Poor Attendance at School - Penalty Notices

Miss School - Miss Out

Oldham Council believe that any absence from school, for whatever reason, is detrimental to a child’s long-term life opportunities, so should be avoided if at all possible. Reducing absence from school is a key priority, both nationally and locally, because missing school damages a pupil’s attainment levels, disrupts school routines and can leave a pupil vulnerable to anti-social behaviour and youth crime.

For these reasons, the powers given under Section 23 of the Anti-Social Behaviour Act, 2003, have been adopted by Oldham. This gives an additional strategy to be used as a sanction when parents do not fulfil their responsibility to ensure their children attend school regularly.

Penalty Notices

Section 444(A) of the Education Act 1996, empowers the local authority to issue Penalty Notices in cases of unauthorised absence from school. 

Under the national rules introduced from the August 2024, all schools are required to consider a fine when a child has missed 10 or more sessions (5 days) for unauthorised reasons. 

From August 2024, the fine for school absences across the country will be £80 if paid within 21 days, or £160 if paid within 28 days. This rate is in line with inflation and is the first increase since 2012. 

In the case of repeated fines, if a parent receives a second fine for the same child within any three-year period, this will be charged at the higher rate of £160. 

Fines per parent will be capped to two fines within any three-year period. Once this limit has been reached, other action like a parenting order or prosecution will be considered. 

If you’re prosecuted and attend court because your child hasn’t been attending school, you could get a fine of up to £2,500. 
Money raised via fines is only used by the local authority to cover the costs of administering the system, and to fund attendance support. Any extra money is returned to the government. 

Your Questions Answered

What does the Anti-Social Behaviour Act 2003 do?

Section 23 of the Act gives powers to the Local Education Authority and other designated bodies to issue Penalty Notices where a parent/carer is considered capable but unwilling to secure an improvement in their child’s attendance at school. These powers came into force on 27 February 2004

What is a Penalty Notice?

Under existing legislation, parents/carers commit an offence if their child fails to attend school regularly, and the absences are classed as unauthorised. Such cases may result in a prosecution under Section 444 of the Education Act, 1996.

A Penalty Notice is an alternative to prosecution, which does not require an appearance in Court, whilst still securing an improvement in the pupil’s attendance.

What are the costs?

The fine for school absences is £80 if paid within 21 days, or £160 if paid within 28 days.

In the case of repeated fines, if a parent receives a second fine for the same child within any three-year period, this will be charged at the higher rate of £160. 

How are they issued?

By post to your home.

Is a Notice given?

A Notice to Improve is a final opportunity for a parent to engage in support and improve attendance in some circumstances before a penalty notice is issued.

In most cases, notices to improve will not be issued where support is not appropriate (for example in circumstances relating to a holiday in term time). The LA will consider whether a notice would have any behavioural impact (and therefore may not be issued, if for example a parent has already received one for a similar offence).

If the national threshold has been met and support is appropriate but offers of support have not been engaged with by the parent or have not worked, a Notice to Improve should usually be sent to give parents a final chance to engage in support.

The length of the period of improvement will be up to 6 school weeks. What sufficient improvement will look like will be decided on a case-by-case basis considering a child and family’s circumstances.

The LA will usually issue the Notice to Improve via referral from schools using the attendance improvement area of the school’s portal. 

Schools will update the LA on progress during the improvement period to allow the LA to consider whether proportionate support has been offered, the impact of the support offered and therefore whether to issue the penalty notice.

Parents may also receive a Penalty Notice without a warning letter for the offence of failing to secure regular school attendance under the following circumstances:

  • Their child is stopped on a truancy sweep more than once
  • They go on holiday in term time without school’s permission
  • The child fails to return to school following a fixed term exclusion

Is there an appeal process?

There is no statutory right of appeal once a notice has been issued, but on receipt of a warning you can make representation should you wish to.

How do I pay?

Details of payment arrangements will be included on the Penalty Notice. Payment in part, or in instalments is not an option.

What happens if I do not pay?

You have up to 28 days from receipt of the Penalty Notice to pay in full. After this time, the Authority is required under the Act to commence proceedings in the Magistrates Court for the original offence, which is the poor attendance at school of your child. If proven, this can attract a fine of up to £2,500, or a range of disposals such as Parenting Orders or Community Sentences, depending on circumstances.

Can I be prosecuted if I pay the Penalty Notice but my child still does not attend school?

At the present time, the payment of the Penalty Notice means this period cannot be used in a future prosecution. However, a prosecution could be considered for further periods of absence not covered by the Notice.

Can I get help if my child is not attending regularly?

Yes. Schools can be contacted directly if you need support to improve your child's attendance. Schools are able to signpost to services, make referrals where applicable and offer you an Early Help Assessment.

The Inclusion Team can also give you help and support if you are experiencing difficulty in ensuring your child attends school regularly.

Contact:

SEND and Inclusion Team
Oldham Council Offices
Spindles Shopping Centre
George Street 
Oldham
OL1 1HD