Penalty Notices for Leave of Absence

The Law has changed (effective from 19th August 2024)

PENALTY NOTICE FINES FOR SCHOOL ATTENDANCE HAS CHANGED - THE GOVERNMENT HAS INTRODUCED A NEW NATIONAL FRAMEWORK FOR PENALTY NOTICES

(Taken from and adapted from the ‘Guidance for Schools – Leave of Absence’ document (Kirklees Council, August 2024))

What is the legislation, regulations and DfE Guidance?

Penalty notices are issued under The Education (Penalty Notices) (England) Regulations 2007 and under the Kirklees Code of Conduct. Headteachers may not grant any leave of absence during term time unless there are exceptional circumstances. Currently, it is up to headteachers to determine whether circumstances are “exceptional”, and for headteachers to determine the number of school days a child can be away from school if the leave is granted.

Penalty Notices may be issued:

·· If parents have not sought permission from the head teacher before taking their child out of school for leave during term time.

·· If the head teacher has refused the request but the absence occurs anyway.

·· If a child has not returned to school by the agreed date with no satisfactory explanation.

AND

·· Where the individual leave of absence has been recorded by the school as unauthorised in the attendance register on at least 10 school sessions within a rolling 10-week period and – where appropriate – all measures of support have been exhausted.

Who will be fined?

Penalty Notice fines are issued Per Parent, Per Child. This means fines are issued to each parent, for each child that is absent for a Term-Time holiday.

Eg. If 2 siblings are absent for a Term-Time holiday, this will result in each parent receiving 2 separate fines.

What are the financial consequences should I take my child out of school?

First Offence: The first time a Penalty Notice is issued for Term-Time leave of absence or irregular attendance, the amount will be:

£160 per parent, per child (if paid within 28 days) reduced to £80 per parent, per child (if paid within 21 days).

Second Offence: The second time a Penalty Notice is issued for a Term-Time leave of absence or irregular attendance to the same parent for the same child the amount will be:

£160 per parent, per child (if paid within 28 days) There is no reduction in the amount.

Third Offence or Further Offences (in a three year rolling period): The third time an offence is committed for Term-Time leave of absence by the same parent, for the same child (including those by other Local Authorities) a Penalty Notice cannot now be issued, but the case may be referred to Kirklees Council for Prosecution which may result in a Parenting Order, a Community Order, or fines of up to £2,500 per parent, per child. Cases found guilty in a Magistrate's Court can show on a parent's future Disclosure & Barring certificate.

Education law defines parents as:

• all-natural (biological) parents, whether they are married or not.

• any person who, although not a natural parent, has parental responsibility for a child or young person (this could be a stepparent, guardian or other relatives).

• any person who, although not a natural parent, has care of a child or young person.

Can I appeal against a penalty notice?

There is no statutory right of appeal once a Penalty Notice has been issued. All penalty notices will be brought before Kirklees Legal Intervention Panel who will then consider if legal intervention is appropriate. Support must be the first step to improving school attendance.

More information can be found at https://www.kirklees.gov.uk/beta/schools/penalty-notices.aspx