Poor Attendance at School - Fixed Penalty Notices

Miss School - Miss Out

Tameside Council believe that any absence from school, for whatever reason, is detrimental to a child’s long term life opportunities, so should be avoided if at all possible. Reducing absence from school is a key priority, both nationally and locally, because missing school damages a pupil’s attainment levels, disrupts school routines and can leave a pupil vulnerable to anti-social behaviour and youth crime.

For these reasons, the powers given under Section 23 of the Anti-Social Behaviour Act, 2003, have been adopted by Tameside. This gives an additional strategy to be used as a sanction when parents do not fulfil their responsibility to ensure their children attend school regularly.

Your Questions Answered...

What does the Anti-Social Behaviour Act 2003 do?

Section 23 of the Act gives powers to the Local Education Authority and other designated bodies to issue Penalty Notices where a parent/carer is considered capable but unwilling to secure an improvement in their child’s attendance at school. These powers came into force on 27 th February 2004

What is a Penalty Notice?

Under existing legislation, parents/carers commit an offence if their child fails to attend school regularly, and the absences are classed as unauthorised. Such cases may result in a prosecution under Section 444 of the Education Act, 1996.

A Penalty Notice is an alternative to prosecution, which does not require an appearance in Court, whilst still securing an improvement in the pupil’s attendance.

What are the costs?

If payment is made within 28 days of receipt of a Notice the fine is £50, rising to £100 if paid after 28 days but before 42 days.

How are they issued?

By post to your home.

Is a Warning given?

Yes. You will receive a written warning of the possibility of a Notice being issued, which will tell you the extent of your child’s absences and give you 15 school days to effect an improvement. There is no limit to the number of formal warnings which can be issued.

Is there an appeal process?

There is no statutory right of appeal once a notice has been issued, but on receipt of a warning you can make representation should you wish to.

How do I pay?

Details of payment arrangements will be included on the Penalty Notice. Payment in part, or in instalments is not an option.

What happens if I do not pay?

You have up to 42 days from receipt of the Penalty Notice to pay in full. After this time, the Authority is required under the Act to commence proceedings in the Magistrates Court for the original offence, which is the poor attendance at school of your child. If proven, this can attract a fine of up to £2,500, or a range of disposals such as Parenting Orders or Community Sentences, depending on circumstances.

Can I be prosecuted if I pay the Penalty Notice but my child still does not attend school?

At the present time, the payment of the Penalty Notice means this period cannot be used in a future prosecution. However, a prosecution could be considered for further periods of absence not covered by the Notice.

Can I get help if my child is not attending regularly?

Yes. The Education Welfare Service and your child’s school will give you help and support if you are experiencing difficulty in ensuring your child attends school regularly.

Contact Information
Send us a Message	Education Welfare Service Tameside MBC Council Offices Wellington Road Ashton under Lyne Lancs OL6 6DL View local map
0161 342 2290/2294
0161 342 2299