A new National Framework for Penalty Notices for school absence was introduced by the Government on 19 August 2024. This includes unauthorised holiday absence. The changes will affect when penalty notices are issued in Cornwall.
Summary of the changes
There is a new national threshold for when a penalty notice must be considered. This is:
- 10 unauthorised sessions for any reason (equivalent to 5 school days)
- within a rolling 10 school week period (a school week is any week where school meets at least once)
The new rules mean that if you take one week’s holiday during term time there must now be the consideration of a penalty notice being issued.
There will be an increase in the penalty fine from £60 to £80 if paid in 21 days. If the fine is not paid by the first 21 days, it will rise to £160 if paid within 28 days of being issued.
If a second penalty fine is issued to:
- the same parent
- for the same child within a 3-year rolling period
the fine will automatically rise to £160 with no option to pay the lower rate of £80.
If a parent commits a third offence in a 3-year rolling period, other enforcement options will be considered. This could include prosecution.
Common questions about the changes
If you have been issued with a penalty notice before 19 August 2024.
Q - Will this be counted if I am issued with another penalty notice from September onwards
A - No, the new limits come into effect from 19 August 2024.
If you have already booked a holiday for next year
Could I receive a penalty fine at the new higher rate
Yes, if the absence has not been authorised by the Head Teacher of your child’s school. Remember, only a Head Teacher can agree whether an absence can be authorised in exceptional circumstances.
Who can be issued with a penalty notice
- Each parent can receive a fine for each child who has had unauthorised absence from school
- In education law, anyone who:
- lives with a child, and
- has day-to-day care of the child is also considered to be a parent whether they are the biological parent or not. This will include step-parents and partners
- Penalty notices are issued per parent, per child. Therefore, if there are:
- two parents, and
- two children
the fines will total £320, if paid within 21 days. This increases to £640 if paid after 21 days but within 28 days (or for a second offence)
Do the new rules only apply to holidays during term time
No, it applies to all unauthorised absence from school, including holidays. Unauthorised absence includes other absence that has not been agreed such as:
- truancy
- arriving late after the register has closed, and
- failing to provide reasons for absence
I want to request for my child to have leave granted during term time
You must submit an Exceptional Circumstances / Absence Request form before the proposed absence. It will be for your child’s Head Teacher to make a decision as to whether there are exceptional circumstances that will allow them to grant the time off. You should request this from your child’s school. Do not assume that the absence will be granted until you have received confirmation from the school.
Do the 10 sessions of unauthorised absence have to be taken all at the same time before a penalty fine is issued
No, a penalty fine can be issued for any combination of absences over a 10-week rolling period. They can be consecutive or non-consecutive and can span over two terms (including between academic years).
What happens if I am issued with a penalty fine and I don’t pay it
Unauthorised absence from school is an offence under S444 of the Education Act 1996. A penalty fine is an opportunity for you to settle out of court. If you don’t take this opportunity, you can be prosecuted for the offence of failing to ensure your child’s regular attendance.
What should I do if I am worried about my child’s attendance
In the first instance you should contact your child’s school and ask for advice on how they can support you to improve the situation.