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S.444(1) education Act and illness / religious observance

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Dear Derbyshire County Council,

Please confirm and provide information as to what process your council follows relating to prosecutions and penalty notices for unauthorised absence.

Your spokesman stated if attendance was below 94% then a penalty would be issued. This includes illness or any other reason.

You must surely know that s.444(3) provides a list of statutory defences; illness and religious observance being two of the reasons I am interested in.

What authority does the council feel it has to prosecute when a statutory defence applies.

Please provide your policy for religious observance and absence from school.

How does a religious body register with your council.
How does a religious body provide dates that are set apart exclusively for religious observance. S.444(3)(c).

Yours faithfully,
Rev Wayne Pearsall

Access 2 Info (Corporate Resources), Derbyshire County Council

Dear Rev Wayne Pearsall

I refer to your request for information received on the 10 April 2017.

We will be dealing with your request under the Freedom of Information Act 2000. In accordance with the legislation, the deadline for responding is 20 working days from the receipts of the request, this being 11 May 2017. However, we shall endeavour to deal with your request promptly, and if possible before this date.

Yours sincerely,

Susan Hewitt
Locum Lawyer
For John McElvaney
Director of Legal Services
Derbyshire County Council
County Hall
Matlock
DE4 3AG

Telephone: 01629 538373

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Derbyshire County Council works to improve the lives of local people by delivering high quality services. You can find out more about us by visiting 'www.derbyshire.gov.uk'. If you want to work for us go to our job pages on 'www.derbyshire.gov.uk/jobs'. You can register for e-mail alerts, download job packs and apply on-line.

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CS DP and FOI (Childrens Services), Derbyshire County Council

2 Attachments

Dear Rev Wayne Pearsall

 

Thank you for your information request dated 10^th April 2017. I can
confirm that we do hold the requested information. The request has been
considered under the Freedom of Information Act 2000. 

 

 

Please find attachments ref: Code of Conduct and FOI response 359-17 in
answer to your questions below.

 

 

Please confirm and provide information as to what process your council
follows relating to prosecutions and penalty notices for unauthorised
absence.

 

Your spokesman stated if attendance was below 94% then a penalty would be
issued.  This includes illness or any other reason.

 

You must surely know that s.444(3) provides a list of statutory defences;
illness and religious observance being two of the reasons I am interested
in.

 

What authority does the council feel it has to prosecute when a statutory
defence applies.

 

Please provide your policy for religious observance and absence from
school.

 

How does a religious body register with your council.

 

How does a religious body provide dates that are set apart exclusively for
religious observance.  S.444(3)(c).

 

 

I hope this now deals with your request for information. However should
you wish the outcome to be reviewed, please follow the procedure as set
out below;

 

Stage 1:

In the first instance, please send in your comments, and wherever
possible, a copy of your request and the covering letter enclosing the
information or refusing your request to:

Access to Information Solicitor

Legal Services

Derbyshire County Council

County Hall

Matlock

DE4 3AG

Email: [1][Derbyshire County Council request email]

 

Please ensure that correspondence is marked as “Request for a review of my
Freedom of Information Act / Environmental Information Regulations
request”, and bears any case references you have been given.   

 

Stage 2:

After completing the above procedure, if you wish to challenge the
decision further, then you have a right to contact the Information
Commissioner’s Office as follows: 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel. 0303 123 1113/ Fax: 01625 524510

ICO Weblink: [2]http://www.ico.org.uk/complaints.aspx

 

Kind regards

 

Julie Yates

 

 

Julie Yates

SAR /FOI Team

Children’s Services

Derbyshire County Council

County Hall

Matlock

DE4 3AG

 

[3][email address]

 

Tel:   01629 538853 / 536751 (direct lines)

 

 

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Dear Derbyshire County Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Derbyshire County Council's handling of my FOI request 'S.444(1) education Act and illness / religious observance'.

I thank you for your response to my request.

https://www.whatdotheyknow.com/request/s...

The response isn't all that clear to me.
Are you telling me that your body corporate - being a public authority with a psed (s.149 equality act) has done no form of assessment relating to breaching it's duties in relation to religious observance which is a protected right by both international and national law (ECHR, UNCHR, UK Human Rights Act, Equality Act etc).

Can you review your response and perform your duty to explicitly state whether any information is held or not.

Your response does confirm and state that your calculation includes both sickness and religious observance, which is clearly against the legislative framework (s.444(3) education Act # you may wish to consult independent legal advice relating to your code of conduct before implementation of changes)

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...

Yours faithfully,

Wayne Pearsall
Multi Ethos Church of the People

Access 2 Info (Corporate Resources), Derbyshire County Council

Dear Mr Pearsall,

I refer to your request for a review received on the 25 April 2017.

As reviewing officer I will consider the Council’s response to your request for information.

I will provide the review within 20 working days and by the 24 May 2017.

However, I shall endeavour to deal with your request promptly, and if possible before this date.

Yours sincerely,

Business Services Assistant
For John McElvaney
Director of Legal Services
Derbyshire County Council
County Hall
Matlock
DE4 3AG

Telephone: 01629 538373

PUBLIC – This email includes information which is not personal

This email or email thread section has been classified PUBLIC - This email includes information which is not personal.
Think before you print! Save energy and paper. Do you really need to print this email?

Derbyshire County Council works to improve the lives of local people by delivering high quality services. You can find out more about us by visiting 'www.derbyshire.gov.uk'. If you want to work for us go to our job pages on 'www.derbyshire.gov.uk/jobs'. You can register for e-mail alerts, download job packs and apply on-line.

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