School Attendance Fines (England)

Understanding Penalty Notices, Your Rights, Attendance Support, Appeals, Evidence & Accountability

Regular school attendance is important for children's education, 
wellbeing and long-term outcomes. Schools, families, local authorities and other services are expected to work together to support good 
attendance.

Where there is unauthorised absence, local authorities in England may issue Penalty Notices (school attendance fines) to parents. However, national guidance emphasises that schools and councils should take a support-first approach, identifying and addressing barriers to 
attendance before enforcement wherever appropriate.

Important: Attendance laws and penalty systems differ in Scotland, Wales and Northern Ireland. This guide focuses primarily on England.

1. What Are School Attendance Fines?

A school attendance fine (Penalty Notice) is a financial penalty that may be issued to a parent when a child has unauthorised absences from school.

Unauthorised absence may include:

  • Unapproved term-time holidays
  • Repeated unauthorised absences
  • Persistent unauthorised lateness (where local criteria are met)
  • Other unauthorised absence under attendance regulations

A fine is not automatic every time a child misses school.

Schools and local authorities should first consider:

  • Why the child is absent
  • Whether support has been offered
  • Whether SEND, disability or health needs are affecting attendance
  • Whether safeguarding concerns exist

 

2. Current National Penalty Notice Rules (England)

Since 19 August 2024, England has operated a national framework for school attendance penalty notices.

First Penalty Notice

  • £80 per parent, per child if paid within 21 days
  • Increases to £160 if paid between 22 and 28 days

Second Penalty Notice

If issued for the same child within three years:

  • £160 per parent, per child
  • No early payment discount

Third Offence

A third penalty notice cannot usually be issued for the same child within the rolling three-year period.

Instead, the local authority may consider:

  • Prosecution
  • Parenting Orders
  • Education Supervision Orders
  • Other legal interventions

 

3. When Can a Fine Be Considered?

Under the national framework, a penalty notice should normally be considered where a child has:

  • 10 unauthorised sessions (equivalent to 5 school days) within a rolling 10 school-week period

The absences may be:

  • Consecutive
  • Non-consecutive
  • A combination of unauthorised absence and certain unauthorised late arrivals

Local authorities still consider the individual circumstances before deciding whether to issue a notice.

 

4. Authorised vs Unauthorised Absence

Authorised Absence

Examples may include:

  • Genuine illness
  • Medical appointments
  • Religious observance
  • Approved exceptional circumstances
  • Certain unavoidable events

Unauthorised Absence

Examples may include:

  • Holidays during term time without approval
  • Keeping a child home without a valid reason
  • Persistent unexplained absence
  • Certain avoidable late arrivals

Only the school can authorise or unauthorise an absence, following attendance regulations and Department for Education guidance.

 

5. Holidays During Term Time

Parents should avoid booking holidays during school term unless there are exceptional circumstances.

Schools are generally unable to authorise family holidays simply because travel is cheaper or more convenient during term time.

If leave is refused and a child is absent, it may be recorded as unauthorised and could contribute towards a penalty notice.

6. Attendance Support Before Enforcement

Government guidance encourages schools to work with families before legal action where possible.

Support may include:

  • Attendance meetings
  • Early Help referrals
  • Pastoral support
  • SEND reviews
  • Mental health support
  • Medical support planning
  • Reintegration plans
  • Family support services
  • Multi-agency working

The aim is to understand and reduce barriers to attendance.

 

7. SEND, Disability and Attendance

Attendance difficulties may be linked to:

  • Autism
  • ADHD
  • Developmental Language Disorder
  • Learning disabilities
  • Anxiety
  • Depression
  • EBSA (Emotionally Based School Avoidance)
  • Physical disabilities
  • Sensory needs
  • Chronic illness

Schools should consider whether:

  • SEN Support is appropriate
  • Reasonable adjustments are required
  • An EHCP needs assessment should be requested
  • Specialist services should become involved

Attendance concerns should not be viewed in isolation where there are underlying educational, medical or disability-related needs.

Useful resources:

 

8. Mental Health and Attendance

Mental health can significantly affect attendance.

Possible factors include:

  • Anxiety
  • Depression
  • Panic attacks
  • Trauma
  • Bullying
  • School-related stress
  • EBSA

Where mental health is affecting attendance, schools should consider appropriate support rather than relying solely on enforcement.

Useful resources:

 

9. Medical Needs

Children with significant health needs may require:

  • Individual healthcare plans
  • Flexible attendance arrangements
  • Alternative education
  • Hospital education
  • Home tuition
  • Reduced timetables (where appropriate and regularly reviewed)

Useful resource:

 

10. If You Receive a Penalty Notice

If you receive a penalty notice:

  • Read it carefully.
  • Check the dates and reasons.
  • Keep copies of all documents.
  • Pay within the required timescale if you decide not to challenge the circumstances through available routes.
  • Seek advice if you believe there has been an error or important information was not considered.

Failure to pay may result in prosecution for the underlying attendance offence.

 

11. Legal Rights

Parents and children have legal rights relating to:

  • Fair decision-making
  • Appropriate attendance support
  • SEND Support
  • Reasonable adjustments
  • Protection from disability discrimination
  • Suitable education
  • Access to complaints procedures
  • Data protection
  • Access to educational records

Relevant legislation includes:

  • Education Act 1996
  • Children and Families Act 2014
  • Equality Act 2010
  • Human Rights Act 1998
  • Data Protection Act 2018
  • UK GDPR

Useful resources:

 

12. Evidence Standards

If attendance concerns arise, keeping good records can be helpful.

Useful evidence may include:

  • Medical certificates or letters
  • GP or consultant reports
  • CAMHS or mental health reports
  • Attendance records
  • School emails
  • Meeting notes
  • EHCP documents
  • SEN Support Plans
  • Records of bullying
  • Parent diary
  • Appointment letters
  • Copies of leave requests
  • Correspondence with the school

Evidence should be:

  • Accurate
  • Dated
  • Relevant
  • Organised
  • Child-focused

 

13. Accountability & Complaints

If you believe attendance concerns have not been managed fairly:

Step 1

Discuss concerns with:

  • Class teacher
  • Attendance Officer
  • Headteacher
  • SENCO (where relevant)

Step 2

Request written reasons for decisions.

Step 3

Use the school's complaints procedure.

Step 4

Contact the local authority attendance team.

Step 5

Seek independent advice if needed.

Useful organisations:

 

14. Advocacy & Independent Support

Families may find support from:

 

15. Quick Help Directory

School Attendance Guidance

Attendance Support

Medical Needs

SEND

Independent Advice

 

Key Message

School attendance is important, but the focus should always be on understanding why a child is absent and providing appropriate support. National guidance in England expects schools and local authorities to work with families to remove barriers to attendance before considering enforcement wherever possible. Where absence is linked to SEND, disability, mental health, bullying or medical needs, these factors should be carefully considered. Families should keep clear records, communicate with the school, seek support early and understand their rights if attendance concerns or penalty notices arise.

 

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