Actions we can take when children miss school
When you register your child at a school, you take on a legal duty to make sure they attend regularly.
Your child must attend every day the school is open, except in a few allowable circumstances, such as:
- being too ill to attend
- having permission for an absence agreed in advance by the Head teacher
This applies to any parent or carer who has parental responsibility.
School absence notice to improve
You may receive a notice to improve if your child is absent for:
- 5 or more days, or
- 10 or more unauthorised sessions (a session is half a day)
This is measured over a rolling 10-week period, which can span different school terms or years.
The letter will give you a period of 20 days to improve your child’s attendance.
School absence penalty notice (fine)
On the 19 August 2024, the National Framework for penalty notices came into force.
We can issue a penalty notice if:
- you received a notice to improve and attendance has not improved, or the improvement has not been sustained.
- you have taken your child out of school in term-time without the Head teacher's permission
A penalty notice is an out-of-court fine designed to change behaviour without going to court.
How many notices can be issued
Two penalty notices can be issued for the same child within a three-year period.
Penalty notice amounts
- First notice: £160 if paid within 28 days, reduced to £80 if paid within 21 days.
- Second notice: If issued within 3 years of the first notice for the same child, it is £160 flat rate, paid within 28 days. No reduced amount
- Third notice: A third penalty notice cannot be issued for the same child within 3 years of the first notice. If attendance still does not improve, the Local Authority may take the case to court. This could lead to a criminal record and a fine of up to £1,000.
Paying a a penalty notice
If you’ve received a penalty notice for school absence, you can pay it online.
Parent or carers will not be offered a payment plan and payments outside 28 days will not be accepted and referred to the Magistrate’s Court.
Pay a penalty notice
If you do not pay
If you don’t pay within 28 days, we may take you to court.
You could get a criminal record and a fine of up to £1,000.
For full details see:
Attendance prosecution
If your child fails to attend regularly at a school at which they are registered, or at a place where alternative provision is provided for them, you may be guilty of an offence and can be prosecuted by the Local Authority.
If the Local Authority decides to pursue legal action this will be under Section 444 of the education Act 1996. There are two possible levels of prosecution.
- S444 (1) Fine up to £1000.
- S444 (1a) This is an aggravated offence and used when we view that the parent/carer is aware of the absence from school and fails to act. This can include a fine up to £2500 and or a custodial sentence.
Other legal interventions
In exceptional cases, we may use other interventions.
See Chapter 6 of the Working Together to improve school attendance statutory guidance
Contact Attendance and Children out of School team
Phone: 01270 375255
Floor 1, Delamere House
Crewe
CW1 2LL
Page last reviewed: 20 January 2026
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