School attendance

If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school, his / her parent or carer is guilty of an offence under s.444 (1) Education Act 1996.

Penalty notices are issued when a child misses school without permission. This includes:

• parentally condoned absence
• absence in term-time, which has not been authorised by the school
• continuous lateness, after the register has closed
• delayed return from absence
• being in a public place during school hours without permission

Penalty notices can be issued to:

• all biological parents, whether they are married or not
• any person who has parental responsibility for child or young person (including non biological parents)
• any person who has care of a child or young person (including non biological parents)

Pay a fixed penalty

Penalty notices for unauthorised absences before 19 August 2024

Penalty notices issued relating to absences before 19 August 2024, will be £120 within 28 days of issue, discounted to £60 if paid within 21 days of issue.

Those who do not pay the full amount within 28 days are prosecuted in the Magistrates Court.

Penalty notices for unauthorised absences after 19 August 2024

From 19 August 2024, a maximum of 2 penalty notices will be allowed within a 3-year period. This begins from the date of the first penalty notice.

Penalty Notices may be issued to each parent / carer, for each child who has unauthorised absences that meets the criteria of 10 unauthorised sessions (equal to 5 school days) in a 10 week period. For example, 3 children record 10 unauthorised absences in a 10 week period  may result in each parent / carer being issued with 3 separate Penalty Notices.

First offence

Penalty Notice 1 will be issued at £160 if paid within 28 days of issue, discounted to £80 if paid within 21 days of issue. Those who do not pay the Penalty Notice within 28 days may be prosecuted in the Magistrate's Court.

Second offence

Penalty Notice 2 will be issued at £160 if paid withing 28 days of issue, there is no discounted rate if paid within 21 days of issue. Those who do not pay the Penalty Notice within 28 days may be prosecuted in the Magistrate's Court.

Third offence

If a third offence is committed within a 3 year period you may be presented to the Magistrates Court. Prosecution can result in a criminal record and fines of up to £2,500. This can show on your DBS certificate.

For more information, see the Code of conduct for education related penalty notices.