Parents and carers will find answers to queries in our Penalty Notice guide.
Your child must start full-time education once they reach compulsory school age. This is on 31 December, 31 March or 31 August following their fifth birthday, whichever comes first. If your child’s fifth birthday is on one of those dates then they reach compulsory school age on that date.
Only children of compulsory school age fall within the scope of the penalty notice Code of Conduct.
You could be issued with a penalty notice if your child misses school without permission.
Legal action may be taken if a family goes on holiday during term time without the School's permission.
Reasons for penalty notices include:
- truancy
- unauthorised absence
- your child was identified during a school attendance and exclusion sweep
- holidays in term time without permission
- excluded pupils found in a public place during the first 5 days of exclusion
Penalty notices will be issued for a child or young person missing 10 unauthorised sessions for any reason (equivalent to 5 school days). This does not have to be a continuous week. It could be 10 sessions within a rolling 10 school week period (a school week is any week where school meets at least once). They do not have to occur in the same term, or even the same academic year.
How much a penalty notice costs
Penalty fines cost:
- £80 per child, per parent, if you pay within 21 days
- £160 per child, per parent if you pay within 28 days*
You could be prosecuted if you don’t pay the fine after 28 days.
Penalty notices are sent by post.
Fines are payable to Cornwall Council. All penalty notice fine payments are retained by Cornwall Council. They are used for the purposes of administering the local penalty notice scheme.
*For a week's holiday, with 2 parents and 2 children, the fine is £320, or £640 if you do not pay within 21 days.
How to pay
You can pay by credit or debit card by calling us on 01872 324201.
You will need your Penalty Notice Reference Number. You can find this on the letter notifying you of the penalty notice.
Withdrawal of a penalty notice
A penalty notice can only be withdrawn if it:
- contains errors
- is shown that it should not have been issued
- did not follow the Cornwall Code of Conduct for issuing penalty notices
Appeal a penalty notice
There is no right of appeal against a penalty notice. Contact your child's school if you think a penalty notice should not have been issued.
Repeat offences
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.
Legal action to enforce school attendance
We can take legal action against you if your child does not go to the school where they are registered.
We have a duty to ensure registered pupils attend school regularly. If your child does not go to the school where they are registered, we can take legal action against you.
GOV.UK has more on what legal action could be taken against you.
Authorised absence
If you want to request an absence for your child, you must apply to the school. They will have Exceptional Circumstances / Absence Request form you need to fill in. This must be done before the absence. Your child’s Head Teacher will make a decision whether to allow the absence. Do not assume that permission will be given.
Changes to the Penalty Notice Framework
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 new system is as described above.
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