12. Suspended or Excluded Pupils
12.1. If a penalty notice is in relation to a suspended or excluded pupil found unsupervised in a public place during school hours in the first 5 days of exclusion without good reason, a penalty issue may be issued following the same steps as in section 5.
12.2. If a penalty notice remains unpaid, a witness statement must be provided by an appropriate person who witnessed the excluded person in a public place during school hours. CCTV/photographic material may also be collected.
12.3. The above will be used as evidence in court should the penalty fine remain unpaid. The parent(s) will be prosecuted for an offence under Section 444 (1/1A) Education Act 2006 (excluded pupil stopped in a public place).
12.4. In cases where the child has attended a school in another local authority in the previous 3 years, an additional check will be carried out. Where the previous local authority area is known, Manchester City Council will make contact to check whether a penalty notice has been issued to that parent for that child in the previous 3 years. As per paragraph 4.1, a penalty notice cannot be issued to the parent of a child who has already received two penalty notices in the previous 3 years.