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School Fines Portsmouth

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Dear Portsmouth City Council,

Id like to know how many TPNs in total have been issued each month for the last 3 years and how many have been withdrawn each month for the last 3 years.

Also how many prosecutions were brought where the allegation was a breach of s444 of the Education Act 1986 in the last 6 years. Include all prosecutions, i.e. those where the summons was issued after a failure to pay a TPN AND prosecutions brought where no TPN had been issued.

Can you provide % of prosecutions that resulted in an acquital, what % did the parents plead guilty to, and what % did they plead not guilty.

Can you tell me how many prosecutions have been started and later withdrawn.

What % of the total summonses quoted attendance dates of longer than 3 months?

How many TPNs were issued where the child was not of compulsory school age and how many of these were paid?

Can I also have a copy of the code of conduct on school attendance / truancy penalty notices.

Yours faithfully,

Jon Platt

FoI (ITS), Portsmouth City Council

1 Attachment

 

Information Governance
Community & Communications  Services
Civic Offices, Guildhall Square, Portsmouth, PO1 2AL
Telephone:    023 9268 8482
                                               

                                                                       
 
Reference: FOI2016/875
 
Dear Mr Platt
 
 
FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST ACKNOWLEDGEMENT
 
Thank you for your request for information received on 6th July 2016.
 
Your request is being considered and, subject to the points made below,
you will receive the information requested as promptly as possible within
the statutory timescale of 20 working days as defined by the Freedom of
Information Act 2000.
 
If we need to obtain more information from you in order to understand what
information you require, we will contact you. If this is the case, the 20
days time limit will not commence until your request has been clarified.
 
The Act defines a number of exemptions that may prevent release of certain
information.  The City Council will consider whether any of these
exemptions apply and, where required by the Act, whether it is in the
public interest to release the information.  If we have to make a public
interest test, the 20 day time limit might be extended. We will inform you
if the time scale has to be extended and if any information is withheld
and of your rights of appeal.
 
The City Council would like to make you aware that disclosure of
information obtained through FOIA is a disclosure into the public domain.
 
The City Council’s standard approach is to provide the information in the
form in which we hold it.  If you require alternative formats, e.g. audio,
large print, etc. or a different language, please let me know and we will
provide it if reasonably practicable to do so. If your request is a
question and we do not hold the answer in recorded form we will try and
provide an answer where we are able unless it requires the creation of new
information.
 
There may be a fee payable for this information request and we will send
you a Fees Notice if this is the case. Any fee must be paid before the
request is provided.  The time between the issue of the Fees Notice and
receipt of payment is excluded from the calculation of the 20 working day
time limit.
 
Any personal information you provide in relation to this request will only
be used for the purposes of processing your request for information.
 
If you have any queries or concerns then please contact the Corporate
Information Governance Officer at Portsmouth City Council, Civic Offices,
Guildhall Square, Portsmouth, Hampshire, PO1 2AL, telephone 023 9268 8482,
e-mail [1][email address].
 
Yours sincerely
 
 
 
                                                                                               
           
 
Wendy Burton
FOI Co-ordinator
 
 

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FoI (ITS), Portsmouth City Council

2 Attachments

 
 
 
Information Governance, Community & Communications Service
Civic Offices, Guildhall Square, Portsmouth, PO1 2AL
Telephone:    023 9268 8482
 
 
Our Ref: FOI2016/875
 
Dear Mr Platt
                                   
INFORMATION REQUEST –
 
Thank you for your request for information received on 6th July 2016,
which was considered under the Freedom of Information Act 2000. 
 
In accordance with the Act, Portsmouth City Council confirms it holds the
information in part.
 
 
YOUR REQUEST AND OUR RESPONSE:
 

 1. I'd like to know how many TPNs in total have been issued each month
for the last 3 years and how many have been withdrawn each month for
the last 3 years.

 
12/13 = 799
13/14 = 1077
14/15 = 1191
 

 2. Also how many prosecutions were brought where the allegation was a
breach of s444 of the Education Act 1986 in the last 6 years. Include
all prosecutions, i.e. those where the summons was issued after a
failure to pay a TPN AND prosecutions brought where no TPN had been
issued.

 
12/13 = 144
13/14 = 150
14/14 = 146
 

 3. Can you provide % of prosecutions that resulted in an acquital, what %
did the parents plead guilty to, and what % did they plead not guilty.

 
We do not record this data. This information is not held.
 

 4. Can you tell me how many prosecutions have been started and later
withdrawn.

 
12/13 = 2
13/14 = 3
14/15 = 5
 

 5. What % of the total summonses quoted attendance dates of longer than 3
months?

 
12/13 = 100%
13/14 = 100%
14/15 = 100%
 

 6. How many TPNs were issued where the child was not of compulsory school
age and how many of these were paid?

 
PN's can only be issued against a child of compulsory school age.
 

 7. Can I also have a copy of the code of conduct on school attendance /
truancy penalty notices.

 
Please see attached.
 
You have the right to appeal against this decision or to complain about
our treatment of your request.  If you wish to do so, please set out in
writing your grounds of complaint and send to the Corporate Information
Governance Officer at Portsmouth City Council, Civic Offices, Guildhall
Square, Portsmouth, Hampshire, PO1 2AL, telephone 023 9268 8482, e-mail
[1][email address].
Should you be dissatisfied with the outcome of the complaints decision you
may wish to follow the Portsmouth City Council’s Compliments and
Complaints procedure which can be found on the Portsmouth City Council
website or by contacting the Civic Offices.
 
Once these processes have been exhausted you have a further right of
appeal to the Information Commissioner at:
 
Further information is also available from the Information Commissioner
at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
[2]https://ico.org.uk
 
Yours sincerely
 
 
Rachel-Marie Wilson
Corporate Complaints and FOi Officer
 

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Dear Portsmouth City Council

Thank you for that response. The 2015/16 figures were not included?

I am trying to work out if the decision of the High Court on 13th May has had any impact on the number of penalty notices being issued by local authorities. Getting annual figures doesn't really give a clear indication as you will appreciate.

Can you please tell me, at least, how many were issued in June and July 2015 compared to June and July 2016 and has there been any change in policy by Portsmouth Council in respect of penalty charges or s444 prosecutions?

Yours sincerely,

Jon Platt

FoI (ITS), Portsmouth City Council

Dear Mr Platt

Thank you for your email. I can confirm that I have forwarded your questions onto the Children Services and Education Team who originally responded to this FOI request. As soon as they have responded, I will forward this to you.

With best wishes
Wendy Burton
FOI Co-ordinator

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FoI (ITS), Portsmouth City Council

Dear Mr Platt

Please find the response below:

2015

June 222
July 257

2016

June 30
July 18

PCC has not changed its policy penalty notices and each application is judged on its own merits.

Best wishes
Wendy Burton
FOI Co-ordinator

show quoted sections

Dear FoI (ITS),

You understand that the POLICY must be published? As must ANY amendments to the policy? You say there has been no change BUT how can you explain the 90% fall year on year in the numbers issued if there has NOT been a POLICY change? Portsmouth are clearly breaking the law by not setting out this change in policy!

I want to know, if it wasn't a change in POLICY that resulted in the 90% fall, what is the explanation for that massive fall, especially given Portsmouth were issuing MORE penalty notices each year.

If you refuse to publish this change in policy, I will seek judicial review. This is NOT acceptable. Parents are entitled to know the circumstances under which they may be issued a PN or prosecuted and you are keeping that policy a secret!

Yours sincerely,

Jon Platt

FoI (ITS), Portsmouth City Council

 

[1]FOI image

Customer, Community and Democratic Services
Civic Offices, Guildhall Square, Portsmouth, PO1 2AL
Telephone: 023 9268 8482
Fax: 023 9284 1327

Reference: FOI/2016/875

Dear Mr Platt

FREEDOM OF INFORMATION ACT 2000 - FOI2016/875 - School Fines

I acknowledge receipt of your e-mail asking for an internal review of the
decision made following your recent request for information.

Portsmouth City Council will convene a panel to investigate your original
request and a response will be sent to you within 20 working days of
receipt of your appeal. If it includes a decision that information should
be released to you, the information will be provided to you as soon as
possible.

If you are still dissatisfied with the response to your request, you can
apply to the Information Commissioner for a decision on whether your
request has been dealt with in accordance with the requirements of the
Freedom of Information Act. The Commissioner will normally require you to
have gone through our internal review process before he considers your
appeal. If the Commissioner finds in your favour, the Commissioner can
require Portsmouth City Council to release the information to you.

The Commissioner can be contacted at the following address:

Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
United Kingdom

Telephone: 0303 123 1113
[2]www.informationcommissioner.gov.uk

If you have any queries or concerns then please contact the Corporate
Information Governance Officer at Portsmouth City Council, Civic Offices,
Guildhall Square, Portsmouth, Hampshire, PO1 2AL, telephone 023 9268 8482,
e-mail [3][email address].

Yours sincerely

Helen Magri
Corporate Information Governance Officers.

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References

Visible links
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3. mailto:[email address]

Paul Randle-Jolliffe left an annotation ()

A Writ of Mandamus is easier than JR

Dear FoI (ITS),

It is now 23 days since I sought an internal review. Can you advise WHEN I might have my response?

Yours sincerely,

Jon Platt

FoI (ITS), Portsmouth City Council

2 Attachments

       
 
 
Information Governance, Community & Communications Service
Civic Offices, Guildhall Square, Portsmouth, PO1 2AL
Telephone:      023 9268 8482
Fax:            023 9284 1327
 
Our Ref: FOI20160875
 
15 September 2016
 
Dear Mr Platt
 
FOI INFORMATION REQUEST – Outcome of Internal Review
 
I write to communicate the outcome of the internal review of the response
provided by Portsmouth City Council to you recent request for information.
 
You originally asked for information relating to the number of penalty
notices issued and for a copy of the "code of conduct on school
attendance/truancy penalty notices and subsequently asked
 
"…has there been any change in policy by Portsmouth Council in respect of
penalty charges or s444 prosecutions?" 
 
The Council confirmed it had not made any changes to its protocol and I
understand it is this statement you wish to challenge.  This has been
reviewed and I confirm it is upheld in part.
 
Whilst it is true to say there have been no material changes to the
protocol in recent years, there were a number of minor amendments to
wording when it was reviewed in September 2015. 
 

* The 2013 protocol refers to the "Attendance Monitoring Service" but
this service has since been replaced by the "School Attendance Team". 
All references were amended to reflect this change.
* Reference to the regulations that inform the protocol was also updated
to include the most recent Education (Penalty Notices)(England)
Regulations 2012 and 2013.
* The circumstances in which a Penalty Notice is generally considered
appropriate were also amended, removing reference to "unauthorised
delayed return from extended holidays without prior school agreement".

 
I confirm there were no further amendments as evidenced by the attached
2013 version of the protocol and link to the current version on our
website:-
 
[1]https://www.portsmouth.gov.uk/ext/docume...
 
I apologise these amendments were not highlighted to you in our original
response.
 
 
In subsequent e-mails, you wrote:-
 
"I want to know, if it wasn't a change in POLICY that resulted in the 90%
fall, what is the explanation for that massive fall, especially given
Portsmouth were issuing MORE penalty notices each year."
 
and
 
"Prior to May 2016 PCC failed in it's legal obligation to assess a child's
wider attendance before issuing a PN alleging irregular attendance."
 
The Council does not believe it has failed in its obligation to assess a
child's wider attendance before issuing a Penalty Notice. It has always
taken the circumstances of each referral into account before issuing a
penalty notice or prosecuting and this has not changed.  This process has
required wider consideration than the policy alone.
 
It should be noted there has been a reduction in the number of cases being
referred to the Council by schools. 
 
 
I trust this now concludes your request to your satisfaction, however, if
you remain dissatisfied, you may report your concerns to the Information
Commissioner at the following address:-
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
[2]https://ico.org.uk
 
Should you have any further information requests, please do not hesitate
to contact a member of the FOI team.
 
 
Yours sincerely
 
 
 
 
 
Helen Magri
Corporate Information Governance Officer
 
Portsmouth City Council
Civic Offices
Guildhall Square
Portsmouth
PO1 2BQ
 
T:  023 9268 8482
E:  [3][email address]
E:  [4][Portsmouth City Council request email]
[5]www.portsmouth.gov.uk
 
 
 
 
 

show quoted sections

Dear FoI (ITS),

Can I please have the number of penalty notices issued in August September and October 2016 please and the numbers withdrawn.

Yours sincerely,

Jon Platt

FOI, Portsmouth City Council

1 Attachment

 

Information Governance
Community & Communications  Services
Civic Offices, Guildhall Square, Portsmouth, PO1 2AL
Telephone:    023 9268 8482
                                               

                                                                       
 
Reference: FOI2016/1371
 
Dear Mr Platt
 
 
FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST ACKNOWLEDGEMENT
 
Thank you for your request for information received on 8th November 2016.
 
Your request is being considered and, subject to the points made below,
you will receive the information requested as promptly as possible within
the statutory timescale of 20 working days as defined by the Freedom of
Information Act 2000.
 
If we need to obtain more information from you in order to understand what
information you require, we will contact you. If this is the case, the 20
days time limit will not commence until your request has been clarified.
 
The Act defines a number of exemptions that may prevent release of certain
information.  The City Council will consider whether any of these
exemptions apply and, where required by the Act, whether it is in the
public interest to release the information.  If we have to make a public
interest test, the 20 day time limit might be extended. We will inform you
if the time scale has to be extended and if any information is withheld
and of your rights of appeal.
 
The City Council would like to make you aware that disclosure of
information obtained through FOIA is a disclosure into the public domain.
 
The City Council’s standard approach is to provide the information in the
form in which we hold it.  If you require alternative formats, e.g. audio,
large print, etc. or a different language, please let me know and we will
provide it if reasonably practicable to do so. If your request is a
question and we do not hold the answer in recorded form we will try and
provide an answer where we are able unless it requires the creation of new
information.
 
There may be a fee payable for this information request and we will send
you a Fees Notice if this is the case. Any fee must be paid before the
request is provided.  The time between the issue of the Fees Notice and
receipt of payment is excluded from the calculation of the 20 working day
time limit.
 
Any personal information you provide in relation to this request will only
be used for the purposes of processing your request for information.
 
If you have any queries or concerns then please contact the Corporate
Information Governance Officer at Portsmouth City Council, Civic Offices,
Guildhall Square, Portsmouth, Hampshire, PO1 2AL, telephone 023 9268 8482,
e-mail [1][email address].
 
Yours sincerely
 
 
 
                                                                                               
           
 
Wendy Burton
FOI Co-ordinator
 
 
 

show quoted sections

Dear FOI,

Sorry in addition to the data sought in my correspondence of 8.11.16 can i ask for the prosecution numbers i.e. :

The number of prosecutions started since 1st January 2016.

The number withdrawn before trial.

The number of guilty / not guilty pleas.

The number of guilty verdicts and not guilty verdicts.

Yours sincerely,

Jon Platt

FOI, Portsmouth City Council

 

[1]FOI image

Customer, Community and Democratic Services
Civic Offices, Guildhall Square, Portsmouth, PO1 2AL
Telephone: 023 9268 8482
Fax: 023 9284 1327

Reference: FOI/2016/1371

Dear Mr Jon Platt

INFORMATION REQUEST - Penalty Notices

Thank you for your request for information received on Wednesday 9
November 2016, which was considered under the Freedom of Information Act.

In accordance with the Act, Portsmouth City council confirms that it holds
the information.

Your request and our response

1. Can I please have the number of penalty notices issued in August
September and October 2016 please and the numbers withdrawn.

ANSWER: 110 issued and 6 withdrawn

 

2. The number of prosecutions started since 1st January 2016.

ANSWER: 217 prosecutions from Jan -Oct 2016

 

3. The number withdrawn before trial.

ANSWER: 2

 

4. The number of guilty / not guilty pleas.

ANSWER: We do not record if a parent pleads not guilty or not

 

5. The number of guilty verdicts and not guilty verdicts.

ANSWER: 210 found guilty, 5 cases found that PCC did not prove irregular
attendance.

You have the right to appeal against this decision or to complain about
our treatment of your request. If you wish to do so, please set out in
writing your grounds of complaint and send to the Corporate Information
Governance Officer at Portsmouth City Council, Civic Offices, Guildhall
Square, Portsmouth, Hampshire, PO1 2AL, telephone 023 9268 8482, e-mail
[2][email address].

Should you be dissatisfied with the outcome of the complaints decision you
may wish to follow the Portsmouth City Council’s Compliments and
Complaints procedure which can be found on the Portsmouth City Council
website or by contacting the Civic Offices.

Once these processes have been exhausted you have a further right of
appeal to the Information Commissioner at:

Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
United Kingdom

Telephone: 0303 123 1113
[3]www.informationcommissioner.gov.uk

Yours sincerely

 

Rachel-Marie Wilson

Corporate Complaints and FOI Officer

show quoted sections

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References

Visible links
2. mailto:[email address]
3. http://www.informationcommissioner.gov.uk/

Dear FOI,

Sorry I meant to ask for the 2015 August to October figure as well as the 2016 numbers?

Yours sincerely,

Jon Platt

FOI, Portsmouth City Council

Dear Mr Platt

Thank you for your email.

Please note that I have forwarded your additional question to the relevant Department. As soon as they respond to us, we will of course forward their response to you.

With best wishes

Wendy Burton
FOI Co-ordinator

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FOI, Portsmouth City Council

Dear Mr Platt

Please find the response to your additional question below.

Best wishes
Wendy Burton
FOI Co-ordinator

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are Jon Platt please sign in and let everyone know.