Section 23 of the Anti- Social Behaviour Act 2003 introduced amendments to Section 444 of the Education Act 1996 to empower designated LA officers, headteachers and deputy or assistant headteachers authorised by them, and the police to issue penalty notices (PNs) in cases of unauthorised absence from school. Penalty notices supplement the existing sanctions currently available under Section 444 of the Education Act 1996 to enforce attendance at school where appropriate.
Penalty notices are an effective tool as an alternative to prosecution under section 444. The offence that a penalty notice seeks to penalise parents for is a "failure of their child to attend regularly at the school where the child is a registered pupil" (section 444 Education Act 1996). Parents may discharge their potential liability for conviction for an offence under section 444 by paying a penalty. Attendance (statutory functions), Child Employment/Entertainment & Elective Home Education/Children Missing Education (ACE) will be responsible for the issuing of all penalty notices on behalf of the local authorities.
There is no statutory right of appeal against the issue of a penalty notice.
Relevant legislation
Education Act (1996), Section 444 as amended by the Anti-Social Behaviour Act (2003).
Regulations:
- Education (Penalty Notice) (England) Regulations (2007)
- The Education (Penalty Notices) (England) (Amendments) Regulations 2012
- Education (Penalty Notices) (England) (Amendments) Regulations 2013
Relevant guidance
DCSF Guidance on Education Related Parenting Contracts, Parenting Orders and Penalty Notices (September 2007).
Policy/code
Code of Conduct for Penalty Notices revised September 2013.