National changes to education penalty notices - September 2024
Background
You may be aware of recent concerns about school attendance and the impact school absence has on the attainment and wellbeing of children across the country.
Concerns were also raised about the ‘postcode lottery' parents face, where penalty notices are issued for unauthorised absence in one local authority but not in another.
The Department for Education consulted with parents, local authorities, and schools and has introduced the 'national framework for penalty notices’, to ensure that penalty notices are issued more fairly and consistently across England.
About the framework
The framework introduces the idea of ‘support first’, which means that schools and local authorities should:
- first try to support families where attendance is a concern
- take legal action, including penalty notices, as a last resort, except in cases where support is not appropriate such as, unauthorised leave in term time
Penalty notices are issued to parents as an alternative to prosecution where they have failed to ensure that their child, of compulsory school age, regularly attends the school where they are registered or, in certain cases, at a place where alternative provision is provided.
A penalty notice can be issued to each parent liable for the offence or offences.
Penalty notices are intended to prevent the need for court action and should only be used where it is deemed likely to change behaviour.
The national penalty notice framework also details increases to the amount parents have to pay, and the escalation process local authorities must use when more than one offence is committed within a three year period:
- the first penalty notice issued to a parent for a particular pupil will be charged at £160 if paid within 28 days. This will be reduced to £80 if paid within 21 days
- a second penalty notice issued to the same parent for the same pupil will be charged at a flat rate of £160 if paid within 28 days
- a third penalty notice cannot be issued to the same parent for the same child within three years of the date the first notice was issued. If the national threshold is met for a third time (or subsequent times) within the three year period, other action should be taken instead. This could include prosecution
- when three years has passed since the first penalty notice was issued, a further penalty notice can be issued but, in most cases, local authorities are likely to go straight to prosecution for what may have become an entrenched pattern of behaviour
Sue Harrison, Strategic Director of Children and Families, has written to all parents through their children's school to let them know about the changes, with some frequently asked questions (FAQs) that include questions parents have asked nationally.
Download national penalty notice framework letter to parents
Download national penalty notice framework FAQs
If you have concerns about your child's school attendance, speak to their school and ask for support.
Page last updated: 23 July 2024
