Walsall Children's Services

Unauthorized absence from school and Truancy sweeps by Police and Education Welfare Service

Children of Compulsory school age, this covers children in the age range five to sixteen. A child must remain in education until the last Friday of June in the school year in which they attain the age of sixteen.

Does this apply to all children and young persons in that age range?

No. The child must be absent from school (including a pupil referral unit and an independent school) with out authority.

This will include where someone is excluded from school (fixed or permanent),going to medical appointments, off sick and the school has been notified, on a family holiday, a religious observance, study leave, approved out of school activities, interviews etc. The EWS will advise on what is a genuine authorized absence.

What if a child or young person is seen going into a house?

No. The child or young person must be in a public place when the power is exercised. This includes private premises to which the public have access - for example, shops, shopping centre, amusement arcades, but does not include private dwellings.

If a child or young person refuses details, can they be arrested

No. The power to take children to the designated premises is not a power of arrest or detention, nor does it make truancy a criminal offence. In order to arrest somebody who is refusing details under Section 25, there must be a substantive offence. The Home Office say that experience of previous truancy initiatives is that children generally cooperate when approached by Police Officers regarding their truancy from school.

If it’s not a power of arrest or detention, what power is it?

Although the power under Section 16 is not described as a power of arrest, the power must have in it, an inherent power to deprive the child of their liberty. It was expressed in Parliament in the following way.

‘The Police Officer would be entitled to use such reasonable force as was necessary in all the circumstances. The force would have to be proportionate to the child’s power and behavior. Resistance with violence would constitute an offence of assault and other powers would come into play The provision establishes a clear authority for Police action, without the disadvantage of criminalizing truancy.

Will pupils who have authority to be out of school have passes?

Contact has been made with the head teachers of all local schools with a request that pupils be issued with printed passes.

What happens if a child or young person who is truanting is with a parent?

Children are not to be taken from their parents. Details should be taken for follow up action be the EWS. Some parents will welcome the opportunity to speak to the EWS.

Why are we going on patrol in uniform - surely we would catch more truants if we were in plain clothes ?

There are child protection issues to consider. The public need to know that Police officers stopping young persons under the Act will be doing so only when in uniform In order to prevent pedophiles from using this as a method of abduction. Additionally, all Officers will carry with them a copy of the Superintendents Authority. This will prevent any disputes arising out of a perception that the Officers are not empowered to take the child or young person to the designated premises.

What will happen to the child or young person once that are taken to the designated premises ?

The EWS will make all the necessary enquiries into that person. All schools in the area are aware of Section 16 and have been instructed to have arrangements in place for the pastoral care of truants should the EWO decide to return a pupil to school.

If the schools have been informed of the truancy initiative will they have passed this information to the pupils?

The Schools have been given the date of the operation but not details of the catchments area.

What paperwork needs to be completed ?

A self-explanatory form, will be completed by the EWO for all persons stopped, regardless of whether or not they are taken to the designated premises.