What is a Penalty Notice?
The law says that parents/carers whose children of compulsory
school age are absent from school without good reason are
committing an offence, and those parents may be prosecuted in the
Magistrates’ Court.
Section 23 of the Anti-Social Behaviour Act 2003 introduced
additional powers under Section 444 of the Education Act 1996
authorising Local Authorities to issue Penalty Notices in cases of
unauthorised absence from school.
Suffolk County Council's Education Attendance Service is
responsible for deciding when to issue Penalty Notices.
When will a Penalty Notice be issued?
We aim to work with schools and parent/carers to improve pupil
attendance but will issue Penalty Notices in the following
situations where unauthorised absence occurs:
- Where a pupil has taken holiday during term-time and the
absence is not authorised by the school
- Where a pupil is stopped with parents/carers during a truancy
sweep and the absence is not authorised by the school
- Where a pupil has missed at least 10 sessions (5 school days)
due to unauthorised absence in aschool term.
In every case a pupil will have lost a minimum of 10 sessions (5
school days) of unauthorised absence during the current term before
a Penalty Notice is considered.
With the exception of being stopped on a truancy sweep, The
Education Attendance Service will issue a parent/carer with a
formal written warning of the intention to issue a Penalty
Notice.
On receipt of this warning, you will have 15 school days to improve
your child’s attendance, in that time your child must have no
unauthorised absences from school. If your child's attendance
improves and there are no further unauthorised absences, you will
not receive a penalty notice. There is no statutory right of
appeal once a notice has been issued.
How do I pay and what happens if I don’t?
Details of payment arrangements will be included on the Penalty
Notice. The penalty must be paid in full. The penalty is £50 if
paid within 28 days, doubling to £100 if paid after 28 days.
If you do not pay the penalty in full within 42 days of issue, the
Local Authority is required to start legal proceedings against you
in the local Magistrates’ Court for the original offence of failing
to ensure your child attends school regularly. This may lead to a
fine of up to £1000.
Payment of a Penalty Notice discharges parents' liability for the
period to which the Notice relates.
However it may be the case that a prosecution is considered if your
child has further periods of unauthorised absence from
school.
What can I do to help my child attend school regularly?
- Send your child to school on time every day
- If your child is unwell, contact the school on the first day of
absence and return your child to school as soon as possible
- Make sure your child knows you do not approve of them missing
school
- Take holidays only during school holidays
- Make sure your child goes to school with the
- correct uniform and equipment
- Take an interest in your child’s education
- Talk to staff as soon as any problems arise.
If you are unable to ensure your child attends school regularly
please contact your child's school as soon as possible to discuss
the situation.
Suffolk County Council is committed to providing all children with
the best start in life and works hard to improve the attendance of
a small but significant minority.
Reducing absence from school is a key priority both nationally and
locally. In Suffolk the majority of parents ensure that their
children attend school regularly.
Tackling truancy:
- increases children and young people’s opportunities
- increases children’s attainment and achievement
- makes children safer
- reduces anti-social behaviour
- reduces the risk of children becoming involved in crime
- reduces the risk of children getting involved in alcohol and
substance misuse
- makes Suffolk a safer place for everyone.
Further Information
Suffolk County Council's Education Attendance Service also offers
support and advice about your child’s school
attendance.
Please contact your nearest office if you have any questions,
contact details above.