School Penalty Notices
If your child is absent and you haven’t received advance permission from the headteacher to take your child out of school, the school and local council may take action.
Before that, and where appropriate, your child’s school and your local council are expected to support you to improve the child’s attendance before any measures are put in place. This will not always be possible when the time away from school is for example for a holiday or to visit family.
Where the school and the local authority agree it is the most appropriate action a fixed penalty notice, otherwise known as a ‘fine’ will be issued to each per with parental responsibility, which includes day to day care, for your child. If the fine is not pay the fine after 28 days you may be prosecuted for your child’s absence from school.
The law for penalty notices changes on 19th August 2024, for offences (absences that require a penalty notice) the previous legislation will apply. For offences under the previous legislation see our Code of Conduct September 2023.
What is a fixed penalty notice?
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.
Penalty notices can be used where the pupil's absence has not been authorised by the school.
A penalty notice is an out of court settlement which is intended to change parental behaviour without the need for a criminal prosecution. 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.
The Department for Education’s key aims for the introduction of a national framework for all schools In England.
- Make penalty notices more effective by ensuring they are only used in cases where they are the most appropriate tool to change parental behaviour and improve attendance.
- Prioritise the support first approach by expecting support to be used in cases where it is appropriate and using penalty notices in cases where support is not appropriate (e.g. a term time holiday) has not worked or has not been engaged with.
- Improve consistency in the use of penalty notices across England by introducing a new national threshold at which they are considered.
- Improve the deterrent effect of a penalty notice by increasing the amount and introducing a new national limit of 2 penalty notices within a 3 year period to break cycles of repeat offending.
Key points of the law.
- Penalty Notices fines will be issued to each parent, for each child that was absent with authorisation. Example: 3 siblings absent during term time, will result in each parent receiving 3 separate fines.
- A Penalty Notice must be considered by all schools in England for: unauthorised absence during a 10 school week period.
- 5 consecutive days (10 sessions) - one after the other.
- 10 non consecutive sessions - not one after the other.
Note: The 10 school week period can go across different school term or school years.
First Offence
The first time a Penalty Notice issued (after 19 August 2024) for unauthorised absence the amount will be:
£160 per parent, per child if paid within 28 calendar days.
Discounted to £80 per parent, per child if paid within 21 calendar days.
Second Offence (within 3 years)
The second time a Penalty Notice issued for unauthorised absence the amount will be:
£160 per parent, per child if paid within 28 calendar days.
No discount for paying within 21 calendar days.
Third and Any Further Offences
The third time an offence is committed a Penalty Notice will not be issued.
The case will instead be presented straight to the Magistrate’s Court.
Prosecution can result in a criminal record a fine of up to £2,500.
Cases found guilty in Magistrate’s Court can show on the parent’s future DBS certificate due to ‘failure to safeguard a child’s education.
How will schools monitor absences?
All schools in England will continue to closely monitor the non-attendance of all pupils weekly but now they will also be checking to see if any pupil has met the requirements for a penalty notice.
Where the 10 session absence level has been met, the school will work in partnership with the local authority, to determine if a penalty notice is most appropriate action to take for that child.
Payments
Payment of a Penalty notice must be for the full amount due £80/£160, lesser payment cannot be accepted.
The law does not permit payment plans as the payment times are time bound.
Where a parent makes a payment below the amount due, the payment will be refunded to them and the penalty notice will be processed as unpaid.
Unless withdrawn, non-payment of a penalty notice will trigger the prosecution process under the provisions of Section 444 Education Act 1996.
Where the non-payment results in the prosecution process being initiated, the parent is being prosecuted for the offence to which the penalty notice relates and not for the non-payment of the penalty notice.
If a penalty notice is not paid in full by the specified dates, the London Borough of Newham can proceed to prosecution instead of proceeding with the penalty notice.
Note: The London Borough of Newham can also prosecute parents for non-attendance without issuing a penalty notice.
Is there a right of appeal against a penalty notice?
No, there is no statutory right of appeal against the decision to issue a penalty notice.
The authority to authorise absence and penalty notices sits with the head teacher or principal of education establishment.
The Education (Pupil Registration) (England) Regulations does not permit head teachers to give authorisation for absence retrospectively meaning they cannot backdate a decision.
Challenging the school’s decision.
Although there is no statutory right of appeal, a parent can contact the school direct to provide evidence to support the reason for their child’s absence from school during the period specified in the penalty notice.
If the head teacher upholds the parents challenge they will request the local authority to withdraw (cancel) the penalty notice meaning payment will not be required.
Challenging the accuracy of the information on the penalty notice.
London Borough of Newham officers will examine any written evidence (email or letter), from the parent or the school, that includes evidence that supports that an actual error (mistake) had been made with the information included on the penalty notice.
The local authority are not permitted to review the head teacher’s decision that resulted in a penalty notice being issued (see notes below).
Important Note: Officers at London Borough of Newham cannot overturn:
- Any decision made by the head teacher regarding authorisation of leave during term time, or
- A registration mark (code – see appendix 2).
Our Code of Conduct
The law requires that every local authority develops a local Code of Conduct, that provides details information about how penalty notices are administered in the local area.
