School Attendance - Fixed Penalty Notice

Overview

Penalty Notices are fixed penalty fines which can be issued to parents and carers in relation to unauthorised absence of their children from school.

Penalty Notices can be issued as a result of unauthorised absence from school. This can include absences for the purpose of leisure and recreation (for example a holiday in term time). Penalty Notices are also used to address patterns of poor attendance including late arrival at school after the close of registration. In those cases, a Penalty Notice will normally only be issued if further unauthorised absences have occurred after the parent/carer has been served with a formal Notice to Improve.

When Penalty Notices can be issued

Penalty Notices can be issued if there are at least 10 sessions of unauthorised absence in a 10-school week period. This is the equivalent of 5 school days missed, as there are 2 registration sessions every day.

How Penalty Notices are issued

In accordance with the Penalty Notices Code of Conduct, we send all school attendance Notices to Improve and Penalty Notices by first class post to each parent/carer at their usual or last known address.

Appeal Process

There is no right to appeal a Penalty Notice once issued. A Penalty Notice can only be withdrawn in the following circumstances:

• The Penalty Notice has been issued to the wrong person
• The Penalty Notice has been issued incorrectly, as no offence has been committed i.e.: the absence was authorised by school 
• You may feel you have a good reason for removing your child from school, but this would be considered a mitigating circumstance. Instead of paying the Penalty Notice you may elect to have your case heard in the Magistrates’ Court where you will have the opportunity to share this information.

Cost of Penalty Notices

Penalty Notices are normally issued to each parent/carer by post. You must make payment to the council.

The amount of the fine depends on whether any previous Penalty Notices have been issued to the parent/carer for the same child for unauthorised absences which took place after 19 August 2024, but within a period of 3 years from the current fine.

If this is the first such Penalty Notice, the fine is:

• £80 if paid within 21 days
• £160 if paid between 22 and 28 days

If this is the second Penalty Notice you've received, the fine is at a single rate of £160, payable within 28 days.

If third or subsequent offences occur within a rolling 3-year period, the council will not issue a further Penalty Notice. Instead, you're likely to face prosecution in the Magistrates’ court.

Parental Responsibility

Section 576 of the Education Act 1996 defines 'parent' as

• all natural parents, whether they are married or not   
• any person who, although not a natural parent, has parental responsibility for a child or young person   
• any person who, although not a natural parent, has care of a child or young person (having care of a child or young person means that a person with whom the child lives and who looks after the child, irrespective of what their relationship is with the child, is considered to be a parent in education law). 

Penalty Notices are issued per parent per child as both parents have a legal responsibility to ensure regular school attendance, whether residing together or not.

Available Support

School can be contacted directly if you need support to improve your child’s attendance. School can signpost to services, make referrals where applicable and offer you an Early Help Assessment.

Pay online

You can pay for a Penalty Notice online via the link below:

Pay a Penalty Notice

What happens if you do not pay a Penalty Notice

Penalty Notices give parents and carers the opportunity to avoid prosecution for school non-attendance offences by paying a fine.

Please note

If payment in full is not received in 28 days, the parent/carer will be prosecuted under section 444(1) of the Education Act 1996 for failing to ensure the regular school attendance of a registered pupil of compulsory school age.