A penalty notice for school attendance is typically issued when a child has multiple unauthorized absences, usually exceeding 10 sessions in a 10-week period. This can include unauthorized leave of absence, like holidays taken during term time, or parentally condoned absence where the parent is not actively addressing attendance issues.
Penalty notices are fines of £80/£160 imposed on parents. They are an alternative to the prosecution of parents for failing to ensure that their child of compulsory school age regularly attends the school where they are registered or at a place where alternative provision is provided.
A penalty notice may be issued to each parent of each child liable for the offence or offences.
Penalty Notice Code of Conduct (August 2024)
Reasons for a Penalty Notice:
Unauthorised absences:
This is the most common reason, including taking holidays during term time without prior approval from the school, or failing to return to school after a term-time holiday.
Parentally condoned absence:
When a parent is capable of ensuring their child’s attendance but is not doing so, for example, not engaging with support measures or failing to address attendance issues.
Persistent lateness:
Arriving at school after the register has closed repeatedly can also lead to a penalty notice.
Failure to provide explanations:
If a parent consistently fails to provide a valid reason for their child’s absence in accordance with the school’s procedures, a penalty notice may be issued.
Pattern of poor attendance:
If a child has a history of unauthorised absences that appear to have been avoidable, or if a pattern of poor attendance develops during their final year of compulsory education, a penalty notice may be issued.
Important points to remember:
Warning letters:
In many cases, parents will receive a warning letter before a penalty notice is issued, allowing them to address the attendance issues.
There is no statutory right of appeal against a penalty notice.
Payments:
The first penalty notice issued to a parent in respect of a particular pupil will be charged at £160 if paid within 28 days. This will be reduced to £80 if paid within 21 days.
A second penalty notice issued to the same parent in respect of the same pupil is charged at a flat rate of £160 if paid within 28 days.
A Third Penalty Notice cannot be issued to the same parent in respect of the same child within 3 years of the date of issue of the first. If the threshold is met for a third or subsequent times within 3 years, alternative legal intervention will be taken, this may include cases being presented straight to a Magistrates’ Court.
Consequences of non-payment:
If the penalty notice is not paid, legal proceedings may be initiated. Payment of a Penalty Notice discharges the parent/carer liability for the period in question and they cannot subsequently be prosecuted under other enforcement powers for the period covered by the Penalty Notice.
For further information, please also see our current Penalty Notice Leaflet we send to all parents who are issued a Fine or a Warning Letter from the Local Authority.
To read more on Penalty Notice’s please see the DfE’s Educational Hub blog post which also explains the upcoming changes in August 2024 with the National framework around Penalty Notice’s.