When penalty notices are used
Parents and guardians have a legal obligation to ensure their child or children attends school regularly and arrives on time for their lessons.
All schools must follow the national guidance in regards to unauthorised absences.
Co-parenting
A penalty notice can be issued to each parent or guardian liable for the attendance offence.
This means if a child is residing with a parent and is taken on unauthorised leave with another parent or guardian, both would be issued with a penalty notice fine regardless of which parent has applied for a leave of absence.
Any person who, although not a natural parent, has care of a child or young person
Having care in this context means that a person with whom the child lives and who looks after the child, irrespective of their legal relationship to the child, is considered to be a parent in education law.
Unauthorised absence
Penalty notices can be used if a pupil is absent from school without permission or good reason and if the absence is unauthorised by the school.
In cases of irregular attendance, a pupil that has ten or more sessions (5 days) of unauthorised absence a ‘Notice to Improve’ will first be issued.
If absences continue a Fixed Penalty Notice Fine can be issued.
Unauthorised leave in term time
Schools are no longer allowed to authorise any leave requested during term time except in very exceptional circumstances which will be at the head teacher's discretion.
Unauthorised leave if taken will result in a fixed penalty fine being issued, this fine can be issued without prior warning.
The fines are issued per parent per child.
Cost of a fine
Fixed penalty fines are issued per parent per child.
1st offence
An £80 fine will be issued and would need to be paid within 21 days.
If payment not received within 21 days, the fine will increase to £160 and must be paid within 7 days.
Failure to pay the fine of £160 will result in prosecution in the magistrates’ court.
2nd offence within 3 years
A £160 fine will be issued and would need to be paid within 21 days.
Failure to pay the fine of £160 within 21 days will result in prosecution in the magistrates’ court.
3rd offence within 3 years
Where a family is identified to be fined on a third occasion within a 3-year period, these cases will be referred straight to the magistrates’ court for prosecution.
How to pay
Details about how to pay will be included on the invoice for the payment that will be sent as a separate letter to the penalty notice letter you will have got.
You cannot pay in instalments, and must use the invoice reference number when making your payment.
Debit cards are accepted.
Persistent lateness
If a pupil arrives at school after the register has closed it is recorded as an unauthorised absence.
Ten unauthorised sessions within any ten-week period will result in a penalty notice being issued.
A ‘Notice to Improve’ will be first be issued.
Excluded pupils in public places during the school day
Where a pupil is found in a public place, in school hours without reasonable justification during the first 5 days of a fixed term or permanent exclusion.
The Schools Admission, Attendance and Inclusions Team will check whether the pupil was excluded at the time.
If they were excluded, then a penalty notice will be issued.
A school is not seen as a public place under the Education and Inspections Act 2006.
Appealing the notice
There is no right of appeal against a penalty notice.
If you need advice about the notice you can contact your child's school or the Schools Admission Attendance and Inclusions Team, ews@havering.gov.uk.
Refusing to pay
Once you receive the penalty notice you have up to 28 days to pay.
If you are unable to pay you will be prosecuted in a Magistrates court.
If you are found guilty you could be asked to pay a fine of up to £2,500 plus costs.