Decision

That the Director of
Children’s Services delegates the authority to certify that
the payment of Penalty Notices, under Section 444B of the Education
Act 1996 and Regulation 6(2) of the Education (Penalty Notices)
(England) Regulations 2007, has not been made to the Service
Manager Education Welfare. 
 
Legal Framework
Overview 
 
3d Part 3 Paragraph 8a of the
constitution provides for the Executive Director Children’s
Services, ‘to exercise the functions of the Council in
respect of the provision of personal social care for children and
young people, education and schools and wider children’s
services arrangements under the following legislation:- Education
Act 1996.’ 
 
Section 444A and Section
444B of the Education Act 1996 
 
Section 444A of the Act
empowers local authorities to issue penalty notices for offences
under Section 444(1) of the Act (failure to secure regular
attendance at school of registered pupil). Section 444B of the Act
allows for regulations to be made concerning the administration of
penalty notices 
 
Regulation 6(2) of Education
(Penalty Notices) (England) Regulations 2007 
 
This regulation specifically
states that: 
A certificate purporting to be
signed by the proper officer of a local education authority to the
effect that the recipient of a penalty notice has or has not paid
the amount due on or before a date stated in the certificate is
admissible in evidence in any legal proceedings and is evidence of
the matters stated in it. 
This certificate is crucial in
court proceedings where non-payment of a penalty notice leads to
prosecution. 
 
Definition of "Proper
Officer" and Delegation 
 
The?proper officer?is
typically the?Director of Children’s Services, as per
statutory guidance. However,?delegation of this authority?is
permissible under local governance arrangements. 

 Barnsley
Council has chosen to delegate this function to the Service Manager
Education Welfare Service. 

This delegation
allows the Service Manager to?certify non-payment?of penalty
notices, which is a key step in initiating legal
proceedings. 

 

Reasons for the decision

It is much more appropriate
that rather than the Director of Children’s Services checking
and signing a certificate, that the Service Manager, Education
Welfare Service who has access to the payment system and has
oversight of the Penalty Notice procedure, be the person that
checks and signs to confirm the payment system has been inspected
and payment has not been made by the parent. This certificate can
then be used as evidence in court. 
 
Authority 
 
Under 3d PART III –
Responsibility for Executive Functions – Officer Delegations
of the Constitution, Paragraph 12 states ‘For the avoidance
of doubt, where a power or duty or authority is exercisable by an
officer within these Delegations, that officer is hereby given
authority to further delegate any such power, duty or authority to
any other officer they may nominate, in the interests of the
Council or for the better performance of any such power, duty or
authority.’ 
 

Alternative options considered

To continue to use the current
delegation, which would involve the Director of Children’s
Services checking and signing to confirm, in each case, that
payment of a penalty notice has not been made by parent(s). This is
considered time consuming and has an increased risk of GDPR
breaches due to increased data sharing.