10. Payment and 11. Non-payment
10.1. Arrangements for payment will be detailed within the Penalty Notice.
10.2. The first penalty notice issued to the parent for a child will be charged at £160 if paid within 28 days reducing to £80 if paid within 21 days.
10.3. Where it is deemed appropriate to issue a second penalty notice to the same parent for the same pupil within 3 years of the first offence, the second notice is charged at a flat rate of £160 if paid within 28 days. There is no reduced sum available in this instance.
10.4. Part payments or payment plans are not accepted, and the fines must be paid in full within 21/28 days.
10.5. Payment after the deadline may be accepted in exceptional circumstances. In this situation the higher amount of £160 is usually payable and must be paid immediately and in full.
10.6. Payment in full of the Penalty Notice discharges the parent’s legal responsibility for the period of unauthorised absence outlined in the notice and the parent cannot be subsequently prosecuted for that period.
10.7. Any revenues collected through the system must be ring-fenced to administer the penalty notice system and prosecute for the original offence in cases of non-payment. If a surplus remains after the system has been administered and any non-payers have been prosecuted, this can be spent on attendance support.
Non-Payment
11.1. The offence detailed in the Penalty Notice must be capable of proof in the Magistrates’ Court so that in the event of non-payment of the charge the parent/carer can be prosecuted.
11.2. Non-payment of Penalty Notices within the prescribed time limits will result in the initiation of a criminal investigation and possible prosecution under Section 444(1) of the Education Act 1996 for the original offence detailed in the penalty notice.