School penalty notices and how to pay

A school penalty notice may be issued to any parent of a child for

• Unauthorised leave of absence including holidays in term time
• Parentally condoned absence where the parent is deemed capable but unwilling to address attendance problems (for example, a failure to engage with support measures)
• A parent continually failing to provide an explanation for a pupils absence in accordance with the schools procedures
• The pupil having a record of unauthorised absences which appear to have been avoidable
• A pattern of poor attendance that develops during a pupils final year of compulsory education
• Persistent late arrival after the school register has closed

This is not an exhaustive list and each case will be considered individually.

A penalty notice may be issued to any person who has parental responsibility for a child or has care of a child.

Having care of a child or young person means that a person who the child lives with and who looks after the child, irrespective of what their relationship is with the child, is considered to be a parent in education law.

As defined by the Education Act 1996, Section 576.

Parents and those who have day to day care of children are individually legally responsible for securing children’s school attendance.

First offence in a 3 year period: £80 if paid within 21 days of notice issue. £160 if paid between 21-28 days of notice issue.

Second offence in a 3 year period: £160 if paid within 28 days of notice issue.

Part payments are not acceptable and the penalty notice must be paid in full.

Suffolk County Council is not able to offer payment plans to pay fixed penalty notices.

There is no statutory right of appeal for a penalty notice, however if you have not already done so, you can make representation to the school to request consideration for the absence to be authorised.

If a penalty notice remains unpaid the local authority must either proceed to prosecute for the offence to which the penalty notice relates or withdraw the penalty notice.

If you believe a penalty notice has been issued incorrectly, please speak with your school. It is the school who decide whether to issue a penalty notice based on their individual attendance policy.

If you remain dissatisfied after speaking with the school then you should follow the schools complaints procedure giving the reasons you believe the Fixed Penalty Notice was issued incorrectly.

A fixed penalty notice gives the parent the opportunity to discharge their liability for the offence under section 444 of the Education Act 1996. If a penalty notice remains unpaid the local authority must either proceed to prosecute for the offence to which the penalty notice relates which may lead to a fine of up to £1000 or withdraw the penalty notice.

After payment of a penalty notice has been made parents and carers will no longer be liable for their child’s absence from school during the period to which the notice relates.

If your child has further periods of unauthorised absence from school, the local authority may decide to take further action.

If you pay the Penalty Notice this discharges your liability for the period to which the Penalty Notice relates. However, if further absences occur, depending upon the circumstances, a prosecution might be considered for any further periods of unauthorised absence. It is vital that you work closely with your child's school and any support agencies offered.

Penalty notices are an out of court settlement for failing to ensure a child’s regular attendance and is intended to change behaviour without the need of criminal prosecution. If repeated penalty notices are being issued and behaviour is not changing then an alternative intervention must be considered.

The third or subsequent time an offence is committed a penalty notice will not be issued and the case could be presented straight to the Magistrate’s Court. Prosecution can result in Criminal records and fines of up to £2,500. Cases found guilty in Magistrates’ Court may show on the parent’s future DBS certificate due to ‘failure to safeguard a child’s education’.

When the penalty notice is paid, any revenues collected will first be used for administration of the penalty notice system and prosecutions. Any surplus monies will be ring fenced for attendance support in line with the Working together to improve school attendance guidance.