Penalty Notices (PNs): National Framework (from 19 August 2024)
A Penalty Notice is a fine issued to parents when a child has missed school without authorisation. The 2024 National Framework ensures consistency across England in how and when these are issued. (See 1 and 2 in the references section below).
When a Penalty Notice is issued
A Penalty Notice is issued:
- after 10 sessions (5 school days) of unauthorised absence within a rolling 10-school-week period
- this can include holidays taken during term time without permission or repeated lateness
- the absences do not need to be consecutive
- where a pupil is in a public place during an exclusion
- delayed return from authorised leave
Fines:
- £160 per parent, per child if paid within 28 days
- £80 per parent, per child if paid within 21 days for the first offence
If unpaid, the case may go to Magistrates' Court, where fines can reach £2,500 and result in a criminal record.
Repeat offences
A second offence within 3 years results in another Penalty Notice at £160, with no option to reduce this to £80 if paid within 21 days.
A third offence within 3 years leads directly to prosecution - no further Penalty Notice is issued.
Who can issue Penalty Notices
- Local Authorities (main responsibility)
- Head teachers (or authorised deputies)
- Police (in specific circumstances)
In West Berkshire the Local Authority is the only body able to issue Penalty Notices.
Frequently asked questions:
Who can authorise leave of absence?
The decision to authorise leave of absence requests rests with the Head Teacher, who will consider the individual circumstances and the potential impact on the child's education.
The law specifies that Head Teachers may not grant any leave of absence during term time unless there are "exceptional circumstances". The School Attendance (Pupil Registration) (England) Regulations 2024 state that "the need or desire for a holiday" is not considered an exceptional circumstance.
It is important for parents/carers to be aware that while decisions will be made on a case-by-case basis, requests will normally be refused.
The decision to request a Penalty Notice is made by schools in line with National thresholds and Department of Education guidance. The school make a request to the council to issue a Penalty Notice. The role of the council is to ensure it is issued in line with the code of conduct.
What are Exceptional Circumstances?
Exceptional circumstances for school absence are typically defined as rare, significant, unavoidable, and short-term events that prevent a child from attending school during term time. These circumstances are usually outside of the family's control and differ from routine absences or planned events like holidays.
Can I appeal the decision to issue a Penalty Notice?
No, there is no right of appeal.
Where there is additional information that can support the head teacher's decision to authorise leave, please contact the school and provide evidence.
Can I request the withdrawal of Penalty Notice?
No. As the person receiving the Penalty Notice you cannot request a withdrawal of the Penalty Notice.
Your child's school could request that the local authority withdraw a Penalty Notice but there are specific criteria which must be met first. The only circumstances in which a Penalty Notice may be withdrawn include:
- the Penalty Notice has been issued outside of the terms of the local code of conduct
- it ought not to have been issued or issued to the person named as the recipient
- it contains material errors - for example, where the name is spelt incorrectly
- where after the expiry of 28 days the penalty is unpaid and local authority do not wish to bring legal proceedings under s444
Do you offer payment plans?
Payment details are included in the notice. Most councils accept online payments via card. No instalments or reminders are provided.
Payment deadline dates are stated on page one of the Penalty Notice document. If you require a short-term extension due to financial difficulties, please contact us and your school to request this and any further support you require.
Payments must be made in full by the deadline stated on the Penalty Notice documents otherwise you may be liable for prosecution in court.
What if I believe the notice is incorrect?
Contact PenaltyNotices@westberks.gov.uk.
A notice may be withdrawn if it:
- has been issued outside the code of conduct
- has been issued to the wrong person
- contains material errors
Are there any educational consequences to taking a child out of school during term time?
West Berkshire wants every child in school every day so that they can achieve their best possible outcomes. Any absence from school impacts your child's educational attainment.
A child who takes a week's extra holiday each year at school will have missed at least 70 days (or the equivalent of more than three months of learning) by the end of their time at school.
Can I choose not to pay a Penalty Notice?
If you do not pay within the specified time stated on the Penalty Notice you will be prosecuted at a Magistrates' Court.
What happens if I forget to pay in 28 days?
A Penalty Notice is a legal proceeding. It is very important that you don't forget to pay otherwise you could face prosecution for the offence of unauthorised absence from school (the charge is not for non-payment of fine). There is no option to pay the fine after 28 days.
How many times could I receive a Penalty Notice?
In line with statutory guidance, you can only receive 2 penalty notices for offences within a 3-year period. The 3rd time an offence is committed, the case may be prosecuted at the Magistrates' Court under section 444 of the Education Act 1996 or other legal interventions considered.
References
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