Penalty Notice Issue – Late Attendance at School

Definitions

Section 7 of the Education Act of 1996 imposes on parents a legal duty to secure education for their children of compulsory school age whether at school or otherwise. A parent is defined to include all natural parents, whether they are married or not; any person or body who has parental responsibility for a child as defined by the Children Act 1989; and any person who although not a natural parent, has care of a child. This policy uses the word ‘parent’ to mean one or more parents or carers.

Having care of a child means that a person with whom a child lives and who looks after a child, irrespective of what their relationship is with that child, is considered to be a parent (see Section 576 of the Education Act of 1996).

Overview

The Local Authority’s Courts Manager has the authority to issue penalty notices in relation to multiple instances of lateness to school once the registers have closed (marked as ‘U’ on the registers).

Consideration as to whether a penalty notice for lateness is issued should consider if the sanction will prove to be effective in eliminating instances of late attendance and also if issuing such a notice would deter the behaviour from being entrenched.

Requirements

Pupils should have a minimum of 5 instances of lateness (after registration closes) within a 5 week period. Once identified parents must be provided with a warning in order to address the problem. This should avoid the issue of a penalty notice. The warning must include a monitoring period of no more than 3 weeks and during this time the number of times late should decrease and a significant improvement noted.

If the issue of lateness improves within the monitoring period no action will be taken, however if there is no improvement, a penalty notice will be issued.

Referrals

Schools are asked to complete the Penalty Notice Referral Form and forward this to the Courts Manager along with an up to date attendance printout signed by the Headteacher.

Penalty Notice Issue

If lateness to school persists, a penalty notice will be issued. Payment deadlines will be monitored. A reminder letter will be issued if the initial 21 day payment deadline is not met and if no payment is received by the 28^th day the penalty notice must be withdrawn and consideration is then given regarding the parent being prosecuted in the Courts. Schools will be notified at the point of payment or at the point of expiry of the final payment deadline.

Penalties Imposed

From August 2024, the fine for school absences across the country will be £80 if paid within 21 days, or £160 if paid within 28 days. This rate is in line with inflation and is the first increase since 2012. 

In the case of repeated fines, if a parent receives a second fine for the same child within any three-year period, this will be charged at the higher rate of £160. 

Fines per parent will be capped to two fines within any three-year period. Once this limit has been reached, other action like a parenting order or prosecution will be considered. 

If you’re prosecuted and attend court because your child hasn’t been attending school, you could get a fine of up to £2,500. 

Schools are asked to support the LA with a section 9 statement explaining why the fine was raised and also if necessary to support the LA if a trail occurs.  

The parent has no right of appeal against the penalty notice once issued.

A penalty notice cannot be withdrawn unless the Headteacher confirms it has been requested in error.

Legislation

The following legislation is in place which enables the Local Authority to issue penalty notices and prosecute where applicable:

• The Education (Penalty Notices) (England) Regulations 2004
• The Anti Social Behaviour Act 2003-Section 23
• The Education Act 1996-Section 444

Queries and Support

Questions regarding the issue of penalty notices or undertaking legal action in relation to non attendance at school should be raised with your allocated Education Welfare Officer (EWO) or alternatively The Education Courts Team.

The Education Courts Team
9th Floor, International House
Canterbury Crescent
London
SW9 7QE

Education Courts Team 

Tel:       020 7926 9614
Email:   educationcourtsteam@lambeth.gov.uk