Legal Interventions

The Fast Track framework is a time-focused model of case management and, where appropriate, prosecution. The Fast Track model promotes early intervention by both schools, the LA and parents in cases of persistent absence. It aims to ensure appropriate, and time limited intervention is in place to tackle the underlying causes of poor or non-attendance as soon as it becomes apparent. It is a mechanism for ensuring parents focus their attention on their responsibility for ensuring their children attend school both regularly and punctually by engaging with them and specifying, by way of an attendance contract, what improvements need to be made. This should generally be concluded within a 12-week period.

In order to start Fast Track the following criteria must be met:

Pupils must have at least 15% unauthorised absence within a period of 6 school weeks. This is equivalent to 9 sessions of unauthorised absence.

Before you start Fast Track, you must consider what early intervention work you have already completed or should complete to attempt to engage with the parents and address any barriers to attendance:

• Have you held an early intervention meeting? Have you identified the barriers to attendance, agreed an action plan and set targets? You can use the Early intervention plan paperwork to provide a framework.
• Have you offered the parents a referral to Early Help, if you have identified that they need support in other areas or at home e.g. homelessness, domestic violence, drink/drug dependency, etc.?
• Would an Early Help Assessment and Plan (EHAP) be more appropriate? Have you discussed any barriers to attendance with the Partner & Community Focus team?
• Are you aware of previous attendance issues? What did you do previously and what worked well?
• Are there any school age siblings, either in your school or at other schools? Have you spoken to them about having a joint approach?
• Have you consulted with the Attendance Team through the duty line service?

Correspondence with parents

To address concerns about attendance, it is expected that schools will regularly communicate with parents and look to intervene at the earliest opportunity. This should occur prior to Fast Track intervention and in line with the attendance procedures in place in the setting.

Schools entering Fast Track with pupils are required to send official correspondence to all parents as defined in the Education Act 1996. The school should ensure that it has established, in advance of the first invitations to meetings being sent, all adults who fulfil the definition of a parent for the child and correspond with them accordingly. This should include all adults in the household with the child who hold a parental role and any non-resident parents, even if they live out of county. The school should ensure that the address and contact details of the parents are accurate and current.

Schools are required to inform all parents individually, even if they reside at the same address. This is because we are individuals in the eyes of the law, and it is illegal to open post that is addressed to another person. Therefore, one parent cannot claim they were not aware of the concerns being raised as they will have been informed by a letter addressed direct to them. This is essential to secure sufficient evidence for a Section 1A prosecution should the matter progress to prosecution.

Initial invite letters should be sent out allowing at least 5 working days' notice of the meeting, so that parents have sufficient notice to make arrangements to attend. In all correspondence parents should be made aware of who will be attending the arranged meeting.

Schools should use the Initial invite letter we have created as it ensures a clear legal message is given to the parents, we ask that you don't alter or change this letter but place on school headed paper and ensure it is signed and dated accordingly.

Voice of the child

It is important to ascertain the wishes and feelings of the pupil before and during any attendance process. The information you gain from these could shed light on any potential problems at school or at home that are preventing them from attending school regularly. Working Together to Safeguard Children 2018 (opens new window)Working Together to Safeguard Children 2018 produced by the DFE, clearly states that:

"Anyone working with children should see and speak to the child; listen to what they say; take their views seriously; and work with them and their families collaboratively when deciding how to support their needs."

When conducting wishes and feelings with a child it is recommended that it done with someone who the child is comfortable and has a good relationship with. For older children it is best to ask them who they would like to speak with. The time and place of that discussion is another important factor to consider, and it should be somewhere that the child will feel relaxed and know that they can leave at any time. The timing needs to be convenient for all parties and avoid times where the meeting could be rushed i.e., lunchtimes and after school.

Other points to bear in mind when conducting meetings with children is that the meeting is not an interrogation. It is a way to explore how the child is feeling about school and if there are any barriers or issues for them. This information will help to create a plan to bring about a change in their attendance. Also, these meetings have the potential bring up information that may cause concern. This will need to be dealt with sensitively and in line with your Safeguarding Policy.

The Initial Fast Track Meeting

The initial Fast Track to Attendance meeting should ideally be held in school involving parents, pupil, school staff, and other agencies as required. If a parent is unable to attend, school needs to consider if the cause is reasonable. If parents do not attend the meeting that has been offered, schools do not need to hold the meeting or complete the Fast Track paperwork. All parents who have not attended should be sent individual 'Did not attend initial Fast Track' letters and offered a further opportunity to engage with the Fast Track. If parents do not engage with the process, specific consideration should be given to how you might encourage engagement from parents in future meetings, and consider whether there are barriers to them attending the meetings you have offered e.g. transport, location, time, etc.

Where school have offered a second Fast Track meeting and parents have not attended, schools do not need to hold the meeting or complete the Fast Track paperwork. Send a 'Did not attend 2nd attempt at initial meeting' letter individually to parents, choosing whether to use the version where there has been an improvement in attendance and Fast Track will close, or the version where there has been no improvement in attendance, and you will be referring to the LA to consider prosecution. If you need to refer the case to the LA to consider prosecution, see the section below titled, 'Where Fast Track has not resulted in improved attendance'.

For parents that do attend the meeting, the initial Fast Track meeting should aim to ensure that parents are fully informed of their legal responsibilities, the statutory defences to non-attendance and the potential implications of further unauthorised absences. The meeting should seek to establish details of any other adults and their role in the child's life where gaps in the information exist. If a parent declines to provide details of other parents as defined by the section 576 of the Education Act 1996, this should be recorded in the minutes.

The meeting should explore the barriers to school attendance and any other concerns for the pupil, as well as focusing on what is working well in respect of the child's education. In all cases, the child's wishes and feelings must be sought to seek to understand their reasons for poor school attendance.

An attendance target of 100% should be set and a targeted action plan should be developed at the meeting using the template provided. All agreed actions should be individual to the child and their specific needs; plans should not be pre-populated with a set of generic actions. A review meeting date should be agreed within 4-6 school weeks of the initial meeting.

All minutes and plans should provide an accurate reflection of the key issues discussed. All minutes should clearly identify what is working well, the issues affecting school attendance and the child's wishes and feelings. As above, all agreed actions should be individual to the child and their specific needs; plans should not be pre-populated with a set of generic actions. The minutes should be signed by all attendees including the child where appropriate. Parents should be provided with a signed copy of all documents at the time of the meeting, or in exceptional circumstances, via post as soon as possible.

The Review Fast Track Meeting

The school should send out an invitation to the Fast Track review meeting at least 5 working days in advance of the meeting so that parents are reminded and have sufficient notice to attend.

At the review meeting there are four possible outcomes:

• Where pupil attendance has improved and the agreed target has been achieved, the Fast Track process should be formally closed.
• Where there is evidence of statutory defence, the Fast Track process should be formally closed but an appropriate action plan should be agreed to address the child's needs. Any outstanding issues and authorised absences should be managed by the school via the agreed step-down plan.
• Where there has been further unauthorised attendance, the decision should be made to refer the case to the LA for consideration of legal action in line with Education Act 1996.
• Where there has been some improvement, but insufficient to close the case, an internal review should be held on a specified date and within 6 school weeks (to ensure there is no hindrance to the 26-week prosecution period). No additional meeting is required but all parties must be clear about the specified date for the review at the review meeting. The parents must be advised in writing after that agreed date of whatever decision the school has made, whether they will be closing the case or whether they have made the decision to refer for prosecution.

It's important to acknowledge good changes and efforts made by both parents and pupils. A clear and accurate record should be made of the meeting using the template provided. Schools must write to parents to confirm the outcome of the Fast Track process and the agreed next steps. Where an internal review is agreed, the school should send a letter to the parents to confirm the decision reached at the end of the agreed period.

Where Fast Track has not resulted in improved attendance

Where parents have not engaged with the two offered meetings, or the agreed outcome at the review meeting or internal review is a recommendation to the LA to instigate legal proceedings, the school should complete an Application to Prosecute form and call the Attendance Team duty line within 10 days of the final meeting to discuss the Fast Track with an AEO. The purpose of the call is to establish the facts of the Fast Track case, consider whether there are any potential legal defences, whether school has missed any important steps or opportunities to support and agree a potential prosecution period. If the AEO is satisfied that the case should be considered for prosecution, the school will be given the authorisation to complete their evidence pack within 15 school days and submit it to the Attendance Team. Once the pack is completed and 'fit for court', it will then be discussed with the Attendance & Entitlement Manager, who has the delegated powers to agree a case for prosecution.

Below are all the documents you need for the Fast Track process. A completed evidence pack should contain the Application to Prosecute form, witness statement (completed by someone in authority that was at the Fast Track meetings), exhibits (the minutes of the meetings, letters sent and any other relevant paperwork), a S566 Headteachers certificate and signed, dated herringbone (both covering the agreed prosecution period only). A full year to date herringbone should also be included for information, although it does not form part of the evidential pack.

If you require any advice throughout the process, please call the duty line on 01603 223681.

Year 11 cases

The final date for schools to submit applications to prosecute for children in Year 11 is the Friday preceding February half term. The application must be submitted by this deadline to be considered. The evidence pack, when submitted, must be free of errors and fit for court. Any that are not may not be taken forward.

Roles and responsibilities

Role of the Fast Track meeting chair

• Provide an outline of the Fast Track process and the structure of the meeting at the beginning of initial meeting.
• Ensure that all parties including the child are given an opportunity to express their views.
• Facilitate the meeting so that an appropriate plan based on the needs of the individual child can be developed.
• To explain the statutory defences to the parents at the beginning of the meeting. Parents should be fully aware of the seriousness of the Fast Track intervention and that it can lead to prosecution, and the potential of a criminal conviction.
• To ensure that all parties are clear that a failure to meet the expected targets could lead to legal action by the LA and that the minutes of these meetings could be used as evidence in any such action.
• Facilitate the discussions and mapping to ensure that the meeting identifies barriers to school attendance, and an appropriate action plan to address the child's individual needs is put in place.

Role of the school

The school should ensure that:

• A senior member of staff who has the authority to make decisions on behalf of the school attends the meeting. For continuity, the same member of staff should attend the initial and review meetings.
• The meeting room is fit for purpose; the room should be accessible to all invited in line with their needs, it should facilitate confidential discussion and all staff should be made aware that the meeting must not be interrupted.
• The member of staff attending the meeting has access to and shares all relevant information relating to the child including education progress, pastoral care, and any relevant safeguarding issues to effectively improve attendance.
• An appropriate member of staff should seek the wishes and feelings of the child prior to the meeting if the child is not attending.
• A member of staff is identified to produce minutes of the meeting using the templates provided. This person should not be the same person who is chairing the meeting and/or leading the mapping exercise.

What are the elements of a successful Fast Track process?

• The Fast Track meetings should be holistic with regards to the child's experiences and evidence discussion about how to improve outcomes for the child.
• There should be evidence of the school's view of the child in terms of their academic progress, social development, behaviour, and emotional well-being alongside the potential impact on outcomes for the child in all these areas if low attendance continues.
• All professionals need to consider whether children are young carers when issues regarding the health of parents are raised.
• Children should be invited to attend at least part of the meetings and when this does not happen a rationale should be recorded within the minutes. In all cases, attempts should be made to gain the child's views.
• Action plans need to reflect the young person's individual needs and offer specific suggestions for him/her rather than be generic. Where children have raised issues that are impacting on their attendance and attainment the action plan should reflect this.
• Plans should be creative in addressing the need to engage children and young people in discussions about their attendance and how it can be improved.
• Plans should consider how professionals involved can ensure parents are encouraged and enabled to engage, especially where there are known difficulties engaging.
• Staff who know the child best should also attend the meeting - not just the attendance lead.
• Use plain English - language parents and child understand.
• Engagement of parents and child - reminding parents of the meeting beforehand, being aware of and making adjustments in line with parents needs e.g. use of interpreters.
• Invite and communicate with all other professionals involved with the family.
• Ensure sufficient time is allocated for the meeting.
• Set the appropriate tone - room, environment, equipment.
• Meetings to be chaired appropriately - include everyone and gain all views, be aware of time, and give a clear explanation of the purpose of the meeting and process.
• Create an effective action plan that provides clear and SMART actions for school and parents in line with individual needs, addressing the points raised in the meeting. Use full names/titles and clear deadlines for actions to be completed.
• Full and accurate minutes should be produced where everyone's views are recorded, using short concise sentences that cover all key points. Case history and concerns should be clear.
• Assess barriers to attendance at initial meeting and set an appropriate action plan based on these.
• Ensure there is clear consideration of why the action plan has or has not been successful at the review.
• Schedule breaks and gaps between Fast Track meetings.
• Consider siblings - work with other schools and hold joint meetings wherever possible.
• Confirm decision re closure/referral at review meeting and accurately reflect in minutes.
• Develop an alternative action plan as part of a step-down from Fast Track, to ensure improved attendance is maintained after closure.