Penalty notices for school non-attendance

Penalty notices are issued to parents as an alternative to prosecution for irregular school attendance under Section 444 of the Education Act 1996.

This is where they have failed to ensure that their child of compulsory school age regularly attends the school where they are registered or, in certain cases, at a place where alternative provision is provided.

If a parent knows that their child is failing to attend school regularly and there is reasonable justification for not ensuring that their child attends then it is for the parent or carers to prove that reasonable justification.

Term time absences

You have to get permission from the headteacher if you want to take your child out of school during term time. You can be fined for taking your child on holiday during term time without permission from the head teacher of the school.

You can only take your child out of school in term time if:

• you make an application to the headteacher in advance (as a parent the child normally lives with)
• there are exceptional circumstances

It is up to the headteacher how many days your child can be away from school if leave is granted.

Further penalty notice information - how they are issued and who issues them

A penalty notice (PN) is an alternative to prosecution and requires the parent(s) to pay a fixed amount as a fine for their child’s irregular attendance at school. It is issued per parent, per child.

In Northamptonshire, we issue them through the School Attendance Support Service following notification from the school.

They are used when:

• a pupil has a minimum of 10 school sessions recorded as unauthorised in a 10 school week period (a school day is 2 sessions - morning and afternoon) or
• a pupil has a series of unauthorised absences leading to irregular attendance

This includes:

• absence marked in the register as unauthorised
• persistent late arrival at school after the register has been taken and is recorded as an unauthorised absence
• absence in term time which has not been authorised by the head teacher - the Government has directed that head teachers may only grant leave in exceptional circumstances

PNs can also be used during the first 5 days of exclusion. Parents are made aware of the consequences by letter when a child is excluded from school.

Notice to Improve 

Following the release of the government’s Working Together to Improve Attendance guidance. West Northamptonshire Council will be introducing the Notice to Improve document. 

A Notice to Improve is a final opportunity for a parent to engage in support and improve attendance before a penalty notice is issued. 

If the national threshold has been met and support is appropriate but offers of support have not been engaged with by the parent or have not worked, a Notice to Improve may be issued to give parents a final chance to engage in support. 

The length of the period of improvement will be 4 school weeks. What sufficient improvement will look like will be decided on a case-by-case basis considering a child and family’s circumstances.

A Notice to Improve does not need to be issued in cases where support is not appropriate and an authorised officer can choose not to use one in any case. This includes cases where support is appropriate but they do not expect a Notice to Improve would have any behavioural impact. 

A Notice to Improve is not appropriate in cases where a term time absence has been taken. 

National Framework for Penalty Notices

With the introduction of the new National Framework for Penalty Notices issued by DfE, the following changes will come into force for School Penalty Notice Fines issued after 19 August 2024.

National Threshold

There will be a single consistent national threshold for when a penalty notice must be considered by all schools in England of 10 sessions (a school day is 2 sessions - morning and afternoon) of unauthorised absence within a rolling 10 school week period. 

These sessions do not have to be consecutive and can be made up of a combination of any type of unauthorised absence. The 10-school week period can span different terms or school years.

First Offence

The first time a Penalty Notice is issued for unauthorised absence the amount will be: £80 per parent, per child if paid within 21 days. Increasing to £160 per parent, per child if paid within 28 days. Any non-payment of the Penalty Notice may be referred to the Magistrates Court

Second Offence (within 3 years)

The second time a Penalty Notice is issued for unauthorised absence the amount will be: £160 per parent, per child paid within 28 days. Any non-payment of the Penalty Notice may be referred to the Magistrates Court

Third Offence and Any Further Offences (within 3 years)

The third time an offence is committed a Penalty Notice will not be issued and the case could be presented straight to the Magistrate’s Court. 

Prosecution under s444 (1) Education Act 1996, where if convicted you may be fined up to £1,000. Prosecution under s444 (1) (a) Education Act 1996 where if convicted you may be fined up to £2,500 and/or 3 months’ imprisonment.

Per parent, per child 

Penalty Notice Fines are issued to each parent, for each child that was absent. For example: 3 siblings absent for term time leave, would result in each parent receiving 3 separate fines.

Definition of a parent

Section 576 of the Education Act 1996 defines "parent" as: 

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

Pay a penalty notice

You can pay by credit or debit card using our online payment form:

Payment is acceptance of liability. You must enter each penalty notice number individually if paying more than one penalty charge. We do not accept payment in instalments.

There is no right of appeal.

If we do not receive payment within 28 days from the issue of the penalty notice you may be prosecuted for the offence of irregular attendance and could be subject to a fine of up to £1,000 under s444 (1) and £2,500 and/or 3 months’ imprisonment Under S444 (1) (a).

You cannot be prosecuted for the period of absence discharged through a penalty notice. You may subsequently be prosecuted for further periods of unauthorised absence from school. Each case is considered on an individual basis.

Further information on the National Framework can be found within Working Together to Improve Attendance 2024. The National Framework comes into effect from 19 August 2024. 

Last updated 16 September 2024