New legislation relating to non-attendance from September 2024

Important Information for Parents – Changes to the issue of Penalty Notices to address School Attendance from 19th of August 2024: THE EDUCATION (PENALTY NOTICES) (ENGLAND) (AMENDMENT) REGULATIONS 2024 No. 210.

Dear Parent,

From 19.08.24 new legislation comes into force regarding the criteria for and the issue of penalty notices to address school attendance. A national framework for parental fines is being introduced for any pupil who misses 10 or more half-days within any 10-week period. Please note that if you have requested a Leave of Absence that commences from September 2024 onwards, any Penalty Notice/s issued will be at the new rates and trigger the start of the three year threshold period, as specified below.

The following changes have been made:

• the number of unauthorised absences that may trigger a potential fine: 10 unauthorised absences (5 days) in a 10 school week period.

• the number of penalty notices that can be issued to a parent in respect of the same individual child: a maximum of 2 penalty notices will be issued (per parent, per child) within a 3 year period

•  for the first penalty notice issued to each parent in respect of the same individual child in a 3-year period: the amount of the penalty notice has increased from £120 to £160 if paid within 28 days and £60 to £80 if paid within 21 days

• any second penalty notice issued to the same parent in respect of the same individual child within 3 years of the date the first penalty notice issue is now set at £160 to be paid within 28 days – NB: No discount for earlier payment is offered.

• any further absences will proceed for prosecution in the Magistrate Court for the same parent in respect of the same child within 3 years of the date of the first penalty was issued – The maximum fine the court can impose for a first offence is £1,000 per parent, per child. If, however, you have a history of offences of this nature you may be prosecuted under Section 444(1A) Education Act 1996 and the court can fine you up to £2,500 per child, order payment of the prosecution costs, impose a Parenting Order and/or sentence you to a period of imprisonment of up to 3 months .This reflects the seriousness of unauthorised absence from school.

Please speak to us if you have concerns about your child’s attendance – we want to support you to address any barriers which prevent your child attending on time every day.

Thank you.