Can I be fined for taking my child on holiday in term time?

Term-time holidays are the most common trigger for a penalty notice. Since the 2013 regulations a headteacher has no duty to grant leave for a holiday — absence can only be authorised in exceptional circumstances, and what counts is for the head to decide. Serious illness in the family, a one-off educational trip or a parent's work pattern in certain industries may be accepted; cost and availability generally are not. Always ask in writing before you travel, set out the circumstances, and keep the reply.

When a fine can be issued, and how much

The National Framework for Penalty Notices has standardised the rules across England since August 2024:

• The trigger is 10 or more sessions of unauthorised absence — five full days — within any 10 consecutive school weeks. Holiday days count towards that total alongside any other unauthorised absence.
• A first notice is £160, reduced to £80 if paid within 21 days.
• A second notice for the same child within three years is £160, with no early-payment discount.
• Notices go to each parent separately, for each child — so two parents and one holiday can mean £320, or £160 if both pay early.
• There is no third notice. Instead the council must consider prosecution.

The notice comes from the local authority, not the school, although the school reports the absence.

If a notice arrives

There is no formal appeal: you either pay in time or you do not, and non-payment is referred for prosecution under section 444 of the Education Act 1996. Section 444(1) carries a maximum fine of £1,000 and is a strict liability offence — unauthorised absence alone is enough to convict. Section 444(1A), where a parent knew about the absence and failed to ensure attendance, carries up to £2,500 and up to three months in prison. Defences include that the absence was authorised, the child was sick, or it was for religious observance.

Before it reaches that point, write to the council explaining why you believe the notice was issued incorrectly — some councils withdraw notices in exceptional circumstances. If the absence was down to illness, including a mental health condition, it should have been recorded as authorised: challenge the coding in writing with GP or CAMHS evidence. And if your child cannot attend regularly because of health, ask the council's education welfare team for a section 19 assessment, which can lead to alternative provision being arranged. Citizens Advice can advise at any stage.