4. Use of penalty notices
4.1. The Penalty Notice National Framework 2024 sets out the maximum number of penalty notices which may be issued by a Local Authority to each parent in any 36-month (3-year) period. For these purposes, the National Framework has set the maximum of 2 penalty notices per child, per parent that can be issued within a rolling 3-year period. If a third (or subsequent) offence(s) takes place, another tool must be used, such as prosecution or one of the other attendance legal interventions available to the Local Authority.
4.2. When the national threshold has been met: when school becomes aware that the national threshold has been met, they must consider whether a penalty notice can and should be issued or not. The national threshold has been met when a pupil has been recorded as absent for 10 sessions (usually equivalent to 5 school days) within 10 school weeks, with one of, or a combination of the following codes:
- Code G (the pupil is absent without leave for the purpose of a holiday)
- Code N (the circumstances of the pupil’s absence have not yet been established)
- Code O (none of the other rows of Table 3 in regulation 10(3) of the School Attendance (Pupil Registration) (England) Regulations 2024 applies, and
- Code U (the pupil attended after the taking of the register ended but before the end of the session, where no other code applies)
4.3. For the purpose of the escalation process, previous penalty notices include those not paid (including where prosecution was taken forward if the parent pleads or was found guilty) but not those which were withdrawn. In summary:
| Scenario | Counts towards the limit? |
|---|---|
| Penalty notice issued by any authorised officer and paid within 21 days | Yes |
| Penalty notice issued by any authorised officer and paid within 28 days | Yes |
| Penalty notice issued by any authorised office but later withdrawn | No |
| Penalty notice issued by any authorised officer. The penalty notice was not paid, and the Local Authority prosecuted for the original offence, but the Court found the parent not guilty | No |
| Penalty notice issued by any authorised officer. The penalty notice was not paid, and the Local Authority prosecuted for the original offence and the Court found the parent guilty | Yes |
4.4. The three-year period begins from the date of the first penalty notice issued. For example, if the first penalty notice is issued on 18th September 2024, a second penalty notice issued to the parent in respect of that child on or before the 17th of September 2027 would be charged at £160. A third penalty notice could not be issued within that timeframe and so in cases where the national threshold is met for a third or subsequent time another action should be taken instead. These could include:
4.5. For the purpose of the escalation process, previous penalty notices include those not paid (including where prosecution was taken forward if the parent pleaded or was found guilty) but not those which were withdrawn.
- Advise schools to monitor the absence for a further period of time.
- Advise schools to refer to supporting agencies.
- Offer of a formal Caution.
- Instigate formal legal proceedings for unauthorised absence under Section 444(1).
- Instigate formal legal proceedings undertaking a PACE (Police and Criminal Evidence) interview prior to a decision to prosecute being made (Section 444(1A)).
4.6. It is not a defence for the parent to say s/he was unaware of the absences or the child being out unsupervised during an exclusion from school. Parents are expected to know where their children are at all times and there is no duty, in law, on the school or the Local Authority to advise them of their child’s absence.
Leave of Absence (unauthorised holiday in term time)
4.7. It is the responsibility of the parent/carers to check directly with their child’s school for holiday term dates prior to booking any leave. If parent/carers wish to book leave in advance they need to be aware that the school calendar may change.
4.8. Where parents/carers live separately consideration will be made as to the appropriateness of issuing a penalty notice to each parents/carers. Each case will be assessed individually.
4.9. A school should be able to demonstrate they communicated with parents/carers informing them of the possible consequences if taking unauthorised leave of absence.
4.10. It is good practice that schools communicate closely before decisions are made for leave of absence during term-time. It is not appropriate for schools to remove pupils from roll for leave of absence in term time where siblings at different schools may record unauthorised absence.
4.11. Penalty notices can also be issued retrospectively should the school become aware that a child is absent due to unauthorised leave after the child’s first day of absence. In this scenario, the school must notify the parent in writing stating why they believe the child has taken an unauthorised leave of absence, and the possible consequences i.e. penalty notice being issued by the Local Authority.
Excessive delayed return from leave of absence or extended leave of absence
4.12 Where leave of absence has been granted by the school, parent/carers should be informed by the school in writing (if time allows) of an agreed return date and clearly outline the possible outcomes if the pupil fails to return to school on the date stated. The Pupil Registration Regulations 2013 also enable schools and academies to delete from their roll pupils who have failed to attend on the agreed return date and the school have complied with the Manchester Children Missing Education and off-rolling procedures.