As a parent or carer, you are legally responsible for making sure your child receives a suitable full-time education from the age of 5 to 16. For most families, this means ensuring your child attends school every day and on time, unless there is a valid reason for absence. Missing school, even occasionally, can cause children to fall behind in their learning, making it more difficult to catch up and achieve their potential. School provides a daily routine that supports emotional, social and academic development. Consistent attendance helps children develop positive habits and resilience. School helps keep children safe, supported and connected with trusted adults and friends. Good attendance can reduce the risk of isolation and vulnerability, including exploitation and other safeguarding concerns.
Attending school regularly helps children develop confidence, communication skills, resilience and a positive attitude towards learning and work.
Parents can support attendance by:
Establishing Positive Routines
Communicating with School
Working with the School
Supporting Wellbeing
What to Do if Your Child is Struggling to Attend School
If your child is struggling to attend school:
Support is available and early intervention is often the most effective way of preventing attendance concerns from escalating.
Your Legal Duty to Ensure School Attendance
Under Section 7 of the Education Act 1996, parents are legally responsible for ensuring that their child receives a suitable full-time education.
This education must be:
Most parents meet this duty by registering their child at school. Once registered, children are expected to attend every day the school is open unless there is an authorised reason for absence.
Who is a Parent Under Education Law?
Under Sections 444 and 576 of the Education Act 1996, a "parent" includes: A biological parent.
More than one person may be considered a parent for attendance purposes and may receive attendance-related correspondence or enforcement action
When absence is allowed
Your child can legally miss school if:
You must contact the school on the first day of absence to explain why your child is not in school. If you don't, the school will follow up to find out the reason.
Many children can continue attending school with:
Parents are expected to make a reasonable judgement based on their child's condition.
If you are unsure, it is usually better to send your child to school and inform staff of your concerns. Staff can monitor your child's wellbeing and contact you if necessary.
Reporting Absence
Parents should follow their school's Attendance Policy.
The policy will explain:
Schools have a duty to monitor attendance, safeguard children and identify attendance patterns that may require support or intervention.
Term-Time Holidays and Leave of Absence
All requests for leave of absence must be made in advance. Schools may only authorise leave in exceptional circumstances. Term-time holidays are not normally considered exceptional circumstances.
If leave is taken without authorisation:
Families are encouraged to arrange holidays during school closure periods.
Support
Support First: Our Approach to Improving Attendance
Waltham Forest follows the Department for Education's Support First approach. Schools and the Local Authority will normally seek to understand and address barriers to attendance before enforcement action is considered.
Before enforcement is considered, schools and (Name of Service) will normally seek to:
Attendance and SEND
The Local Authority recognises that some children with Special Educational Needs and Disabilities (SEND) may face additional barriers to school attendance.
Schools, (Name of Service) and partner agencies will consider:
The expectation remains that all children should attend school regularly wherever possible. However, support and intervention should be tailored to meet individual needs and remove barriers to attendance.
Emotionally Based School Avoidance (EBSA)
Some children experience significant anxiety or emotional distress about attending school.
Signs may include:
Parents should speak to the school as soon as possible if they believe their child is struggling with emotionally based attendance difficulties.
Early intervention can help prevent attendance difficulties becoming more entrenched.
What Happens if Support is Refused or Not Engaged With?
Support can only be effective when families engage with it.
Where support is:
the school and Local Authority may determine that voluntary intervention has not been effective and may move to the next stage of the attendance framework.
This may include:
Each case is considered individually, taking account of fairness, proportionality and the child's circumstances.
Waltham Forest follows a graduated response to attendance concerns. The purpose of the graduated response is to ensure that families are given appropriate support and opportunities to improve attendance before statutory intervention is considered.
Stage 1 – School Attendance Monitoring
Stage 2 – Targeted Attendance Support
Stage 3 – (Service Name) Involvement
Stage 4 – Notice to Improve
Stage 5 – Fixed Penalty Notice Consideration
A Fixed Penalty Notice may be considered where:
Stage 6 – Further Statutory Intervention
The Local Authority may consider:
Each case will be considered individually and decisions will be made in accordance with legislation, statutory guidance and the principles of fairness, consistency and proportionality.
Notice to Improve (NTI)
A Notice to Improve is a formal step within Waltham Forest's graduated response to attendance concerns and may be issued where:
The Notice to Improve will:
The Notice to Improve provides families with a final opportunity to secure sustained improvement before further enforcement action, including the consideration of a Fixed Penalty Notice or other statutory interventions.
Parents are strongly encouraged to engage with the school and (Name of Service) during this period to address barriers to attendance and avoid further escalation.
Fixed Penalty Notices (FPNs)
A Fixed Penalty Notice (FPN) is an alternative to prosecution and may be issued where a child's unauthorised absence meets the legal threshold.
The purpose of a Fixed Penalty Notice is to improve attendance without the need for immediate court action. A Penalty Notice is a fine issued to parents when a child has missed school without authorisation.
When is a Penalty Notice Issued?
A Penalty Notice may be issued when a pupil has:
The unauthorised absence does not need to occur on consecutive days.
Fixed Penalty Notice Charges
The amount payable depends on whether the notice is the first or second Fixed Penalty Notice issued for the same child within a rolling three-year period. The charges are set nationally under the Department for Education's National Framework for Penalty Notices.
Circumstance | Amount Payable | Payment Deadline | Outcome if Unpaid |
First Fixed Penalty Notice | £80 per parent, per child | Within 21 days | Increases to £160 |
First Fixed Penalty Notice | £160 per parent, per child | Between 22 and 28 days | May result in prosecution |
Second Fixed Penalty Notice (same child within a rolling three-year period) | £160 per parent, per child | Within 28 days | May result in prosecution |
Third Attendance Offence (same child within a rolling three-year period) | No Fixed Penalty Notice available | N/A | Consideration of prosecution under Section 444 Education Act 1996 |
Repeat Offences
The National Framework introduced limits on repeat Penalty Notices.
Who Can Issue a Penalty Notice?
Under legislation, Penalty Notices may be issued by:
In Waltham Forest, schools request consideration of a Penalty Notice and the Local Authority determines whether it should be issued in accordance with legislation and the Local Code of Conduct.
Who Can Receive a Penalty Notice?
A Penalty Notice may be issued to:
Fixed Penalty Notices are issued on a per parent, per child basis.
This means:
Who Can Authorise Leave of Absence?
The decision to authorise leave of absence rests with the Headteacher.
Headteachers must consider:
The law makes clear that leave of absence during term time should only be granted in exceptional circumstances.
What Are Exceptional Circumstances?
Exceptional circumstances are generally:
They are circumstances that are outside the family's control and would justify a child being absent from school during term time.
Each request is considered individually.
The School Attendance (Pupil Registration) (England) Regulations 2024 make clear that the need or desire for a holiday is not considered an exceptional circumstance.
Can I Appeal the Decision to Issue a Penalty Notice?
No.
There is no statutory right of appeal against a Fixed Penalty Notice.
Can I Request the Withdrawal of a Penalty Notice?
Parents cannot request the withdrawal of a Penalty Notice.
However, a school may ask the Local Authority to consider withdrawing a Penalty Notice where specific criteria are met.
A Penalty Notice may only be withdrawn if:
What if I Believe the Notice is Incorrect?
You may submit representations if you believe:
Representations should include:
The Local Authority will consider representations in accordance with legislation, statutory guidance, the Local Code of Conduct and the principles of fairness, consistency and proportionality. Submit representation to (Email address)
Do You Offer Payment Plans?
Payment instructions are included within the Penalty Notice. Payment must normally be made in full within the statutory timescale. There is no automatic provision for instalment plans and payment deadlines remain legally enforceable.
Parents experiencing financial difficulty should contact the Local Authority as soon as possible for advice.
Are There Educational Consequences to Taking a Child Out of School During Term Time?
Yes.
Every day of education is important. Missing school can affect:
A child who misses one week of school every year could lose the equivalent of more than three months of education over the course of their school career.
Can I Choose Not to Pay a Penalty Notice?
You may choose not to pay; however, failing to pay within the required timescale may result in legal proceedings.
A Penalty Notice is a legal sanction and parents should carefully consider the consequences of non-payment.
What Happens if I Do Not Pay Within 28 Days?
If a Penalty Notice remains unpaid after 28 days:
The offence prosecuted is generally the underlying attendance offence, not the non-payment itself.
How Many Times Can I Receive a Penalty Notice?
Under the National Framework:
A Fixed Penalty Notice is an alternative to prosecution and may be issued where a child's unauthorised absence meets the legal threshold.
The purpose of a Fixed Penalty Notice is to improve attendance without the need for immediate court action.
Add: WF Code of Conduct
Summary of New National Framework
Attendance Contracts
An Attendance Contract is a formal written agreement between parents, the school and/or the Local Authority designed to help improve a child's attendance.
Attendance Contracts may be used where attendance concerns continue despite earlier support. They help families, schools and the Local Authority work together to identify barriers to attendance and agree practical actions to improve it.
An Attendance Contract will usually:
Although called a contract, it is not legally binding and is not an enforcement action. However, it demonstrates a shared commitment to improving attendance and may be considered as part of the wider attendance process if concerns continue.
Attendance Contracts are generally used:
Education Supervision Orders (ESO)
An Education Supervision Order (ESO) is a legal measure used by local authorities in England and Wales to support children who are not attending school regularly. It is designed to help families improve school attendance without immediately resorting to prosecution.
What is an ESO?
An ESO is granted by the Family Court under Section 36 of the Children Act 1989. It places a child under the supervision of a local authority-appointed officer, usually an Attendance Support Officer, who works closely with the child, parents, school, and other agencies to address the reasons for poor attendance.
When an ESO is used
An ESO is considered when:
Before applying for an ESO, the local authority will usually hold a planning meeting with the family, school, and any involved professionals to create a voluntary support plan. If this plan fails and attendance does not improve, an ESO may be applied for with the family's knowledge and involvement.
How it works
Once granted, the ESO:
Parents retain parental responsibility, but they must comply with the directions of the Supervising Officer. They cannot move the child to another school without the local authority's permission during the ESO.
If the ESO is ignored
If the child or parents do not comply:
A Parenting Order is a legal measure that can be issued by a Court when a parent has been found guilty of failing to ensure their child attends school regularly.
Parenting Orders are designed to support parents in meeting their responsibilities for their child's education and attendance. They focus on helping families address the causes of poor attendance and supporting positive and lasting improvements.
A Parenting Order may be considered where:
How it Works
A Parenting Order aims to help parents develop the skills, strategies and confidence needed to support their child's regular attendance at school.
The Order may require a parent to:
Parenting Orders are intended to support positive changes in attendance and may be used alongside other legal interventions where appropriate.
If You Do Not Comply
Parents are expected to comply with the requirements set out in the Parenting Order.
Failure to comply with the requirements of a Parenting Order may result in further action being taken by the Court.
Parents who are struggling to meet the requirements of a Parenting Order should speak to the relevant professional or service involved as early as possible so that appropriate support can be considered.
How Parenting Orders Fit Within the Attendance Framework
Parenting Orders may be considered alongside:
https://www.gov.uk/school-attendance-absence/legal-action-to-enforce-school-attendance
School Attendance Orders (SAO)
A School Attendance Order (SAO) is a legal document issued by a local authority when a child of compulsory school age is not receiving suitable education and is not registered at a school.
It requires the parent to register the child at a named school.
SAOs are typically used when a local authority believes a child is not being properly educated, including in cases where elective home education is deemed unsuitable.
If a parent fails to comply with an SAO, they may be prosecuted and face a fine or other legal consequences.
Parents have the right to present evidence of suitable education before an SAO is issued or enforced.
What is an SAO?
A School Attendance Order is a legal notice issued by a local authority when it believes a child of compulsory school age is not receiving a suitable education. It requires the parent to register the child at a specific school named in the order. SAOs are used to ensure that every child receives an appropriate full-time education, either at school or otherwise (such as through elective home education).
When an SAO is used
An SAO is typically used when:
Before issuing an SAO, the local authority will usually make informal attempts to resolve the issue, including offering support and requesting information about the child's education.
How an SAO works
Parents can object to the named school or appeal the order, but they must do so through the proper legal channels.
If you don't comply
Failure to comply with an SAO is a criminal offence. If a parent does not register the child at the named school or fails to ensure attendance, they may be prosecuted. This can result in:
Prosecution for Non-Attendance
We aim to work with families to avoid legal action wherever possible. The Local Authority may prosecute parents under Section 444 of the Education Act 1996 where a child fails to attend school regularly and statutory intervention has not secured improvement.
The Court may impose a range of sanctions, including:
In determining the most appropriate legal intervention, the Local Authority may consider whether a Parenting Order, Education Supervision Order or prosecution is the most suitable and proportionate response, taking account of the child's circumstances, the support already provided, and the family's engagement with that support. Prosecution is generally considered a measure of last resort.