Legal Actions

Legal Actions Overview

Legal Actions are added to a student record by clicking the Involvements hyperlink. Such records are created as Legal Action Involvements. A Legal Action Involvement allows information about Prosecutions, Penalty Notices, Court Orders, Parent Contracts and Attendance Monitoring to be recorded.

The Legal Actions Involvement is accessed by clicking the Involvements hyperlink in the Links panel of a Person/Student record or from My Involvements on the Home Page.

Legal Actions Summary

When the Involvements link is selected the Involvements Summary page is displayed listing any existing involvements for the student. For each involvement recorded the summary information shows the Involvement Type, Status, Start and End Dates, Service Team, Caseworker, Case File Number and Case Status, eg Active, Monitoring. 

In most cases a Legal Action Involvement will be added from a Student record, in which case certain fields, shown in the Involvement Details, will be automatically populated. These include Service TeamService Team This is the Service Team that you are linked to, Involvement Form, Subject, Legal Action Officers (Caseworker label defined during Setup). 

  • Set ACLSet ACL

    Clicking the Set ACL icon opens the Access Control List dialog allowing you to define access levels to data for individual Users or users in a specific Post or Group.

  • Data PanelsData Panels 

    Clicking the Data Panels icon opens the View/Hide Data Panels dialog. The purpose of this dialog is to give you the option to hide panels (via Groups) which are infrequently used. It is not a security measure as data is delivered to the panel and not restricted.

  • AlertsAlerts

    Clicking the Alerts icon opens the Alert Messages dialog for the current record, displaying existing messages and allowing you to add new messages. These messages are displayed when the person record is opened.

  • SQL Mail MergeSQL Mail Merge

    Clicking the SQL Mail Merge button opens the SQL Mail Merge dialog for the current record, showing the name of the person logged on (User Name) and the area where the Mail Merge is being created (Entity Name).

Legal Actions Involvement Details

The Involvement details page has a series of panels in which to record legal actions such as Court Orders and Prosecutions with supporting information for this involvement.

The Service TeamService Team This is the Service Team that you are linked to field and the type of Involvement Form are automatically populated. The Start Date will show the current system date; this may be changed if required.

If Timelines are defined for Legal Action involvements, a dialog will open when the Involvement is saved, for you to select which Timeline. If there is only one Timeline available, clicking OK will automatically add this to your Involvement form. This will be shown as the first panel of the Involvement form. Alternatively clicking the Timeline icon at the top of the page allows you to add a Timeline or re-select. The full Timeline can be launched from this panel by clicking the Launch link text.

  • Subjects panelSubjects panel

    The Subject panel allows you to show Current, Future or Both. If the Legal Action Involvement is created from a Student record; this panel will be populated with the Student's name details, Gender and Date of Birth. The Add, Remove and Details controls are not applicable to Legal Actions as it is specific to the individual student. Only one subject can be recorded and it must be a student.

  • ReasonsReasons

    A Reason must be added to the Involvement by clicking the Add icon; when a Reason has been selected, Edit and Remove functions are then available (Lookup Table_ID 1053).

    Timelines are automatically associated with the Legal Actions Involvement, based on the selected Involvement Reason.

  • Caseworker/Legal Actions OfficersCaseworker/Legal Actions Officers

    The label of this panel is determined when the Involvement form is defined, eg Caseworkers. Functionality allows you to filter the list on Current, Future or Both. 

    This will be populated with the name you use for logging on to the system. Clicking Add opens a chooser which allows you to select another person from the Service Team to which the Involvement is linked.

  • SEN Information panelSEN Information panel

    If the subject of the Legal Actions Involvement is also the subject of an SEN Involvement record, this panel will contain Assessment needs and related information.

Attendance Monitor

This panel allows users to record details of the Attendance Monitoring/Warning Letters or a series of monitoring periods for a Legal Action Involvement. The data in this panel allows the Caseworker to review several monitoring periods to assess the student's attendance record before issuing a Penalty Notice (if necessary).

Click the Add icon to add an attendance record. This opens the Attendance Monitoring/Warning Letter Details dialog. It allows you to record details of any warning letters that are sent. The Caseworker has the option to add a new Attendance Monitoring/Warning Letter record, or to edit or remove an existing Attendance Monitoring/Warning Letter record. To modify an Attendance record, click the Edit icon. 

Where a student's attendance improves the Attendance record may be withdrawn. If a record is withdrawn, the Date Withdrawn must be entered or selected and a reason entered in the Reason Withdrawn box. This is a free text field. Updated information is automatically generated by the system. The Memo button allows you to store relevant information relating to the current record.

Parent Contracts

A Parent Contract may be offered by the Caseworker to the Parent/Carer of a student, where it is considered that parental influence could help improve the student's behavior and/or attendance. It would take the form of a written voluntary agreement between the Educational Establishment Governing Body or the Local Authority and the Parent/Carer under which the Parent/Carer agrees to comply with certain requirements (e.g. to ensure the Pupil’s attendance is improved) and the school or Local Authority agrees to provide the support required.

Parenting Contracts are not essential and Parent’s do not need to accept. These can be offered earlier prior to the student being Excluded or after the student has been Excluded. Parenting Contracts usually last between 3-12 months. The Parent cannot be prosecuted when the Parenting Contract is breached or refused however this is taken into account when Local Authority applies for a Parenting Order.

If the Parent/Carer refuses/fails to engage with the Local Authority in attempting to improve the student's behaviour, then the Educational Establishment or Local Authority may consider applying to the Magistrate’s Court for a Parenting Order.

The form displays a summary of all the Parent Contracts issued for this Involvement; the User can add, edit or delete from this summary. 

Adding or editing will open a Parent Contracts details dialog. If there is more than one parent/carer or person responsible for the student, a Parent Contract must be prepared for each person. It is not mandatory but it is good practice to complete the fields on the Parent Contract dialog to maintain a full record.

Parent Contract Ref, Issued to, Date Offered and Offered ByOffered By normally the school, Start and End Dates and Accepted checkbox and Date. If the contract is accepted a Start and End Date must be entered. A Review Date can be entered if necessary.

If the Parent Contract is refused the Date Refused should be entered.

If a parent enters a contract and breaches the conditions of the contract then this can lead to a Court Order being issued. In such circumstances the following fields allow you to maintain the Parent Contract record, Breached checkbox, Breached Date and Reason; this is a free-text box of up to 250 characters. Last Update information is recorded.

Prosecutions

This is a summary of all the Prosecutions for this Involvement; the user can add, edit or delete from the summary. If an Appeal is to be made a new Prosecution record should be created with new Court Case details.

Adding or editing will open the Prosecution Details dialog.

  • Court Case DetailsCourt Case Details
    Case Reference Court Case Reference Number
    Court Date and Court Time Enter the date and time of the Court hearing in the relevant fields.
    Court Name Select the Court Name from the drop-down list (Lookup Table_ID 0763). Names defined in Tools | Administration | Lookups
    Offence Items for selection are Referral Reasons,  (Lookup Table_ID 1114) defined in Tools | Administration | Lookups
    Memo This allows you to enter free-text information.
  • Person DetailsPerson Details

    Click on the dropdown to select Parent/Carer, Person or Not Specified. Use the browse to open the Person Search. Click the person icon to View Details. The Person Prosecuted must be selected before you can enter the Appeal Details.

  • Appeal DetailsAppeal Details

    When an Appeal is to be made a new prosecution record should be created. Appeal Details cannot be entered until the Person Prosecuted has been selected. Use the browse to select the Appeal Court Case Ref. Use the free text field to record details of the Appeal.

  • Adjournment DetailsAdjournment Details

    Adjournment details comprise: an Adjournment Date (Mandatory), the date of the Next Hearing, Court Name, a reason for the Adjournment (Lookup Table_ID 1132). The Defendant Present field allows you to record if the person being prosecuted was present at the hearing in Court. An Adjournment record can be deleted by clicking Remove. To record an Adjournment click Add, this will create a new row in the panel in which to select or enter appropriate details.

  • Court Case OutcomeCourt Case Outcome

    It allows you to record the outcome of Court Prosecutions against a Parent/Carer.

    Plea Select from the lookup (Lookup Table_ID 0773). There are two seeded values Guilty and Not Guilty. Others may be added but must be assigned an External Code of Guilty, Not Guilty or No Plea Entered.
    Defence Solicitor Select a name from the Role Code table. Names may be added to this Role Code table by using Role Manager and associating a person with this role from code DEF.
    LA Solicitor / Barrister Select a name from the Role Code table. Names may be added to this Role Code table by using Role Manager and associating a person with this role from code SOL.
    Outcome This is the same lookup as Plea above (Lookup Table_ID 0773).
    Disposal Date Select or enter the relevant date for Disposal.

    Once an Outcome of Guilty is recorded and saved, Court Disposal information should be entered.

  • Disposal DetailDisposal Detail

    Disposal details are entered following a verdict of Guilty. The Disposal Details panel on the Involvement form will show summary Disposal information. Click Add to create a Disposal record. This will open the Disposal Details dialog in which to enter relevant information to complete the record.

    Disposal Type (M) Defined in Tools | Administration | Lookups  (Lookup Table_ID 1113).  Court Order, Sentence, Fine. If Court Order then the Court Order checkbox must be ticked.
    Discharge Type (M) Conditional/Unconditional
    No. of Months The number of months in which to comply with the conditions of the Disposal.
    Start/End Date These fields are the Start and End dates of the sentence imposed, e.g. Education Supervision Order, School Attendance Order.
    Sentence (Checkbox) This indicates that the disposal is a sentence,
    Length of Sentence how long the sentence is for,
    Suspended Sentence and if it is a suspended sentence or not.
    Fine Enter the amount of the Fine imposed on the Parent/Carer.
    Costs Imposed Enter the sum of Court Costs imposed on the Parent/Carer.
    Costs Awarded against the LA Enter the sum of Costs awarded against the Local Authority.
    Victim Surcharge A sum awarded to the student, eg £15

Glossary

  • Absolute DischargeAbsolute Discharge

    This sentence can be imposed where an offence is committed but punishment is inappropriate e.g. a motorist speeding to hospital to save a dying passenger.

  • Conditional DischargeConditional Discharge

    No punishment is imposed but a condition is attached to the discharge that no further offences are committed for a period up to three years. If a further offence is committed within the period then the court can deal with the offender again for the same offence as well as dealing with him for the new offence.

  • Court OrdersCourt Orders

    Parenting Orders – applied by Local Authorities under the Crime and Disorder Act 1998 and/or Anti-Social Act 1998 issued by the Courts; if breached or refused can result in Prosecution under section 444 of the Education Act 1996; Parenting Orders normally last for up to 12 months; this is a requirement for the Parent to attend counselling or guidance sessions to improve Pupil’s behaviour and/or attendance.

    School Attendance Order (SAO) – Sections 437-4443 of the Education Act gives the Local Authorities power to help it ensure that children attend school. The SAO is served to the Parent of a child of compulsory school age where the parent fails to prove that the child is receiving suitable education and where the Local Authority believes that the child should attend school.  

    Education Supervision Order (ESO) – Section 444 Education Act 1996 makes the Local Authority responsible for educating children of compulsory age. Local Authorities may apply for an ESO instead of, or as well as, prosecuting parents for poor attendance or to obey the SAO.

    Parenting orders are a helpful addition to Local Authority and school toolkits for improving behaviour and attendance:

    1. They enable schools and Local Authorities to address behaviour and attendance issues with parents where they are otherwise unwilling to engage. 
    2. They provide parents with professional support. 
    3. They may help to reduce the need for exclusions in schools. 

    Only Local Authorities can make an application to the court in the case of attendance, following a successful prosecution of the parent for their child's irregular school attendance. But schools can make a request to their Local Authority to bring a prosecution.

    In the case of behaviour both Local Authority and school can make an application direct to the Magistrates' Court by completing a proforma and providing evidence. See Guidance on Education Related Parenting Contracts, Parenting Orders and Penalty Notices.

  • Custodial SentenceCustodial Sentence

    A term of detention.

  • DisposalDisposal

    The disposal is the sentence of the court e.g. Fine, Conditional/Absolute Discharge etc for guilty verdict.

  • Disposal dateDisposal date

    The disposal date is the date of conviction/sentencing which is not always the first Court hearing date depending on adjournments.

  • Education Supervision Order (ESO)Education Supervision Order (ESO)

    An ESO (Section 444 Education Act 1996) makes the Local Authority responsible for educating a child of compulsory school age. Local Authorities may apply for an ESO instead of, or as well as, prosecuting parents for poor attendance or failure to obey a school Attendance Order.

  • Parent ContractsParent Contracts

    The Anti-Social Behaviour Act 2003 gave powers to Local Authorities and schools to enter into a Parenting Contract to help address children's behaviour and irregular attendance at school. These powers have been available since 27 February 2004. Youth Offending Teams (YOTs) were also given similar powers to offer contracts to parents whose children are involved in criminal conduct or anti-social behaviour within the community.

    Recent developments

    The Education and Inspections Act 2006 amended the 2003 Act to enable Parenting Contracts to be offered earlier, for a child's misbehaviour, prior to exclusion.

    A Parent Contract is:

    1. A two-sided formal agreement between a parent and either the local education authority or the governing body of a school. 
    2. Parent agrees to comply with specified requirements (tailored to their situation) and Local Authority/governing body agrees to provide specified support (tailored to parents' needs) to enable parent to comply. 

    Contracts are voluntary arrangements and parents cannot be compelled to enter into one. There is no sanction for refusal to enter into a contract or breach of the contract's requirements, but if the Local Authority subsequently applies for a Parenting Order, refusal or breaches must be taken into account by the Court.

    It can be appropriate:

    1. In cases of irregular school attendance 
    2. Where a pupil has consistently misbehaved or is excluded from school (whether for a fixed period or permanently): in cases of exclusion from school, the appeals process must be completed before the parenting contract can be entered into 
    3. Where Local Authority/Governing Body considers that parenting is a factor in the child's non attendance/behaviour and where the parent is willing to accept support 
    4. Used by YOTs where a child is involved in criminal conduct and anti-social behaviour which allows a multi-agency approach with school, Local Authority and YOTs
  • Parenting OrderParenting Order

    Parenting Orders (Section 447 Education Act 1996/Section 36 Children Act1989) may be imposed if it will help prevent further pupil absence. The Order will require parents to attend counselling or guidance sessions for up to 3 months. 

  • Penalty NoticePenalty Notice

    Penalty Notices are issued when:

    • Pupil’s attendance in school is <90% and ten sessions (½ days) of absence or more as unauthorised for any period.
    • The parent(s) are considered capable of but unwilling to secure an improvement in child’s attendance.
    • If child is present in a public place during school hours during the first five days of being excluded without justifiable cause.

    Penalty Notice (Date Issued + 2 days = receipt)

    Paid within 28 days (£50) of receipt

    Paid within 42 days (£100) of receipt

    If not paid with 42 days must be prosecuted (under either section 444(1) of the 1996 Education Act or section 103(3) of the 2006 Education and Inspections Act) or withdrawn.

    Penalty notices are issued to Parents individually; i.e. if a Child has 2 Parents: Parent A and Parent B, then the Local Authority will need to issue a Penalty Notice to Parent A and a Penalty Notice to Parent B. Therefore, in total 2 Penalty Notices will need to be issued.  Each Parent is required to pay the £50 (if paid within 28 days) or £100 fine (if paid within 42 days), for example if Parent B doesn't pay (within 42 days) then Parent B can be prosecuted. If both Parents don't pay the fine then they will be prosecuted separately.

    Expand imageSchool Attendance Order (SAO)
    A SAO (Sections 437-443 Education Act 1996) gives a Local Authority powers to help it ensure that children attend school. The SAO is served on the parent of a child of compulsory school age where the parent fails to prove the child is receiving suitable education, and where the authority believes the child should attend school.

  • Suspended SentenceSuspended Sentence

    A custodial sentence which will not take effect unless there is a subsequent offence within a specified period