Legal intervention and penalty notices

What is a Penalty Notice?

A Penalty Notice is a fine issued to parent(s) when a child has unauthorised absence from school. It is an alternative to Parental Prosecution under Section 444 of the Education Act 1996.

When can a Penalty Notice be issued?

• for unauthorised term-time holidays
  
  
• for 10 sessions of unauthorised absence within a 10 school week period

Who is responsible for the fine?

• the named parent on the Penalty Notice is responsible for payment
  
  
• usually, each parent receives a Penalty Notice for each child
  
  
• under Section 576 of the Education Act 1996, a ‘parent’ includes:
  • all biological parents (married or not)
  • anyone with parental responsibility
  • Anyone who cares for the child, even without legal status

Penalty Notice costs:

• First Penalty Notice (within 3 years):
  • £80 if paid within 21 days.
  • £160 if paid after 21 days (must be paid by day 28)
    
    
• Second Penalty Notice (within 3 years for the same parent / same child):
  • £160 (no early payment discount)
    
    
• Third Penalty Notice (within 3 years)
  • will not be issued. The Local Authority will consider Parental Prosecution

Legal Implications:

• paying the Penalty Notice is an out of court settlement
  
  
• once paid, the parent cannot be prosecuted for the same period of absence
  
  
• if a Penalty Notice is not paid, the parent may be prosecuted under Section 444(1) or 444(1a) of the Education Act 1996

Withdrawal or Appeal:

• A Penalty Notice can only be withdrawn if:
  • it should not have been issued, or
  • it was not issued in line with the Local Code of Conduct
• Parents should raise any penalty notice concerns with the school. The Head Teacher can request withdrawal from the Local Authority if relevant.
• There is no statutory right of appeal once a Penalty Notice has been issued.

Important Notes:

• since 2013 Head Teachers cannot authorised term-time leave unless there are exceptional circumstances
• if a child is taken out of school without permission, the Head Teacher may refer the case to the Education Welfare Service (EWS) for a Penalty Notice or Parental Prosecution
  
  
• extended unauthorised absence may result in a child being removed from the school roll
  
  
• Penalty Notices are issued by post (Royal Mail) and include offence dates and payment instructions
  
  
• all Penalty Notice’s must follow the Local Code of Conduct
  
  
• no part payments or payment plans are accepted
  
  
• late payments may be accepted in exceptional circumstances at the discretion of the Education Welfare Service

Frequently asked questions:

1.  Can I set up a payment plan?
   No, the Education Welfare Service CANNOT set up payment plans. Penalty Notices must be paid in full.
   
   
2. If I am not the parent taking the child on holiday, will I be fined?
   Only the parent taking the child on the term time holiday should receive a fine. Please note that if the school were not notified of the absence in advance the school will not know which parent was responsible for the absence and a penalty notice will then be issued to both parents. It would then be up to the parents to evidence which parent is responsible before the school / local authority can look to the withdraw the penalty notice that should not have been issued.
   
   
3. My child has an EHCP / SEND need, we can only go away at quieter times, will I be fined / can you withdraw the fine?
   This is at the discretion of the Head Teacher.
   
   
4. Why have I received a reminder letter even though I have paid the fine?
   If payment has not been received by day 21 the fine doubles and a reminder letter is posted out.
   
   
5. Can I appeal the fine?
   There is no right of appeal. Should you believe that a penalty notice should not have been issued you would need to explain the reason why to the school in the first instance. If you’re not happy with the outcome of your plea to school, you can obtain advice from the Education Welfare Service. This is not to say that the Education Welfare Service would overturn the decision of the school.
   
   
6. I cannot afford the £160, can I pay the reduced amount?
   The fine amount is set and must be paid to avoid a parental prosecution.
   
   
7. I have received a letter from school, but I don’t have the details to pay, can I pay now?
   The letter from school is NOT the penalty notice. You will not be able to pay the penalty notice until you have received the notice itself from the Education Welfare Service.
   
   
8. Why should I have to pay a fine when school staff have taken time off for strike days?
   Strike days are a separate matter and have no bearing on penalty notices.
   
   
9. Why has my partner received a fine when they are not the parent / do not have parental responsibly?As noted above, a stepparent is defined as a parent in Education Law.
   
   
10. Who receives the fine money?
    The money is used by the Education Welfare Service to fund attendance services.
    
    
11. What happens if I don’t pay the fine?
    The case will proceed to the Magistrates Court for a Parental Prosecution.

What is an Education Supervision Order?

An Education Supervision Order (ESO) is made by the Family Court. It applies when a child of school age isn’t getting a full-time education.

• it sets rules that parents and children must follow
  
  
• the family works with the Local Authority, a Supervising Officer, and the school to improve attendance
  
  
• an ESO is a support tool, not a punishment. It helps families who need ongoing guidance

Planning and application process

• you and your child will be invited to a Planning Meeting
  
  
• a member of the Education Welfare Service (EWS) leads the meeting
  
  
• school staff and other professional who support your family will attend
  
  
• together, you will create an Action Plan. It sets out what you, your child, and the school must do
  
  
• the EWS Legal Team reviews the case and decides whether to go ahead
  
  
• if approved, a Supervising Officer is appointed, and a court date is set
  
  
• you and your child must attend the hearing

Whis is considered a parent?

Under Section 576 of the Education Act 1996 a ‘parent’ means:

• any biological parent married or not
  
  
• anyone with parental responsibility
  
  
• anyone who cares for the child, even without legal status

The ‘No-Order’ principle

Section 1(5) of the Children Act 1989 states that:

• an ESO should only be made if it is truly needed
  
  
• if things can improve with an order, then no order should be made
  
  
• the Local Authority must show that other options have been tried first

Additional Information

• ESO’s last for 12 months. They can be extended twice – each time for another 12 months
  
  
• a named Supervising Officer supports the family and oversees the order
  
  
• you must allow the officer reasonable contact with your child. This does not have to be at home unless the order says so
  
  
• your child will have a befriender – a trusted professional who listens and supports their goals
  
  
• if you don’t follow the order without a good reason, you could be prosecuted
  
  
• breaching and ESO is a Criminal Offence. You could be fined up to £1000, pay court costs, and get a criminal record
  
  
• a  prosecution can happen at any time during the ESO if needed

What is a Parenting Order?

A Parenting Order is a legal order made by the Magistrates Court when a parent is found guilty of failing to ensure their child attends school regularly (Section 444(1) of the Education Act 1996).

• it is requested by the Local Authority during a Parental Prosecution
  
  
• the court may choose a Parenting Order instead of a fine or community penalty
  
  
• a Parenting Order can last up to 12 months

What happens if a Parenting Order is made?

• a Responsible Officer will be appointed by the court. This is usually someone from the Education Welfare Service or a member of school staff who knows your family well
  
  
• you will be asked to take part in a support programme (up to 3 months), such as parenting classes or counselling
  
  
• the Responsible Officer will work with the school and Early Help to find the right support for you

Roles and Responsibilities

School:

• monitor your child’s attendance
  
  
• put agreed support in place

Parent(s):

• follow the actions agreed in the Parenting Order Plan
  
  
• attend support programmes as set out on the plan
  
  
• ensure your child attends school every day unless there is a valid reason for the absence
  
  
• provide medical evidence to support absences due to illness
  
  
• attend review meetings

If you do not follow the Parenting Order plan without good reason, you may be prosecuted for breaching the order. This is a criminal offence under Section 9(7) of the Crime and Disorder Act 1988. You could be fined up to £1000, plus court costs.

Responsible Officer:

• make sure the Parenting Order is followed
  
  
• support your child’s school attendance
  
  
• keep the Education Welfare Service updated
  
  
• recommend prosecution if the order is breached / not being followed by the parent

Case Worker:

• find the right support programme for you
  
  
• make sure you attend the course
  
  
• inform the Responsible Officer if the Parenting Order Plan is not being followed

Parenting Order Meeting and Plan

After the Parenting Order is granted by the court:

• a Parenting Order Meeting must be held within 2 weeks (or within the first week of a new term if granted in the school holidays)
  
  
• a Parenting Order Plan will be created and signed by the Responsible Officer, Case Worker, Parent and child (if appropriate)

The plan may include:

• ensuring your child is up and ready for school daily
  
  
• making sure your child attends school unless genuinely ill
  
  
• providing medical evidence for absences
  
  
• attending a parenting course (or similar)
  
  
• meeting with the Responsible Officer when asked

The plan will be reviewed every 4 weeks, or less often if attendance improves.

What if the Parenting Order is Breached?

If you do not follow the plan:

• the Responsible Officer will refer the case to the Education Welfare Service who will consider legal action
  
  
• you may be invited to a PACE Interview (interview under caution)
  
  
• the Case Worker and the Education Welfare Service will prepare the case for court
  
  

Additional Information:

• if your child moves to a different Local Authority, the Parenting Order will transfer with them
  
  
• when the Parenting Order ends, you will receive a letter from the Responsible Officer / Education Welfare Service to let you know
  
  
• the Case Worker will check your child’s attendance after a half term to ensure improvements are maintained

What is the Single Justice Procedure?

The Single Justice Procedure is a way for the courts in England and Wales to deal with minor offences (like not having a TV licence or not ensuring your child attends school) without the need for a full court hearing. It is used for instances where the offence does not carry a prison sentence.

Why might you receive an SJP Notice?

If you have been issued with a Penalty Notice for the unauthorised school absence for your child and you have not paid that Penalty Notice, then you will receive a Single Justice Procedure Notice through the post. This means that:

• a Magistrate (a type of judge) will look at the case on paper, without anyone needing to attend court
  
  
• you have 21 days to respond to the notice
  
  
• included in the notice is a Witness Statement written by the Local Authority or a member of school staff and a Head Teachers Certificate of Attendance

You may also be issued with an SJP notice if you have already been issued with two penalty notices (within a three-year period) and you have committed a further offence, or the Local Authority decides to go straight to court using the SJP process instead of issuing a further fine. This means that the Local Authority believes the issue is serious enough to be dealt with by a magistrate rather than issuing another fine.

Your options when you receive an SJP Notice

Plead guilty:

• you can do this by completing the SJP Notice and posting this to the Magistrates Court (details contained within the SJP notice itself)
  
  
• you do not need to attend court
  
  
• you may get a reduced fine (up to 33%) if you plead guilty
  
  
• you can explain your situation (called mitigation) – for example, if you’re struggling financially or made a genuine mistake

Plead not guilty:

• you will need to go to court and explain why you have pleaded not guilty. The magistrates court will notify you in writing the date that you must attend court
  
  
• you can bring evidence or witnesses to support your case

Important tips for parents:

• act quickly: You only have 21 days to respond
  
  
• read the notes carefully: The notice tells you how to reply and what your options are
  
  
• get help if needed: You can contact the Education Welfare Service if you do not understand the process or what is expected of you
  
  
• if you do not respond to the SJP Notice within 21 days, the magistrate may decide / prove the case without your input. You could be found guilty, fined, or have money taken from your wage or benefits and you may miss the chance for a reduced fine or to explain your circumstances