What is a Penalty Notice?
A Penalty Notice is a financial penalty issued to a parent as an alternative to prosecution where they have failed to ensure the regular attendance of their child at school or alternative provision.
Penalty Notices are issued in accordance with the Education Act 1996, the national Penalty Notice framework introduced in August 2024, and Sutton’s Penalty Notice Code of Conduct.
A Penalty Notice may be issued to each parent liable for the offence. Payment of the Penalty Notice discharges liability for the period of absence covered by the notice.
Circumstances Where a Penalty Notice May Be Issued
A Penalty Notice may be considered where there is evidence of unauthorised absence and the relevant threshold within Sutton’s Penalty Notice Code of Conduct has been met.
Unauthorised Leave of Absence (Term-Time Holidays)
A Penalty Notice may be requested where a child is absent from school due to a holiday or other leave taken during term time that has not been authorised by the Headteacher.
Schools should ensure that:
- Leave requests have been considered in line with statutory guidance and the school’s attendance policy.
- Parents have been informed of the likely consequences of taking unauthorised leave during term time.
- Accurate attendance records are maintained detailing the period of absence.
- A referral is submitted to Cognus with the required supporting evidence.
Unauthorised term-time leave is one of the most common reasons for a Penalty Notice request and does not normally require a Notice to Improve before a Penalty Notice is considered.
Access the referral form here:
Persistent Unauthorised Absence
A Penalty Notice may be considered where a child has accumulated 10 sessions (5 school days) of unauthorised absence within a rolling 10-school-week period, and the absence has not improved despite support and intervention.
Penalty Notices form part of Sutton’s Attendance Graduated Response and should not replace early intervention and support. Before requesting a Penalty Notice, schools should demonstrate that they have:
- Identified attendance concerns at an early stage.
- Worked with the child and family to understand any barriers to attendance.
- Offered appropriate support and intervention.
- Followed the Attendance Graduated Response.
- Maintained clear records of actions taken and communications with parents.
In most cases, a Notice to Improve will be considered before a Penalty Notice is issued, providing parents with an opportunity to improve attendance and engage with support.
Access the referral form here:
Persistent Lateness
Where a child repeatedly arrives at school after the register has closed, these sessions may be recordedWhere a child repeatedly arrives at school after the register has closed, these sessions may be recorded as unauthorised absences and contribute towards the threshold for a Penalty Notice.
Persistent lateness can have a significant impact on a child’s education and attendance record. Schools should work with families to understand the reasons for lateness and provide appropriate support and intervention before considering legal action.
Penalty Notices form part of Sutton’s Attendance Graduated Response and should not replace early intervention and support. Before requesting a Penalty Notice, schools should ensure that:
- Parents have been made aware of concerns regarding their child’s punctuality.
- Appropriate support and interventions have been offered.
- Lateness has been accurately recorded and monitored.
- The threshold for unauthorised absence has been met.
Where persistent lateness continues despite support and intervention, a Notice to Improve may be issued before a Penalty Notice is considered. A Penalty Notice may then be issued in accordance with Sutton’s Penalty Notice Code of Conduct.
Access the referral form here:
Exclusions (Suspensions)
A Penalty Notice may also be issued where a parent fails to ensure that their child is not present in a public place during the first five school days of a suspension or permanent exclusion, without reasonable justification.
Parents have a legal duty to supervise their child during this period and must ensure they are not found in a public place during school hours unless there is a reasonable justification for their presence.
Unlike attendance-related Penalty Notices, Penalty Notices issued following a suspension or permanent exclusion fall outside the National Framework for Penalty Notices introduced in August 2024. These cases continue to be considered under the relevant provisions of the Education Act 1996 and local authority procedures.
Schools should:
- Ensure parents are informed of their legal responsibilities at the point a suspension or permanent exclusion is issued.
- Include the required information regarding supervision during the first five school days within suspension or exclusion notification letters.
- Retain copies of all suspension or exclusion correspondence.
- Notify Cognus where there is evidence that a child has been present in a public place during the exclusion period without reasonable justification.
- Provide supporting evidence to assist the local authority in considering whether a Penalty Notice is appropriate.
Schools wishing to request a Penalty Notice following a suspension or permanent exclusion should complete the relevant referral form and submit it to the Cognus Attendance Support Team.
Access the referral form here:
School Responsibilities
A Penalty Notice should always be viewed as part of a wider strategy to improve attendance rather than as a standalone intervention. Supporting evidence must be provided before a Penalty Notice can be considered, schools requesting a Penalty Notice should:
- Ensure attendance records are accurate and up to date.
- Apply registration and absence codes correctly.
- Keep clear records of interventions and support offered.
- Maintain evidence of communication with parents.
- Submit all required documentation in accordance with Sutton’s Penalty Notice Code of Conduct.
- Liaise with the Cognus Attendance Support Team where advice is required.
Penalty Notice Charges
Under the national framework:
- The first Penalty Notice issued to a parent in respect of the same child is charged at £160, reduced to £80 if paid within 21 days.
- A second Penalty Notice issued to the same parent in respect of the same child is charged at £160, payable within 28 days.
- A third Penalty Notice cannot be issued to the same parent for the same child within a three-year period. Where thresholds are met again, alternative legal intervention may be considered, including prosecution through the Magistrates’ Court.
Withdrawal of a Penalty Notice
In accordance with Sutton’s Penalty Notice Code of Conduct, a Penalty Notice may be withdrawn where:
- It has been issued to the wrong person.
- It has been issued in error.
- It ought not to have been issued in the circumstances of the case.
- It contains a material error.
- The Local Authority determines that withdrawal is appropriate for another reason.
Where a Penalty Notice is withdrawn, parents will be notified in writing. The withdrawal of a Penalty Notice does not prevent the Local Authority from considering alternative enforcement action where appropriate.
Further Information
For advice regarding Penalty Notices, please contact the Cognus Attendance Support Team:
📞 020 8323 0461
✉️ attendance@cognus.org.uk