Contact:
  • Simon Ratcliff - Children Missing Education Service Manager
  • Address:

    PO Box 25 Riverside Temple Street Keynsham BS31 1DN

  • E-mail:
    CMES@bathnes.gov.uk 
  • Telephone:
    01225-394241
  • Fax:
    01225-394296
  • Minicom:
    n/a
  • Page Updated:
    27/02/2008
  • Author:
    Simon Ratcliff
A to Z Index

Penalty Notices

Information for Parents

What is a Penalty Notice?

Under existing legislation, parents/carers commit an offence if a child fails to attend regularly and the absences are classed as unauthorised (those for which the school cannot or has not given permission).  Depending on circumstances such cases may result in prosecution under Section 444 of the Education Act 1996.

The Anti Social Behaviour Act 2003 introduced the Penalty Notice as an alternative to prosecution. A Penalty Notice does not require an appearance in Court but still aims to secure an improvement in attendance.

Why is it being introduced?

Reducing absence from school is a key priority nationally and locally because missing school damages a pupil’s attainment levels, disrupts school routines and the learning of others and can leave a pupil vulnerable to anti-social behaviour and youth crime.

Above all, missing school seriously affects children’s longer term life opportunities.

How much will it be?

£50 - If payment is made within 28 days. £100 - if paid after this but within 42 days.

How will they be issued?

By post, to the parents home address.

When will they used?

Penalty Notices may be used in to tackle unauthorised absence in the following circumstances:

  • Where the parent has chosen to take their child on holiday during term time without authorisation, especially where the absence will lead to the child missing public examinations i.e. SATs and GCSEs.
  • Where following a truancy sweep, enquiries show that the school has recorded the pupil's absence for that session as unauthorised.
  • In cases where pupils are persistently late for school after the register has closed.
  • In cases where a pupil’s parents fail to work with the school and the Education Welfare Service to improve attendance.

Penalty notices will be issued where a pupil has 10 or more unauthorised absences in the 100 sessions prior to the request for a penalty notice to be issued.

Penalty notices may be issued to any or all parents as defined by section 576 of the Education Act 1996.

Parents will not be issued with more than 2 separate penalty notices per child in any twelve-month period.

The Children Missing Education Service does not take legal action lightly and would far rather work with parents/carers to improve attendance without having to resort to its enforcement powers.  Attendance is of such importance to all of us however that these powers will be used if this will help in securing a child’s education.   

Is a Warning Given?

Normally yes. You should receive a written warning of the possibility of a Notice being issued, which will tell you the extent of your child’s absences and give you 15 school days in which to effect an improvement.  In that time your child must have no unauthorised absences from school. In some circumstances a penalty notice may be issued without a warning being issued.

There is no limit to the number of times formal warning of possible Penalty Notice issue may be made in any particular case.

Is there an appeal process?

There is no statutory right of appeal once a notice has been issued, but on receipt of a warning you can make representation should you wish.  

How do I pay?

Details of payment arrangements will be included on the Penalty Notice. You need to be aware that payment in part or by instalment is not an option with Penalty Notices.

What happens if I do not pay?

You have up to 42 days from receipt to pay the Penalty Notice in full. If full payment is not received within this timescale the Authority is required under the Act to commence proceedings in the Magistrates court for the original offence of poor attendance by your child.

If proven, this can result in fines of up to £2,500 and/or a range of disposals such as Parenting Orders, Community Sentences or imprisonment depending upon circumstances.

Can I be prosecuted if I pay the Penalty Notice but my child is still missing school?

Not for the period included in the Penalty Notice – payment discharges your liability in this respect.  However it may be the case that a prosecution might be considered for further periods of poor attendance not covered by the Notice, depending upon the circumstances.  If this is an issue, it is vital that you work closely with your child’s school and support agencies such as Education Welfare.

Can I get help if my child is not attending regularly?

Yes, your child’s school and the Children Missing Education Service (CMES) will give you advice and support if you need help with your child’s attendance. It is very important that you speak with the school or with the CMES at the earliest opportunity if you have any worries at all about securing your child’s attendance.