When is a penalty notice issued?

A Penalty Notice may be issued when a pupil has:

• 10 sessions (usually 5 school days) of unauthorised absence within a rolling 10-school-week period.
• Taken an unauthorised term-time holiday.
• Accumulated repeated instances of unauthorised absence.
• Regularly arrived after the register has closed.
• Returned late following an authorised leave of absence.
• Been present in a public place during a period of exclusion.  

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.

Repeat offences

The National Framework introduced limits on repeat Penalty Notices.

• A first offence may result in a Penalty Notice being issued.
• A second offence within a rolling three-year period may result in a second Penalty Notice of £160 per parent, per child.
• A third offence within the same three-year period will normally lead to prosecution or consideration of another legal intervention rather than another Penalty Notice.

Who can issue a penalty notice?

Under legislation, Penalty Notices may be issued by:

• A Local Authority authorised officer.
• A Headteacher.
• An authorised Deputy or Assistant Headteacher.
• A Police Constable in specific circumstances.

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:
• A parent with parental responsibility.
• A parent with day-to-day care of the child.
• Another adult who meets the legal definition of a parent under education legislation.

Fixed Penalty Notices are issued on a per parent, per child basis.

This means:

• More than one parent may receive a Penalty Notice.
• Separate notices may be issued for each child.

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? 

Who can authorise leave of absence?

The decision to authorise leave of absence rests with the Headteacher.

Headteachers must consider:

• The individual circumstances of each request.
• The impact of the absence on the child's education.
• Department for Education guidance.
• Attendance legislation.

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:

• Rare.
• Significant.
• Unavoidable.
• Short-term.
• 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:

• It was issued outside the Local Authority's Code of Conduct.
• It should not have been issued.
• It was issued to the wrong person.
• It contains a material error.

The Local Authority decides not to proceed with legal action after non-payment.

What if I believe the notice is incorrect?

You may submit representations if you believe:

• The absence was recorded incorrectly.
• The notice was issued to the wrong person.
• Relevant information was not considered.
• A factual error exists.

Representations should include:

• Child's name.
• School name.
• Penalty Notice reference number.
• Details of the concern.
• Any supporting evidence.

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 education is important. Missing school can affect:

• Learning and progress
• Friendships and social development
• Examination preparation
• Educational outcomes

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 notice cannot be paid late.
• The case may be referred for prosecution.
• Proceedings may be brought in the Magistrates' Court.
• 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:

• Parents may receive up to two Penalty Notices for the same child within a rolling three-year period.
• Following a third qualifying attendance offence within that period, prosecution or another legal intervention may be considered instead of issuing a further Penalty Notice.
• 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.

WF Code of Conduct