IMPORTANT CHANGES TO THE LAW REGARDING PENALTY NOTICES FOR UNAUTHORISED ABSENCE FROM SCHOOL

A new National Framework for Penalty Notices for school absence, including unauthorised holiday absence, is being introduced following changes to the law. These new Government regulations will come into effect from 19 August 2024, and we wanted to bring this to your attention now, as it will affect when penalty notices are issued in Wigan.

In line with the Working together to improve school attendance (applies from 19 August 2024) (publishing.service.gov.uk), Wigan Council will prioritise the ‘support first’ approach expecting that support will have been offered to families in cases where it is appropriate, and parents/carers are encouraged to communicate with the school should any support be required to improve attendance.

Penalty Notices are requested by schools and academies and issued by the Local Authority to the parents/carers of statutory school age children, per parent, per child. For example: two children in a family absent from school for a leave of absence may result in each parent receiving a Penalty Notice for each child at the below rates.

What are the changes?

1. There will be a new national threshold of 10 unauthorised sessions for any reason (equivalent to 5 school days) within a rolling 10 school week period for when a penalty notice must be considered.
2. The new rules mean you will no longer be able to take your child out of school for one week’s holiday
without a penalty notice being issued.
3. 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.
4. 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.
5. If a parent then commits a third offence in a 3-year rolling period, the local authority will need to consider other enforcement options available to them.

We would like to thank parents and carers for their support in making sure that children do not miss any learning time.

FAQs

If I 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 who has day-to-day care of the child is also considered to be a parent whether they are the biological parent or not. For example, this will include step-parents and partners.

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.

How do I request for my child to have leave granted during term time?

You must submit an Absence Request form at least 20 days before the proposed absence. It will be for your child’s Head Teacher to decide as to whether there are exceptional circumstances that will allow them to grant the time off. 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 to the parent/carer?

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.

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.