Actions we can take when children miss school

When a parent/carer decides to have their child registered at school, they have an additional legal duty to ensure their child attends that school regularly. This means your child must attend every day that the school is open, except in a small number of allowable circumstances such as being too ill to attend or being given permission for an absence in advance from the Head teacher of the school.

The guidance for parental responsibility is to help understand and deal with any issues relating to it.

School absence notice to improve

You may get a notice to improve if your child is absent for 5 or more days / 10 or more unauthorised sessions (a session is a half day), within a rolling 10-week period which can span over different school terms or school years.

The letter will give you a period of 20 days in which to improve the child's attendance.

School absence penalty notice (fine)

On the 19 August 2024, the new National Framework for Penalty Notices came into force.

We can send you a penalty notice (PN) in either of the following situations:

• when you have received a notice to improve letter and there is no improvement in attendance, 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 settlement which is intended to change behaviour without the need for criminal prosecution. Only 2 penalty notices can be issued to the same parent/carer in respect of the same child within a 3-year rolling period and any second notice within that period is charged at a higher rate:

• The first penalty notice issued to a parent/carer in respect of a particular pupil will be charged £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/carer in respect of the same pupil is charged at a flat rate of £160 if paid within 28 days.
•  A third penalty notice cannot be issued to the same parent/carer in respect of the same child within 3 years of the date of issue of the first. In this circumstance the Local Authority may refer the matter to court. You could get a criminal record and you may be fined up to £1,000.

How to pay a penalty notice

Pay a penalty notice

What happens if you do not pay the penalty notice

If you do not pay within 28 days this may result in the Local Authority referring the matter to court. You could get a criminal record and you may be fined up to £1,000.

Full details about our approach on the Code of Conduct on Penalty Notices (PDF, 281KB) and the Working Together to improve school attendance statutory guidance from 19 August 2024 for maintained schools, academies, independent schools and local authorities 2024.

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 1986. 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 circumstances there are a range of other interventions open to the Local Authority. Chapter 6 of the Working Together to improve school attendance statutory guidance will provide more information on maintained schools, academies, independent schools and local authorities 2024.

Contact Attendance and Children out of School team 

Page last reviewed: 23 September 2024