Dear Warwickshire County Council,

Id like to know how many TPNs (truancy penalty notices) in total have been issued each month for the last 3 years and how many have been withdrawn each month for the last 3 years. If you categorise these separately (such as truancy and unauthorised holiday absences) then please provide the breakdown. If not just the totals will suffice.

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Can you tell me how many prosecutions have been started and later withdrawn.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 County code of conduct on attendance

Yours faithfully,

Jon Platt

 
Information request
Our reference: 1669428

--------------------------------------------------------------------------

 
Dear Mr Platt
 
Freedom of Information Act 2000
 
Thank you for your request for information that was received on 19 July
2016.
 
We are dealing with your request under the and we aim to send a response
by 16 August 2016.
 
In some case, a fee may be payable. If we decide a fee is payable, we will
send you a fee notice and we will require you to pay the fee before
proceeding with your request.
 
The Freedom of Information Act 2000may restrict the release of some or all
of the information you have requested. We will carry out an assessment and
if any exemptionsapply to some or all of the information then we might not
provide that information to you. We will inform you if this is the case
and advise you of your rights to request an internal review and to
complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 
Yours sincerely
 
 
Jonathan Sheward
Information Rights Officer
Warwickshire County Council
Information Management
Tel: 01926 418633
Email: [email address]

 
NOTE: Please do not edit the subject line when replying to this email.

 
Information request
Our reference: 1669428

--------------------------------------------------------------------------

 
Dear Mr Platt,
 
Freedom of Information Act 2000
 

Your request for information, received on 19/07/2016,  and concerning
"truancy penalty notices",  is currently being considered by Warwickshire
County Council. However I am writing to advise that there will be a short
delay in providing you with our response to your request.

I apologise for this delay and for any inconvenience caused. I will write
to you as soon as possible with the Council’s response to your request.

If you have any queries or should you wish to make a complaint about the
manner in which your request is being dealt with then please do not
hesitate to contact me at the above address in the first instance. Any
complaints will be dealt with under the Council’s internal review
procedure.

Further information about your rights under the Freedom of Information
Act, is available from the Information Commissioner’s Office (0303 123
1113) or www.ico.org.uk and on the County Council’s website.

Yours sincerely

Jonathan Sheward

Information Rights Officer
Information Management
Warwickshire County Council
Shire Hall, Warwick CV34 4RL

Tel: 01926 418633
E-mail: [email address]

 

 
NOTE: Please do not edit the subject line when replying to this email.

Dear Warwickshire County Council,

Can you confirm that you HAVE now breached the STATUTORY duty imposed on public authorities by the FOI Act? Can you please let me know how many times this authority has breached it's FOI obligation to provide the data requested within 20 working days?

Yours sincerely,

Jon Platt

1 Attachment

 
Information request
Our reference: 1669428

--------------------------------------------------------------------------

 
Dear Mr Platt,
 
Freedom of Information Act 2000
 
I acknowledge receipt of your e-mail of 16 August 2016.

I confirm that it is a statutory obligation of the Freedom of Information
Act 2000 for a local authority to provide a response within 20 working
days, and apologise that our response to your request has not been made
within this timescale. Warwickshire County Council always aims to comply
with statutory timescales, but on occasions this is not achievable. 

Please be advised that I am now able to provide a partial response to your
request, that I trust is of help and interest to you at this stage.
However there is some information that I am still unable to provide at
present. Tthe council will look to provide this as soon as possible.
 
Once we have made our final response to you, we will then refer your
request to our Internal Review procedures in order to respond to the
concerns that you have raised to date over our processing of your request.

In respect of your question "Can you please let me know how many times
this authority has breached it's FOI obligation to provide the data
requested within 20 working days?", can you please confirm that you
require us to answer this under a new request for information? If so,
please confirm the period for which you would like us to provide this
information for.

Our partial response is as follows. You asked us:
1) I'd like to know how many TPNs (truancy penalty notices) 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. If you categorise these
separately (such as truancy and unauthorised holiday absences) then please
provide the breakdown. If not just the totals will suffice. 

Please be advised that we do not hold this information in a format that
enables us answer this question by month as requested. Therefore we are
providing information on a yearly basis as follows:

Issued: 

2013-2014 - 296 
2014-2015 - 433 
2015-2016 - * 76 up to and including 8th December 2015 - Full information
on 2015/2016 will be available in the Autumn Term* 

Withdrawn 

2013-2014 - 0 
2014-2015 - 6 
2015-2016 – 0 -

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. 

I am unable to provide you with information for the last 6 years. The
information that I am able to proivde at this stage is:

2013 / 2014 – 21 proceeded to court 
2014 / 2015 – 79 proceeded to court 
2015 / 2016 – *This information will be available in the Autumn Term* 

Prior to 2013 penalty notices were issued on behalf of the Local Authority
by a service that no longer exists. I am currently seeking advice on what
information is held by Warwickshire County Council for the period prior to
2013.

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. 

As advised above - information not available at this stage.

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

As advised above - information not available at this stage.

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

As advised above - information not available at this stage.

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

0

7) Can I also have a copy of the County code of conduct on attendance

Please see the document "WCC FPN code of conduct Jan 15 final (1)(2)"
attached to this e-mail.

Additional information on school attendance can be found on the
Warwickshire County Council’s website via: 

[1]http://www.warwickshire.gov.uk/schoolatt...

http://www.warwickshire.gov.uk/pupilnona...
 

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to:
 
Information Management
Shire Hall 
Warwick 
CV34 4RL
[email address
 
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: 
The Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. 
Phone: 0303 123 1113 
Website: www.ico.gov.uk
 

Yours sincerely
 
 
‎Jonathan Sheward‏

‎Information Rights Officer‏
Information Management Team
Warwickshire County Council

Tel no: 01926 418633
E-mail: [2][email address]

NOTE: Please do not edit the subject line when replying to this email.

References

Visible links
1. http://www.warwickshire.gov.uk/schoolatt...
2. mailto:[email address]

Dear Warwickshire County Council,

This really isn't good enough..treat this as a formal complaint. As well you know this information is held by WCC. You have breached your statutory duty and my legal right to this information. You prosecute parents in droves on allegations of irregular attendance of their children at school but fail in your legal duty to provide data on that very issue. Hypocrisy springs to mind.

I want this information in full immediately or im going to complain to tbe ICO.

Shame on you WCC.

Yours sincerely,

Jon Platt

Dear Mr Platt,

I am writing to acknowledge the receipt of your e-mail dated 28 August
2016, and to confirm that your comments have been noted.

We are continuing to process your request, and I will contact you again
once I am able to provide you with our final response. 

Yours sincerely

Jonathan Sheward‏ 

Information Rights Officer‏ 
Information Management Team 
Warwickshire County Council 

Tel no: 01926 418633 
E-mail: [1][email address]

--------------------------------------------------------------------------

Dear Warwickshire County Council,

This really isn't good enough..treat this as a formal complaint. As well
you know this information is held by WCC. You have breached your statutory
duty and my legal right to this information. You prosecute parents in
droves on allegations of irregular attendance of their children at school
but fail in your legal duty to provide data on that very issue. Hypocrisy
springs to mind.

I want this information in full immediately or im going to complain to tbe
ICO.

Shame on you WCC.

Yours sincerely,

Jon Platt

show quoted sections

Dear Warwickshire County Council,

Please confirm that:

1. You are treating this as a complaint.
2. That you have breached the 20 day STATUTORY limit.
3. That the (incomplete) data supplied (annual figures) includes ALL the penalty notices issued in respect of absences from school and that you actually HOLD all the data for 2015/16 but have failed to provide it.
4. How many times has this local authority breached it's statutory obligations under FOIA?
5. Why they have breached the 20 days limit on each occasion it has been breached?
6. There has been a change in policy by this local authority in respect of penalty notices following the May 13th decision of the High Court that has resulted in a fall in the numbers being issued?
7. that you have failed to amend the code of conduct to reflect this change in policy?
8. That it is a STATUTORY obligation inposed on WCC that the code of conduct reflects accurately and precisely the policy in respect of penalty notices?

Yours sincerely,

Jon Platt

 
Information request
Our reference: 1669428

--------------------------------------------------------------------------

 
Dear Mr Platt,
 
Freedom of Information Act 2000

Thank you for your e-mail of 1 September 2016.

I will refer to the questions that you have raised in the above e-mail in
order:

1. You are treating this as a complaint. 

Your complaint concerning our processing of your request will be
considered as an integral part of the Internal Review that will be
instigated once we have provided you with our final response to your
request.

Under our internal review procedure:

* The matter will be dealt with on behalf of the Monitoring Officer by a
senior officer with appropriate knowledge and experience. Ordinarily
this will be a member of the Corporate Legal Services team.

* The internal review procedure is a single stage review process which
in most cases will be completed within no more than 20 working days
from the date of the request.

* In some circumstances the review may take longer (e.g. if the matter
is complex) however it should take no longer than 40 working days from
the date of the request.

 If you are not satisfied with the outcome of the internal review, you may
also appeal to the Information Commissioner if you feel we have not
complied with our obligations. Your rights are explained on the
Information Commissioner’s website.

2. That you have breached the 20 day STATUTORY limit. 

I confirm that a response was not made to your request within the 20 day
statutory obligation under the Freedom of Information Act 2000.

A partial response has subsequently been made in which some information
was provided, but there was information that we were still unable to
provide at that time. This remains the case, but we are continuing to
pursue a resolution to this situation - and will provide our final
response as soon as possible.

I apologise again for the delay in providing our full response.

3. That the (incomplete) data supplied (annual figures) includes ALL the
penalty notices issued in respect of absences from school and that you
actually HOLD all the data for 2015/16 but have failed to provide it. 

Due to the time taken for such information to be forwarded from schools to
the County Council, full year totals for the 2015/2016 academic year are
not yet known.

We would expect to be able to confirm total annual data for the 2015/2016
academic year by the end of the 2016 Autumn Term in December 2016.

4. How many times has this local authority breached it's statutory
obligations under FOIA? 
5. Why they have breached the 20 days limit on each occasion it has been
breached? 
6. There has been a change in policy by this local authority in respect of
penalty notices following the May 13th decision of the High Court that has
resulted in a fall in the numbers being issued? 
7. that you have failed to amend the code of conduct to reflect this
change in policy? 
8. That it is a STATUTORY obligation inposed on WCC that the code of
conduct reflects accurately and precisely the policy in respect of penalty
notices? 
 
We consider that questions 4 to 8 (inclusive) constitue a request for
information that is in addition to your original request. Therefore we
have raised a new request, taken as received on 1 September 2016, which we
will now action separately. 

I will provide you with a formal acknowledgement to this new request
(reference number 1783828) under separate cover.
 

Yours sincerely,

Jonathan Sheward

Information Rights Officer
Information Management
Warwickshire County Council
Shire Hall, Warwick CV34 4RL

Tel: 01926 418633
E-mail: [email address]

 

 
NOTE: Please do not edit the subject line when replying to this email.

 
Information request
Our reference: 1783828

--------------------------------------------------------------------------

 
Dear ‎Mr Platt‏,
 
Freedom of Information Act 2000
 
Following your e-mail of 1 September 2016 concerning request reference
1669428, and as advised in my separate e-mail, we have created a new
request in order to answer the following additional questions that you
have raised:

How many times has this local authority breached it's statutory
obligations under FOIA? 

Why they have breached the 20 days limit on each occasion it has been
breached? 

There has been a change in policy by this local authority in respect of
penalty notices following the May 13th decision of the High Court that has
resulted in a fall in the numbers being issued? 

That you have failed to amend the code of conduct to reflect this change
in policy? 

That it is a STATUTORY obligation imposed on WCC that the code of conduct
reflects accurately and precisely the policy in respect of penalty
notices?

I am writing to ask you to clarify your request. This is because we need
further details from you in order to identify and locate the most
appropriate information in respect of the following questions;

How many times has this local authority breached it's statutory
obligations under FOIA?

Why they have breached the 20 days limit on each occasion it has been
breached?

Can you please clarify the time period that you require this information
for.
 
I will not be able to take this matter further without this extra
information from you. Please let me know by 14/10/2016.
 
If I do not hear from you within the timeframe provided, I shall take it
that you do not wish to pursue this request and will consider the request
closed. 
 
If you need assistance, please contact me on 01926 418633 or
[email address].
 

 Kind regards

Jonathan Sheward

Information Rights Officer
Information Management
Warwickshire County Council
Shire Hall, Warwick CV34 4RL

Tel: 01926 418633
E-mail: [email address]

 

 
NOTE: Please do not edit the subject line when replying to this email.

Dear Warwickshire County Council,
Still waiting!!!

Yours sincerely,

Jon Platt

3 Attachments

 
Information request
Our reference: 1669428

--------------------------------------------------------------------------

 
Dear Mr Platt, 
 
Thank you for your request for information received on 19 July 2016.
 
Please find the attached final response to your request, and associated
documents.
 

Yours sincerely

Jonathan Sheward

Information Rights Officer
Information Management
Warwickshire County Council
Shire Hall, Warwick CV34 4RL

Tel: 01926 418633
E-mail: [email address]

  

NOTE: Please do not edit the subject line when replying to this email.

 
Information request
Our reference: 1669428

--------------------------------------------------------------------------

 
Dear Mr Platt,
 
Thank you for your request for a review. This is being treated as having
being received on 22 September 2016 following the submision of our final
response to you.

I am sorry that you are dissatisfied with our attempts to handle your
request under the Freedom of Information Act 2000,
 
I can confirm that we are considering your concerns and we will aim to
provide you with a response by 20 October 2016.
 

 Kind regards

Jonathan Sheward

Information Rights Officer
Information Management
Warwickshire County Council
Shire Hall, Warwick CV34 4RL

Tel: 01926 418633
E-mail: [email address]

 

 
NOTE: Please do not edit the subject line when replying to this email.

Dear Mr Platt,

Thank you for your internal review request.

This matter has been passed to Legal Services and is currently awaiting
allocation.

We are currently experiencing a high volume of work and on occasion have
to extend the usual 20 working deadline to 40 working days in order to
meet demand.  Accordingly, we have extended the deadline in this matter
and hope to provide you with the review outcome by 18 November 2016.

Kind regards,

 

Meena Lekhi
Corporate & Commercial Team
Warwickshire Legal Services
Warwickshire County Council

Dear Warwickshire County Council,
Im still waiting and you understand I assume that you ARE breaking the law by not complying?

In answer to your question i want to know how many times youve broken the FOI Act in the last 3 years?

Yours sincerely,

Jon Platt

Wayne Pearsall left an annotation ()

They're worried Jon, because their entire tpn process is unlawful as it fails to comply with the dpa1998.

They accept informations and unlawfully share informations with unregistered data controllers.

Wayne Pearsall left an annotation ()

You may find the following FOI requests / Threads useful:
https://www.whatdotheyknow.com/request/a...
s444 summons (They could answer this - 141 attempts, 126 convictions)
https://www.whatdotheyknow.com/request/s...
https://www.whatdotheyknow.com/request/s...

FPN issued:
https://www.whatdotheyknow.com/request/s... (Note: they lied in this response: N&T school referred me and my wife TWICE, we didn't pay EITHER time. - I believe you've seen the various letters already for these referrals on FB).

 
Information request
Our reference: 1669428

--------------------------------------------------------------------------

 
Dear Mr Platt,
 
Your request for an Internal Review, received on 22 September 2016, has
been considered by Warwicskhire County Council. 
 
Please find the attached review decision.

Yours sincerely

Jonathan Sheward

Information Rights Officer
Information Management
Warwickshire County Council
Shire Hall
Warwick
CV34 4RL
Tel: 01926 418633

(Sent on behalf of Legal Services)

 
NOTE: Please do not edit the subject line when replying to this email.

1 Attachment

 
Information request
Our reference: 1669428

--------------------------------------------------------------------------

 
Dear Mr Platt,
 
Your request for an Internal Review, received on 22 September 2016, has
been considered by Warwicskhire County Council. 
 
Please find the attached review decision.

Yours sincerely

Jonathan Sheward

Information Rights Officer
Information Management
Warwickshire County Council
Shire Hall
Warwick
CV34 4RL
Tel: 01926 418633

(Sent on behalf of Legal Services)

 
NOTE: Please do not edit the subject line when replying to this email.

Dear Warwickshire County Council,

Thank you for the response and the apology for the delay in responding and the breach of the FOI Act. 282 times in the last 5 years WCC has prosecuted parents under s44 of the Educations Act, alleging they had failed to comply with the statutry duty imposed upon them under that Act. For 4 YEARS not one parent was acquitted of this offence. I see that since my case, 7 parents have been acquitted.

Can I ask:
1. Are you going to provide me with the information I requested in respect of the number of times WCC has breach the statutry duty imposed on YOU by the FOI Act, (20 days limit)?

2. You seem to blame this breach on a lack of resources to cope with the volume of requests. Many parents might feel that their family holiday is planned in term time due to a lack of resources too and they may well fell there is an unacceptable degree of hypocrisy here by WCC? Can you confirm that, just as 'lack of resources' is not a statutory defence to a s444 allegation, it is alos NOT a defence of any form to a breach of the FOI Act?

Yours sincerely,

Jon Platt

Dear Warwickshire County Council,

New request. Can I please have the data for September and October 2016 i.e. the number of penalty notices issued in respect of school attendance.

Can you also tell me how many prosecutions have been brought so far this academic year and how many have resulted in an acquittal.

Yours sincerely,

Jon Platt

 
Information request
Our reference: 1973928

--------------------------------------------------------------------------

 
Dear Mr Platt
 
Freedom of Information Act 2000
 
Thank you for your request for information that was received on 14
November 2016.
 
We are dealing with your request under the Freedom of Information Act
2000 and we aim to send a response by 12 December 2016.
 
In some case, a fee may be payable. If we decide a fee is payable, we will
send you a fee notice and we will require you to pay the fee before
proceeding with your request.
 
The Freedom of Information Act 2000may restrict the release of some or all
of the information you have requested. We will carry out an assessment and
if any exemptionsapply to some or all of the information then we might not
provide that information to you. We will inform you if this is the case
and advise you of your rights to request an internal review and to
complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 

 Kind regards

Louise Church
Information Governance Officer

Resources
Information Management
Warwickshire County Council
Shire Hall, Warwick
Warwickshire CV34 4RL
Tel: 01926 412125

 

 
NOTE: Please do not edit the subject line when replying to this email.

1 Attachment

 
Information request
Our reference: 1783828

--------------------------------------------------------------------------

 
Dear Mr Platt,
 
Thank you for your request for information. 
 
Please find attached our response to your request.
 

Yours sincerely

Jonathan Sheward

Information Rights Officer
Information Management
Warwickshire County Council
Shire Hall
Warwick
CV34 4RL

Tel: 01926 418633
E-mail: [email address]

 

NOTE: Please do not edit the subject line when replying to this email.

1 Attachment

 
Information request
Our reference: 1973928

--------------------------------------------------------------------------

 
Dear Mr Platt,
 
Thank you for your request for information received on 14 November 2016.
 
Please find our attached response to your request.
 

Yours sincerely

Jonathan Sheward

Information Rights Officer
Information Management
Warwickshire County Council
Shire Hall
Warwick
CV34 4RL

Tel: 01926 418633
E-mail: [email address]

 
NOTE: Please do not edit the subject line when replying to this email.

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