School absences - term-time leave and penalty notices
Under Section 444 of the Education Act 1996, parents/carers commit an offence if a child of compulsory school age (five years up to 16) fails to attend regularly, and the absences are unauthorised by the school.
The Anti-Social Behaviour Act 2003 and the Education (Penalty Notices) (England) (Amendment) Regulations 2024 allows local authorities to issue penalty notices as an alternative to prosecution.
A penalty notice does not require appearance in court, whilst seeking to secure improvement in a pupil’s attendance. A notice may be served where a parent is capable of securing their child’s attendance but is failing to do so.
A penalty notice fine must be considered by schools where a pupil misses 10 sessions (the equivalent of 5 school days) within a 10-week period. The absence period may involve any and all of the following:
- overt truancy (including pupils found during truancy sweeps where officials and the police undertake patrols in the community
- inappropriate parentally condoned absence
- term-time leave without prior school permission from the headteacher
- failure to return to school on the agreed date from a term-time holiday, which may also result in your child losing their school place
- persistent late arrival at school (after the register has closed)
- where pupils are found in a public place during a period of suspension or exclusion from school during school hours, including being accompanied by their parents
A parent can be issued with up to two penalty notice fines within a three-year period. The charge for the first offence is £80 per child/per parent if paid within 21 days, doubling to £160 if paid within 28 days.
The charge for the second offence is £160. Failure to pay a penalty notice fine may result in prosecution. Should there be a third such offence within the three-year period, alternative sanctions will be considered, such as:
- prosecution at Magistrates’ Court with a maximum fine of £2,500
- an Education Supervision Order, whereby part of parental responsibility is removed and given to a professional assigned to provide intensive support for a set period of time
- a Parenting Order, whereby the parent must attend a parenting course
- referral to social care in cases where it is suspected that a child is suffering from educational neglect
- a combination of the above
More information on penalty notices, school attendance and absence.