Penalty Notices - information for parents

Why have Penalty Notices been introduced?

Regular and punctual attendance at school is both a legal requirement and essential in ensuring that all children maximise their educational opportunities and future life choices. In addition, there is evidence to suggest that truancy can lead to anti-social behaviour and youth crime.

Section 23(1) of the Anti-Social Behaviour Act 2003 has introduced new powers to Sections 444 of the Education Act 1996 that enable Local Education Authorities (LEA) to issue Penalty Notices. Penalty Notices can be used as an alternative to prosecution under Section 444 and enable parents to avoid conviction for that offence by paying a penalty.

How much is a Penalty Notice?

The Penalty Notice is £50 if paid within 28 days of receipt of the notice, rising to £100 if paid not after 28 days but within 42 days of receipt of the notice. A notice served by post is deemed to have been received on the second day after posting if it was delivery by first class post.

If the penalty is not paid in full by the end of the 42-day period, the LEA must either prosecute for the offence to which the notice applies or withdraw the notice.

When could I receive a Penalty Notice?

A Penalty Notice could be issued to you if:

• your child has had 10 or more unauthorised absences from school over a period of six months
• your child has been late to school after the registration period has closed on 10 or more occasions over a period of six months
• you take your child on holiday during term time and the absence has not been authorised by the Principal/Headteacher
• during a truancy sweep it is established that absence has not been authorised by the school and your child has had 10 previous unauthorised absences
• you repeatedly fail to provide the school or the Education Welfare Service with reasons for your child's absences. This can include ignoring the Local Authority's attempts to contact you.

How will I receive the Notice?

By post.

Will I receive a warning first?

Yes. The Education Welfare Service will write to you informing you of your child's unauthorised absences from school and give you the opportunity to contact the Local Authority to discuss your child's absences. However, if your child has one more unauthorised absence within 15 days of you receiving the letter, the Penalty Notice will be issued.

What happens if I do not pay?

You will be prosecuted. However, unlike other penalty notice schemes, the prosecution would not be for non-payment of the notice. That is, you would be prosecuted for the offence for which the notice was issued - failing to ensure your child's regular attendance at school. This would mean that you could receive a much more serious penalty and a criminal record if found guilty.

The fact that you failed to pay the notice could also be used as evidence in any legal proceedings taken against you.

You cannot be prosecuted for the particular offence for which the notice was issued until after the deadline for payment has passed (42 days). If you pay the penalty within the payment period no other legal action can be taken against you for that offence.

Note: Future unauthorised absence would be treated as a separate offence and could result in further legal action.

Can I appeal against the Penalty Notice?

There is no statutory right of appeal against the issuing of a penalty notice. Penalty Notices may only be withdrawn for the following reasons:

• Where it ought not to have been issued - where it has been issued outside the Local Authority's Code of Conduct or where no offence has been committed.
• Where it has been issued to the wrong person.

Where a Penalty Notice has been withdrawn, a notice of the withdrawal will be given to the recipient and any amount paid will be refunded. No proceedings will be continued or instigated against the recipient for the offence for which the withdrawn notice was issued.

Important

As with prosecutions under section 444 of the Education Act, a Penalty Notice can be issued to each parent liable for the offence.

What should I do if I am concerned about my child's attendance?

Contact the Education Welfare Service. They will support you and provide advice and strategies that could help you ensure your child's regular attendance at school.

They could also put you in touch with other agencies that could provide additional support and advice. It is also important to talk to staff at your child's school. They can often identify specific problems that might be causing your child to truant. They can also offer Pastoral Support Plans that will help you and your child feel your views and concerns are being recognised.

If you have any questions regarding Penalty Notices or would like to speak to an Education Welfare Officer about your child's attendance, please contact us.

Penalty Notices [102.5KB]

Code of Conduct [166KB]