Fines for missing school

When a parent* removes a child for a term time holiday, without permission from the Head Teacher, for 10 sessions (5 days), or has 10 Sessions unauthorised absences, or  a mixture of unauthorised and holiday leave, a school may request a Fixed Penalty Notice (FPN) from the Local Authority.

Under the provisions of sections 444a and 444b of the Education Act 1996, the Local Authority may, in cases of unauthorised absence, issue a Penalty Notice to the parent(s) or carer(s) responsible.  Under these provisions the first penalty is £80 if paid within 21 days of the receipt of the notice, rising to £160 if paid after 21 days, but within 28 days of receipt.   

• A second penalty notice issued to the same parent in respect of the same pupil is charged at a flat rate of £160 if paid within 28 days.  

• The third penalty notice cannot be issued to the same parent in respect of the same child within 3 years of the date of issue of the first. In a case where national threshold is met for a third time (or subsequent times) within those three years, a prosecution will be issued.   

Under the code of conduct requests for Penalty Notices should only be made for individuals and cannot be made for a couple.  Each parent must be treated individually.

A Penalty Notice will not be issued where there has previously been a prosecution against the parent under section 444 of the Education Act 1996.  In such circumstances consideration of further legal interventions should be considered.

Definition of a Parent* 

The legislative provisions relating to non-attendance apply to all parents who fall within the definition set out in section 576 of the Education Act 1996.  This defines a parent as: 

• All Natural parents, whether they are married or not. 

• Any person who, although they are not a natural parent, has parental responsibility (as defined in the Children Act 1989) for a child or young person. 

• Any person who, although they are not a natural parent, has care of a child or young person - having care of a child or young person means that a person with whom the child lives and who looks after the child, irrespective of what their relationship is with the child - is considered to be a parent in education law for these purposes.