Penalty notices for irregular attendance and term time leave

The Education Act 1996 allows the local authority to prosecute parents for failing to ensure the child attends school regularly. It also allows the local authority to issue penalty notices to parents as an alternative to prosecution.

A penalty notice requires the parent(s) to pay a fixed amount as a fine for their child's irregular attendance and avoid a court appearance.

The fine

The fine is £60 to be paid within 21 days. The 21 day period begins 2 days after the date shown on the Penalty Notice. If the fine isn't paid within 21 days, it rises to £120 for a further 7 days. If it's still not paid, the matter may the be sent for prosecution (not for the unpaid fine but the original offence).

The penalty notice will be sent to your home by first class post.

All payments are to be paid directly to Southwark Council as outlined on the penalty notice form. Debit/credit cards are accepted.

The reason for the power being introduced

Absences from school can damage your child's learning and impact on their opportunities for training and working later in life. It can also leave children at risk of anti-social behaviour and crime.

Your responsibilities as a parent

Unless you can show that you're making your own arrangements for your child to be educated other than at school, you must ensure your child attends school regularly. You'll be committing an offence if your child fails to attend school regularly without good reason or without the headteacher's permission. Only your child's school can authorise an absence.

In the 1996 Act, a parent is defined as:

i) any natural parent
ii) anyone who is not the natural parent of the child but has parental responsibility for the child
iii) any person, who although not a natural parent, has care of a child

Warnings

Warnings will be issued directly by schools. The number of warnings may vary from school to school. Contact your child's school for further details.

Term-time leave

Parents aren't entitled to take their children on leave during term-time. Leave may only be taken with written approval from the headteacher. A penalty notice may be issued for any term-time leave which hasn't been authorised by the headteacher.

Appealing a penalty notice

There's no right of appeal once the penalty notice has been issued. You may face a prosecution in the Magistrates' Court for your child's non-attendance should you fail to pay the penalty notice fine.

Prosecution

You may be prosecuted for any further periods of irregular attendance.

Help for parents

You should ask for help from your child's school or contact the Early Help Service Duty Desk on 0207 525 2714.

Page last updated: 07 September 2017