Unauthorised absence from school – key points explained – September 2024
Fines for unauthorised absence from school
Unauthorised absences are any absence not agreed by your child’s school. If your child has unauthorised absences in an academic year, you may be liable for a penalty notice.
To avoid this, it’s important to ensure that your child attends school everyday and on time and that if they are absent, the school are able to authorise the absence.
It is only the headteacher or principal of a school, who can authorise school absence.
Issuing a penalty notice
Under the Working together to improve school attendance, (statutory guidance effective from the 19 August 2024), a national framework for the use of penalty notices for unauthorised absence from school, has been introduced by the Department for Education.
There is now a national threshold
There is a single consistent national threshold for when a penalty notice must be considered by all schools in England, of 10 sessions (usually equivalent to 5 school days) of unauthorised absence, within a rolling 10 school week period.
For example:
a 5 day holiday in term time (term time leave), would meet the national threshold.
5 days of unauthorised absence due to irregular school attendance, would meet the national threshold
The 10 school week period can span different terms or school years.
Who may be issued with a Penalty Notice?
Penalty Notices are issued per *parent – per child
Penalty Notice Fines are issued to each parent who allows their child to be absent from school.
For example:
3 siblings absent for term time leave, would result in each parent, who allowed the absence, receiving 3 separate fines.
A parent is defined as the natural parent, the person with whom the child lives and/or has day to day care of the child.
Fines and prosecution
First offence
The first time a Penalty Notice is issued for term time leave or irregular school attendance, the fine amount will be:
• £80 per parent, per child, if paid within 21 days.
• increasing to £160 if paid between days 22 to 28.
Second offence (within 3 years)
The Second time a Penalty Notice is considered and issued for term time leave or irregular school attendance, the fine amount will be:
• £160 per parent, per child, payable within 28 days.
Third offence and any further offences (within 3 years)
The third time an offence is committed for Term Time Leave or Irregular school Attendance, a Penalty Notice will not be issued.
The case will be referred to the Magistrate’s Court for consideration.
Upon Prosecution a parent can receive a criminal record and a fine of up to £2,500.
If you pay the penalty notice within the timeframe, as indicated, you cannot be prosecuted for the period covered by the penalty notice. You do still remain liable to prosecution if your child’s attendance does not improve.
If you don’t pay the fine, you’ll be prosecuted for the original offence of failing to secure attendance. If proven, the court can impose a fine of up to £2,500 and/or three months’ imprisonment.
Bradford Council has a local penalty notice code of conduct, to ensure that the national framework is adhered to and there is consistency across all schools within the local authority.
Help and advice
If you have concerns about your child’s attendance, you should contact:
your child’s school first
the Bradford Attendance Support Team if your child is causing you special concern – attendance@bradford.gov.uk
Schools must work with parents and children at as early a stage as possible to address concerns that may lead to irregular school attendance. Interventions and preventative measures must be put into place to support children to access their education. A referral to Early Help may also provide additional support with your child’s attendance.
Here is a copy of the letter sent out to all our families last week.
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