The Education Welfare Service supports families through legal frameworks and may lead to enforcement actions such as -
- Notice to Improve Letters leading to fixed penalty notices for unauthorised absence
- Prosecution under section 444(1A) aggravated prosecution process
- School Attendance Orders
The Education Welfare Service receives referrals from schools regarding pupil school attendance. Schools make the decision whether to authorise absences or not. Any queries regarding absences should be discussed with the school.
Penalty notices are issued for -
- unauthorised attendance
- unauthorised term time holiday
Fines will be capped to 2 fines within any 3 years -
- first set at £160 with an early payment (21 days) option of £80
- second set at a flat rate of £160, no early payment option
Once this limit has been reached, other actions, such as a parenting order or prosecution, will be considered.
There is no right of appeal for a Penalty Notice once issued.
Absence due to holidays or unauthorised absences taken during the school term
If a parent or carer takes their children on holiday during term time, they may be issued with a penalty notice. This is when the school has not authorised the children to be absent. Parents and carers should always seek authorisation from the school before any absence. They need to give the reason for the absence.
Penalty notices for holidays are currently issued for absences of 5 school days or more. The penalty notice is issued for the duration of the holiday. Penalty notices are per child, per parent.
Absences due to medical reasons
If your child is absent from school for a medical reason, you must provide the school with medical evidence to cover the absence.
This can be copies of -
- prescriptions
- letters from GP or other medical professionals
Complaints about the issuing of a school penalty notice
The Education Welfare Service does not deal with complaints about schools. If you want to make a complaint about the issuing of a school penalty notice, contact the school directly.
There is no statutory right of appeal to this Penalty Notice.
If you consider that a notice has been issued to you in error, contact your child's school. Evidence to support your request should be discussed with the school.
If the Penalty Notice is withdrawn, your school will advise the Local Authority. Any legal proceedings will cease. If the Penalty Notice is upheld and you fail to pay, you may be prosecuted for failing to ensure your child’s attendance at school.