Fines for missing school

When a parent* removes a child for a term time holiday, without permission from the Head Teacher, for 10 sessions (5 days), or has 10 Sessions unauthorised absences, or  a mixture of unauthorised and holiday leave, a school may request a Fixed Penalty Notice (FPN) from the Local Authority.

Under the provisions of sections 444a and 444b of the Education Act 1996, the Local Authority may, in cases of unauthorised absence, issue a Penalty Notice to the parent(s) or carer(s) responsible.  Under these provisions the first penalty is £80 if paid within 21 days of the receipt of the notice, rising to £160 if paid after 21 days, but within 28 days of receipt.   

• A second penalty notice issued to the same parent in respect of the same pupil is charged at a flat rate of £160 if paid within 28 days.  

• The third penalty notice cannot be issued to the same parent in respect of the same child within 3 years of the date of issue of the first. In a case where national threshold is met for a third time (or subsequent times) within those three years, a prosecution will be issued.   

Under the code of conduct requests for Penalty Notices should only be made for individuals and cannot be made for a couple.  Each parent must be treated individually.

A Penalty Notice will not be issued where there has previously been a prosecution against the parent under section 444 of the Education Act 1996.  In such circumstances consideration of further legal interventions should be considered.

Definition of a Parent* 

The legislative provisions relating to non-attendance apply to all parents who fall within the definition set out in section 576 of the Education Act 1996.  This defines a parent as: 

• All Natural parents, whether they are married or not. 

• Any person who, although they are not a natural parent, has parental responsibility (as defined in the Children Act 1989) for a child or young person. 

• Any person who, although they are not a natural parent, has care of a child or young person - having care of a child or young person means that a person with whom the child lives and who looks after the child, irrespective of what their relationship is with the child - is considered to be a parent in education law for these purposes. 

A fine can be issued to parents of pupils who have 10 half days' absence not agreed by school recorded on the school register within 10 school weeks

A fine can be issued to parents of pupils who have 10 sessions (5 days) not agreed by school, recorded on the school register within a rolling 10 school week period.

For the first offence, the fine is £160 if you pay within 28 days of the day the fine was issued.

If the fine is paid within 21 days it will be reduced to £80

If there is a second offence within 3 rolling years, the fine is £160 with no opportunity to pay a reduced fine of £60.

If there is a third offence within 3 rolling years, then a fine will not be issued but a prosecution in the Magistrates Court will be considered.

Where a  fine has been issued but is not paid within 28 days of the day it will be withdrawn and you will not be able to pay.

The fine will tell you how to pay.

The fine must be paid in full 28 days of the date it was issued.

You cannot make part payments.

There is no right of appeal by parents against a penalty notice fine. If the penalty is not paid in full by the end of the 28 days allowed, the local authority will decide either to send the parent to court for the school absence or withdraw the fine.

A fine may only be withdrawn if:

• It was issued to the wrong person
• It did not meet the terms in the local authority code of conduct
• The Penalty Notice has mistakes
• The parent has not paid the fine and the local authority is not sending the case to court

The Education (Penalty Notices) Regulations 2007 set out the details of how the penalty notice scheme must operate. We have a penalty notice code of conduct (PDF, 233 KB)(opens new window) for issuing penalty notice fines.  

The code tells schools what can trigger a penalty notice fine.

Only the local authority can prosecute parents. The local authority considers the Attorney General's guidelines for Crown Prosecutors in all prosecution cases.

Our Education Welfare Service conducts all investigations in accordance with the Police and Criminal Evidence (PACE) Act 1984.

Section 444 of the Education Act 1996 has separate but linked offences; these are:

• Section 444(1): where a parent fails to secure the child's regular attendance
• Section 444(1A): where a parent knows that the child is failing to attend school regularly, and fails to ensure the child does so
• Section 444(ZA): where parents fail to secure the regular attendance of their child at an alternative provision

There are statutory defences for parents to use under the 1996 Act.

The fines available to the courts if parents are found guilty are:

• Section 444 (1) a level 3 fine of up to £1,000
• Section 444 (1A) a level 4 fine of up to £2,500 and imprisonment for up to three months

Under Section 103 of the Education and Inspections Act 2006 the LA has the power to prosecute parents of pupils found in a public place during school hours after being excluded from school.

• The fine is a level 3 fine of up to £1,000.