Education penalty notice code of conduct

Procedure for issuing penalty notices

Under the new national rules introduced by the Department of Education, all schools must consider a penalty notice when a child has missed 10 or more sessions (5 days) for unauthorised reasons in any rolling 10-week period. This is in line with national guidance and Southwark’s Code of Conduct. 

Schools should not have fixed positions on whether they will or will not issue penalty notices. Judgements should be made on the evidence in each individual case to ensure fairness and consistency. 

From August 2024, the fine for school absences across the country will increase to: 

  • £80 if paid within 21 days
  • £160 if paid within 28 days

This rate is in line with inflation and is the first increase since 2012.  

First offence

Penalty notices will now be issued to each parent, for each child that was absent. For example: 3 siblings absent for term time leave, would result in each parent receiving 3 separate fines. 

Second offence (within 3 years)

The second time a penalty notice is issued for term time Leave or Irregular Attendance: The amount will be £160 per parent, per child paid within 28 days. 

Third offence

Where two penalty notices have been issued within a rolling three-year period, and a third offence is committed for term time leave or irregular attendance: A penalty notice must not be issued. The case will be considered for legal action and expedited to the Magistrates’ Court for prosecution where appropriate. Fines can be up to £2,500 per parent, per child.   

Offences before August 2024

Please note that any offences prior to the changes in August 2024 will be processed under the previous legislation. For example, term time leave for 5 or more days in the academic year prior to August 2024 may incur a penalty notice of £60 per parent if paid within 21 days and rising to £120 if not paid within 28 days. 

Page last updated: 07 November 2024

}

Privacy settings