Missing school
New arrangements from 19 August 2024
Parents are legally responsible for ensuring that their child is being educated and if they choose to do this by enrolling them at a school, then they must ensure that their child attends regularly. If this doesn’t happen, then following appropriate support and advice being offered by their child’s school, the parents could be prosecuted at magistrates' court.
Prosecution can result in a fine of up to £1,000, although some circumstances where the parents have knowingly allowed their child to be absent from school, they may be fined up to £2,500 or even sent to prison for 3 months. Prosecution will also result in the parent having a criminal record.
An alternative to prosecution can be where a school requests that the local authority issue the parent with a penalty notice
The issuing of a penalty notice can be considered for all types of unauthorised absences including:
- being late after the register has closed
- truancy
- taking leave of absence (holiday) without permission from the school
- if a headteacher isn’t satisfied for the reason for the child missing school
When a penalty notice is issued, it is issued on a per child / per parent basis. This means that if 2 parents have 2 children and take both children out of school, they may be issued with a total of 4 penalty notices – 1 to each parent for each child.
When a school asks us to issue a penalty notice, the following criterion apply:
The pupil has missed at least 10 sessions (equal to 5 school days) due to unauthorised absence during the previous 10 school weeks. The period of 10 school weeks can also span different terms or academic years. We have discretion to issue a penalty notice before the above threshold is met.
A notice to improve may be issued as a final opportunity to avoid a penalty notice being issued and this will give a 30-school-day period, when should the child have no further unauthorised absences then no penalty notice will be issued. A notice to improve will not be issued where the penalty notice is for leave of absence (holiday during term-time) and the absence has not been authorised by the school.
Where a penalty notice is issued, then over a 3-year rolling period the sanctions are:
- first offence – fine of £160 reduced to £80 if paid within 21 days.
- second offence – fine of £160
- third offence – court hearing and up to £2,500 fine, or up to 3 months in prison and a criminal record
Once a penalty notice has been issued, there is no right of appeal, although there are circumstances in which we may withdraw the notice.