School Attendance and Fines

School attendance penalty notices (fixed penalty notices) are issued by local authorities as an alternative to prosecution. Since August 2024, the government introduced a National Framework for Penalty Notices, standardising rules across England:

• The trigger for issuing a notice is 10 or more sessions of unauthorised absence (5 full days) within any 10 consecutive school weeks.
• Notices are issued to each parent/carer separately — so both parents in a two-parent household may each receive a notice per child.
• First notice: £160, reduced to £80 if paid within 21 days.
• Second notice for the same child within 3 years: £160, with no early payment discount.
• A third notice cannot be issued — instead, the LA must consider prosecution.

The penalty notice is issued by the local authority, not by the school directly, though the school reports absences to the LA.

Holiday absence during term time is one of the most common reasons penalty notices are issued. Since the 2013 regulations, headteachers are no longer required to grant any absence for holidays — they can only authorise absence in "exceptional circumstances."

What this means in practice:

• Most term-time holidays will be recorded as unauthorised absence.
• If you accumulate 10 or more sessions of unauthorised absence (including holiday days), the local authority may issue a penalty notice.
• Always request authorisation in writing before you travel, explaining the circumstances. Keep a copy of any response.
• What counts as "exceptional" is for the headteacher to determine — it is not just about cost or availability. Serious illness in the family, a one-off educational trip, or a parent's work pattern in certain industries may be accepted.

If a penalty notice is not paid, or if this is a third occurrence, the local authority may prosecute parents under Section 444 of the Education Act 1996. There are two levels:

• Section 444(1): The child fails to attend school regularly. Maximum fine: £1,000. This is a strict liability offence — the absence itself, if unauthorised, is sufficient for conviction.
• Section 444(1A): The parent knew about the absence and failed to ensure attendance. Maximum fine: £2,500 and/or up to 3 months in prison.

Defences include: the school was not registered for the child, the absence was authorised, the child was sick, the absence was for religious observance, or there were other lawful reasons. If you are facing prosecution, seek legal advice immediately from Citizens Advice or a solicitor.

Certain situations are automatically lawful absences and should not lead to penalty notices:

• Illness — though schools may ask for evidence (e.g., a GP letter) for prolonged absences
• Religious observance on a recognised religious day
• Medical or dental appointments (try to book these out of school hours where possible)
• Authorised study leave (for older students during exam periods)
• Traveller families exercising their traditional way of life (if the child is registered at a school)

Children with complex medical needs or mental health conditions who cannot attend school regularly may be entitled to alternative provision arranged by the local authority (under Section 19 of the Education Act 1996). If your child has chronic health-related absence, contact your council's education welfare team and request a Section 19 assessment.