Supporting school attendance

School attendance: legal position

Parents or carers may be prosecuted under Section 444 of the Education Act 1996, if their child does not attend school regularly and the absence is unauthorised. The local authority may issue penalty notices to parents and carers as an alternative to taking legal action.

Importance of attending school

Improving school attendance is a key priority nationally and locally. Absence from school often: 

• affects pupil attainment levels
• disrupts school routines and learning of others

Missing school may cause a child to become vulnerable and could seriously affect future life outcomes. 

Using penalty notices

A penalty notice is an alternative to prosecution, which does not require an appearance in court to secure an improvement in school attendance. Payment of a penalty notice enables parents to discharge potential liability for conviction.

Under the national framework, all schools are required to consider a penalty notice when a child has missed 10 or more sessions (five days) for unauthorised reasons, within a rolling period of 10 school weeks.

Receiving a Notice to Improve

You will receive a Notice to Improve from the local authority that a penalty notice may be issued due to persistent absenteeism at school. This will give you 15 school days to improve attendance. However, you will not receive a warning from the local authority if your child has taken a holiday/leave during term time without the school’s permission.

There is no statutory right of appeal once a notice has been issued. However, you can make a representation to the school on receipt of a Notice to Improve from the local authority.

Penalty notice: costs

Penalty notices are issued by post to your home address.

In the first instance, payment within 21 days of receipt of a notice is £80, and £160 if paid after this but within 28 days. For a repeated offence, a second fine will be charged at the higher rate of £160.

Fines will be capped at two penalty notices within a period of three years. Once this limit has been reached, other action will be considered.

Paying a penalty notice

A penalty notice must be paid in full within 28 days of receipt of the notice. Details  of  payment  arrangements are included in the penalty notice letter. Payment must be made in full: payment in part or by instalment is not possible.

Non-payment of a penalty notice

After 28 days, the local authority is required, under the Education Act 1996, to consider proceedings in the magistrates court for the original school attendance offence.

If legal proceedings are begun and proven, you could be subject to fines of up to £2,500 and/or a range of actions. These include parenting orders or conditional discharge, and are dependant upon the circumstances of the unauthorised absence.

Prosecution for continued non-attendance  

You cannot be prosecuted for the period included in the penalty notice. Payment of the penalty notice ends your liability for this period. 

A prosecution maybe considered for further periods of poor attendance not covered by the penalty notice, depending upon the circumstances. If this is an issue, it is vital that you work closely with your child’s school and support services.

Support for non-attendance

It is very important that you consult and work with your child’s school regarding any problems
affecting regular school attendance.

Further information

Visit Legal action.

For information on local support services, visit:

• website: RBKC Family Information Hub
• email: [email protected]