Penalty notices information and leave of absence in term time

Penalty notice is a fine given for unauthorised absence from school. It’s an alternative to criminal proceedings and does not require an appearance in court.

The local authority issues them through the school attendance team (SAT), by first class post to parents.

When are they used?

Unauthorised absence: When a pupil has at least 10 unauthorised absence sessions (5 school days) within a 10-school week rolling period. Please note ONLY a Head Teacher can authorise an absence from school.
Unauthorised leave: For an unauthorised leave of absence in term time e.g. a family holiday
Arrive late: When a pupil persistently arrives late to school (after the register closes)
During suspension: When a pupil is found in a public place at any time during school hours in the first five days of a school suspension

Is a warning given?

Not in cases where a leave of absence in term time has been taken without school permission.

In all other cases, a ‘notice to improve’ warning is sent to parents. This notice gives parents 30 days to improve their child’s attendance. A penalty notice will not be issued if the pupil has no unauthorised absences during this notice period.

Who is responsible and what is the fine?

Each parent is individually responsible for the child’s attendance and commits a separate offence if the child does not attend school on a regular basis. You will receive a penalty notice of:

£60 if paid within 21 days
£120 payable if paid within 28 days

From 19 August 2024, the penalty notice has increased to:

For first offence – £80 if paid within 21 days, or £160 if paid within 28 days.
For second offence – £160 if paid within 28 days

If you do not pay the penalty notice after 28 days, you may be prosecuted.

Find out who is defined as a parent on GOV.UK

How is it paid?

Information on how to pay is included with the Penalty Notice. Payment cannot be made in part or by instalments.

Can parents appeal a penalty notice?

No, there is no legal right to appeal a penalty notice once it’s issued. However, if you believe the notice was issued incorrectly according to our penalty notice protocol (PDF), you can send us relevant information or evidence. We will review it and may consider withdrawing it.

What happens if it is not paid?

If it is not paid within the 28 days the Local Authority will commence proceedings in the Magistrates’ Court for the original offence of irregular school attendance not for the non-payment of the Penalty Notice. If proven a fine of up to £2500 and/or a 3-month custodial sentence could be imposed.

Can parents receive more than one Penalty Notice?

Yes. Each parent can receive up to 2 penalty notices in a 3 year rolling period. They are issued per parent per child. There is no limit to the number of notices to improve that can be issued.

Portsmouth Local Authority considers that regular attendance at school is of such importance that Penalty Notices may be used where unauthorised absence occurs.

The Local Authority never takes such action lightly and would far rather that parents work with schools to improve attendance without the Local Authority having to resort to enforcement action. However, attendance is of such importance to all of us, that the Local Authority will take necessary action to secure a child’s education.

Penalty notice – leave of absence in term time

A leave of absence is where parents or carers of a child decide to take their child out of school during term time. This may include holidays, religious observance, child performance and funeral amongst others.

What does the law say?

Regulation 11(1) The School Attendance (Pupil Registration) (England) Regulations 2024 states;

‘leave of absence may only be given by a person who the school’s proprietor has authorised to do so (an “authorised person”)

Schools may therefore grant a leave of absence in term time, but only if they consider it exceptional circumstances.

Any application for a leave of absence must be made in advance and if granted, it is for the school to determine the number of days a pupil can be away from school.

What are exceptional circumstances?

Neither the regulations nor the Department of Education define what might be considered exceptional circumstances.

It may include serious or terminal illness of a close relative, significant family trauma, a major family event like a relatives wedding or a one-off never to repeated experience. These events are examples only and it is for the school to decide if they consider any request to be exceptional circumstances.

How do I make an application for a Leave of Absence?

A leave of absence form (LOAF) can be obtained from schools.

All applications must be made in advance of the leave and parents should give full details as to why they believe the application is exceptional circumstances.

Will my application just be dismissed?

No, all applications must be judged on their own merits. Schools will consider why the application has been made and balance this against the child’s record to ensure it does not have a negative impact on any educational progress.

School can for example take in a range of considerations before making a decision. This may include previous request, current attendance, school policy, attainment and progress, impending tests, exams or significant school events and frequency of applications.

How will I be informed about my application?

Parents will be informed in writing by the school if the leave of absence has been granted or not.

Can I appeal the schools decision?

No, there is no right of appeal, as the discretion to authorise is the schools alone.

Can I get a Penalty Notice if I take the leave without permission?

Yes each parent can receive up to 2 penalty notices in a 3 year rolling period. They are issued per parent per child. There is no limit to the number of notice to improve that can be issued.

Who is responsible and what is the fine?

Each parent is individually responsible for the child’s attendance and commits a separate offence if the child does not attend school on a regular basis.

You will receive a penalty notice of:

£60 if paid within 21 days
£120 payable if paid within 28 days

From 19 August 2024, the penalty notice has increased to:

For first offence – £80 if paid within 21 days, or £160 if paid within 28 days.
For second offence – £160 if paid within 28 days

If you do not pay the penalty notice after 28 days, you may be prosecuted.

Find out who is defined as a parent on GOV.UK

Can I appeal a penalty notice?

Can I speak someone about Penalty Notices?

Yes, we have dedicated members of staff who you can contact on the number below. In addition to this we have additional information on our website.

Contact us

For further queries, email us at schoolattendanceteam@portsmouthcc.gov.uk, or call on 023 9284 1419, or fax on 023 9284 1725.

School attendance team
Floor 2, Core 6
Civic Offices
Portsmouth
PO1 2EA