Penalty notices
Under section 444 of the Education Act 1996, it outlines the legal responsibilities on parents to ensure their children attend school on a regular basis. Failure to do so is a legal offence and either a penalty notice may be issued or prosecution in the Magistrates Court. Parents/carers may be issued with a penalty notice in relation to their child’s unauthorised absence at school. It is the decision of the schools as to whether absences are authorised, though they are expected to follow Department for Education (DfE) guidance. Fines are issued per parent, per child. Each fine is £60 if paid within the first 21 days, with a further 7 days to pay the fine at £120. Failing to pay the penalty notice may result in the matter being taken to the Magistrates Court for the original offence of failing to secure your child’s regular attendance at school. Parents/carers should be aware there is no right of appeal for a penalty notice that has been issued. If you believe the fine was issued in error, please contact the school to discuss your concern regarding the authorisation of the absence.
The issuing of penalty notices falls under two categories:
Unauthorised absence
A penalty notice may be issued where a child has irregular attendance at school which has been unauthorised, this may consist of unauthorised late arrival to school (a U code in the register) in addition to whole days missed. The U code means your child has arrived after the school register has closed, this counts statistically as a half day unauthorised absence. Notifying a school of the reason for your child’s absences does not ensure authorisation of the absence. If you are unsure as to why absences have not been authorised, you will need to speak to the school directly.
Before receiving a penalty notice you will receive a warning letter from the local authority notifying you of the concern and the EWS’ concern regarding your child’s attendance and providing you with an opportunity to improve the attendance of your child before the penalty notice is issued.
Unauthorised leave of absence
It is expected that holidays will be taken during school holidays, whilst cheaper prices may be tempting to families, absences during term time, disrupt not only your child’s learning it may also impact other students in the class. Parents can request leave in exceptional circumstances and each case will be considered by the Head Teacher on an individual basis. Should the leave not be granted, or a holiday taken without permission, parents may be issued with a penalty notice
Make a payment, if you have been issued with PN (Penalty Notices)