Penalty Notices for unauthorised leave of absence
The Education Penalty Notices England Regulations 2024 bring some important changes to issuing penalty notices for absences taken after 19 August 2024.
Under section 444 of the Education Act 1996, it outlines the legal responsibilities on parents to ensure their children attend school on a regular basis. Failure to do so is a legal offence and either a penalty notice may be issued or prosecution in the Magistrates Court. Parents/carers may be issued with a penalty notice in relation to their child’s unauthorised absence at school. It is the decision of the schools as to whether absences are authorised, though they are expected to follow Department for Education (DfE) guidance. Fines are issued per parent, per child. Each fine is £80 if paid within the first 21 days, with a further 7 days to pay the fine at £160. Failing to pay the penalty notice may result in the matter being taken to the Magistrates Court for the original offence of failing to secure your child’s regular attendance at school. Parents/carers should be aware there is no right of appeal for a penalty notice that has been issued. If you believe the fine was issued in error, please contact the school to discuss your concern regarding the authorisation of the absence.
The amount payable for penalty notices has increased from £60 to £80 per notice if paid within 21 days. If paid between 21 and 28 days, the amount payable has risen from £120 to £160 per notice.
If a parent/carer has incurred a penalty notice for the same child since 19 August 2024, the rolling three year period will be activated from the date of the first penalty notice and the second penalty notice will be charged at the flat rate of £160, per notice. There will be no reduction for paying within 21 days.
Where a parent(s)/carer(s) has incurred two penalty notices for the same child within that rolling three year period, the parent(s)/carer(s) cannot receive a further penalty notice and The London Borough of Bromley will consider a prosecution under 444(1) of The Education Act 1996.
Failing to pay the penalty notice may result in the matter being taken to the Magistrates Court for the original offence of failing to secure your child’s regular attendance at school. Parent(s)/carer(s) should be aware there is no right of appeal for a penalty notice that has been issued. If you believe the fine was issued in error, please contact the school to discuss your concern regarding the authorisation of the absence.
| Scenario | Counts towards the limit? |
|---|---|
| Penalty notice issued by any authorised officer and paid within 21 days | Yes |
| Penalty notice issued by any authorised officer and paid within 28 days | Yes |
| Penalty notice issued by any authorised officer but later withdrawn | No |
| Penalty notice issued by any authorised officer. The penalty notice was not paid and the local authority prosecuted for the original offence but the Court found the parent not guilty. | No |
| Penalty notice issued by any authorised officer. The penalty notice was not paid and the local authority prosecuted for the original offence and the Court found the parent guilty. | Yes |
Penalty Notices can be issued for:
Unauthorised absence of 5 days (10 sessions over 10 school weeks)
When a pupil has been recorded as absent for 10 sessions (usually equivalent to 5 school days) within 10 school weeks, with one of, or a combination of the following codes:
- code G (the pupil is absent without leave for the purpose of a holiday)
- code O (unauthorised absence)
- code U (the pupil attended late after the registers closed)
Notifying a school of the reason for your child’s absences does not ensure authorisation of the absence. If you are unsure as to why absences have not been authorised, you will need to speak to the school directly.
Unauthorised absence of 5 days (10 sessions) for the purpose of a holiday.
It is expected that holidays will be taken during school holidays, whilst cheaper prices may be tempting to families, absences during term time, disrupt not only your child’s learning it may also impact other students in the class. Parents can request leave in exceptional circumstances and each case will be considered by the Head Teacher on an individual basis. Should the leave not be granted, or a holiday taken without permission, parents may be issued with a penalty notice.
Parents/carers should be aware there is no right of appeal for a penalty notice that has been issued. If you believe the fine was issued in error, please contact the school to discuss your concern regarding the authorisation of the absence.
Notice to Improve
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 (at least 10 unauthorised sessions in 10 school weeks) and support is appropriate, however offers of support have not been engaged with by the parent(s)/carer(s) or have not worked.
A Notice to Improve letter from the local authority to parent(s)/carer(s) will give 15 school days for attendance to improve. Penalty notice being issued, or prosecution considered if improvement is not secured within the improvement period (15 school days).
*Penalty Notices can also be applied for by schools and agencies (for example the police) for pupils being in a public place when suspended/excluded from school.
Make a payment, if you have been issued with PN (Penalty Notices)
Apply for a penalty notice or Notice to Improve Letter if you are a school.