Birmingham education penalty notice information
Why have I been sent a penalty notice?
Your child’s school have referred the case to the local authority because they are concerned about their attendance at school.
Failure to ensure children attend school regularly is a criminal offence.
The school will have written to you if your child has taken an unauthorised leave of absence in term time. For ongoing unauthorised absence, the school will have tried to offer support via ‘Support First’.
A penalty notice gives you the opportunity to discharge the offence without going to court and receiving a criminal record if found guilty.
Why has my partner been sent one as well?
In law, both parents/carers are responsible for ensuring a child attends school regularly, so both parents/carers are issued penalty notices, and each has to pay their own notice(s).
Why have I received more than one penalty notice?
If more than one child has unauthorised absence, you may be required to pay a penalty notice for each child.
I live with the child, but I am not the parent and do not have parental responsibility
The Education Act 1996 describes parents as those who have parental responsibility or have care of the child.
This means that as the child lives with you, you are a parent as defined under the Act.
Why have I received more than one penalty notice?
If more than one child has unauthorised absence, you may be required to pay a penalty notice for each child.
What happens if I don’t pay?
If the £80 payment is not received within 21 days, it rises to £160 for a further 7 days.
Reminders to pay are not sent.
The National Penalty Notice Framework states that if this is the second time in 3 years you have been issued with a penalty notice, the discount of £80 will not be available to you and you must pay £160 within 28 days.
If payment is still not received, the local authority will withdraw the penalty notice and a case will be prepared for court for the original offence under Section 444 (1) of the 1996 Education Act.
For a second offence within a three-year period the discount does not apply and the cost is £160.
A third offence may mean the case is referred directly to court.
What happens in court?
If found guilty, parents/carers:
- can be fined up to £1000
- can be ordered to pay local authority and a victim surcharge
- would receive a criminal record
What happens if I can not pay the penalty notice? Can I pay my penalty notice in instalments?
A penalty notice is issued to allow parents/carers to discharge an offence, avoiding higher court fines, charges and a criminal record.
It must be paid in full and there is no facility under the law to pay in instalments.
I do not believe I am guilty. What do I do?
There is no legal right to appeal a penalty notice but if you feel it has been wrongly issued, you can contest it by writing to us using the link on the notice. Make sure that you attach your evidence..
You can also use the following link:
If the appeal is rejected, you can choose not to pay the penalty notice and plead not guilty when your case is referred to court.
However, before you choose to do so, make sure you seek legal advice, particularly in light of the Supreme Court case ‘Isle of Wight Council (Appellant) v Platt (Respondent)’ 2017.
The penalty notice has been sent to the wrong person
Use the contesting link on the penalty notice or on this page to let us know why you think the penalty notice shouldn’t have been issued to you and attach any evidence.
The child does not live with me or have contact with me
Use the contesting link on the penalty notice or on this page to let us know why you think the penalty notice should not have been issued to you and attach any evidence.
How do I contest a penalty notice?
Before the penalty notice is issued, we would have received and reviewed all of the paperwork from your child's school.
This includes the letters, school attendance printout and correspondence sent or received by the school.
Before you complete the form, you will be asked to read the guidance and confirm that you have read it. It is very important that you do so.
95% of all applications for education penalty notices to be withdrawn are not upheld.
Note that if the penalty notice is not withdrawn, you must pay the amount/s specified or you may be prosecuted for failing to ensure your child’s attendance at school
Page last updated: 29 August 2024
