Fixed Penalty Notice

In accordance with Section 23 of the Anti-Social Behaviour Act, Local Authorities and Police have the power to issue Penalty Notices to parents who fail to ensure their child or children's regular attendance at school.

At present, Fixed Penalty Notices are issued by the Local Authority, following periods of unauthorised absence of 3 or more days. The following criteria must be met in order for a penalty notice to be issued:-

  • The school attendance policy must include the use of Fixed Penalty Notices for any unauthorised holidays taken during term time.
  • The school newsletter must inform parents that FPNs are in operation and can be issued for periods of unauthorised absence.
  • A request for leave of absence received from the parent (written or verbal)
  • Correspondence issued to the parent by the Head Teacher (or appropriate representative), refusing the request for absence, confirming the reason for the refusal and warning the parent that an FPN will be issued if the pupil is absent for the given period.
  • Evidence of attendance for the given period signed by the head teacher

There are occasions in which requests for leave of absence have not been made, but there is a suspicion that a pupil is absent due to an unauthorised holiday. In these instances, educational provisions would be expected to investigate the matter by attempting to contact the parent to enquire why the pupil is absent. Correspondence should also be issued to the parent, requesting evidence that would enable the school to authorise the absence and notifying the parent that failure to produce evidence will result in a FPN being issued.

The full penalty of £120 per parent per child is imposed but is reduced to £60 if paid within 21 days of receipt of the notice. Failure to meet the payment within 28 days could result in the matter being referred to the Magistrates court in accordance with Section 444 of the Education Act 1996.

To apply for an FPN please complete an FPN Referral Form

Send the completed FPN request form to BACME-referral@walthamforest.gov.uk

Last update: Friday 22nd of May 2020 02:03:00 PM