The Education Act 1996 states that parents must ensure their children of compulsory school age receive appropriate full-time education according to their age, ability and aptitude. Ordinarily, this involves ensuring children attend school regularly and punctually during term time.
The Education (Penalty Notices) (England) (Amendment) Regulations 2024 has made changes to penalty notices issued for unauthorised absences taken after 19 August 2024. The amount payable has increased and there is now a limit on the amount of penalty notices a parent/carer can receive per child within a rolling 3 year period.
Only your child's school can authorise an absence from school. If your child is absent without good reason it will be recorded as unauthorised.
Surrey County Council has a statutory duty to enforce regular school attendance and the Inclusion Service is designated to carry out this duty on their behalf. The Inclusion Service and schools can use various legal powers if your child is missing school without a good reason.
The Department of Educations Guidance on pupil well-being, behaviour and attendance can be found on this link, Pupil wellbeing, behaviour and attendance - GOV.UK (www.gov.uk)
Parents can find advice on how to ensure good attendance on the following page. What can parents do to ensure good attendance at school
Page Contents
- Penalty Notice fine
- Prosecution for failing to ensure regular attendance
- School Attendance Order
- Education Supervision Order
- Help and contacts
Penalty Notice fine
The Education (Penalty Notices) (England) (Amendment) Regulations 2024 has made changes to penalty notices issued for unauthorised absences taken after 19 August 2024. The amount payable has increased and there is now a limit on the amount of penalty notices a parent/carer can receive per child within a rolling 3 year period.
Penalty Notices can be issued to each parent liable for the attendance offence or offences. Under Section 576 of the Education Act 1996 a 'parent' includes any person who is not a parent of the child but who has parental responsibility, or who has care of the child.
Penalty Notices are an alternative to the prosecution of parents for failing to ensure that their child of compulsory school age regularly attends the school where they are registered or at a place where alternative provision is provided.
Penalty Notices can be used where the pupil's absence has not been authorised by the school and there are at least 10 unauthorised absences in a 10 school week period (these absences do not have to be consecutive). Penalty Notices may also be issued where parents allow their child to be present in a public place during school hours without reasonable justification during the first five days of a fixed period or permanent exclusion. The parents must have been notified by the school at the time of the exclusion of this and the days to which it applies.
The amount payable under a Penalty Notice (PN) is as follows per parent, per child
| Absence Category | 0 - 21 Days | 22 -28 Days | More than 28 Days |
|---|---|---|---|
| First Absence since 19 August 2024 | £80 | £160 | Prosecution |
| Second Absence (within 3 years of first Penalty Issue date) | £160 | £160 | Prosecution |
| Third Absence (within 3 years of first Penalty Issue date) | N/A | N/A | Prosecution |
If the penalty notice remains unpaid after 28 days, the Local Authority will consider a prosecution under s444 Education Act 1996.
Prosecution for failing to ensure regular school attendance
A parent is guilty of an offence if their child of compulsory school age who is a registered pupil at a school fails to attend regularly - Section 444(1) Education Act 1996. In such a situation if the parent knows that their child is not attending they may be prosecuted for a more serious offence – Section 444 (1) (a) Education Act 1996.
If prosecuted, you could receive a community order, a fine of up to £2,500 per parent/carer or a custodial sentence.
More information can be found here: The court process - advice to parents
School Attendance Order
A parent who fails to ensure that their child receives an education other than at school and fails to register their child at a school will be served with an Attendance Order requiring them to register the child at a named school.
Failure to comply with an Attendance Order is an offence under Section 443 Education Act 1996.
Education Supervision Order
When it is clear that a parent is fully cooperating with the school and Inclusion Service in trying to ensure their child's regular school attendance and it is the child who is resisting these attempts, the Local Authority may apply to the Family Law Court for an Education Supervision Order in respect of the child under Section 36 Children Act 1989.
An Education Supervision Order is a court order that formalises the plan drawn up by the Inclusion Service in partnership with the child, parents and school as well as other agencies if appropriate, to bring about a return to regular school attendance.
Help and contacts
The legal process is dealt with by Court Presentation Officers. There are two Court Presentation Officers that work with schools based on the East and West side of Surrey.
West Surrey:
Anna Sole, Assistant Court Presentation Officer, Inclusion Service, Surrey County Council, Quadrant Court, 35 Guildford Road, Woking GU22 7QQ
Tel: 01483 517874
East Surrey:
Catherine Jones, Court Presentation Officer, Inclusion Service, Surrey County Council, Woodhatch Place, 11 Cockshot Hill, Reigate RH2 8EF
Email: ews.enforcement@surreycc.gov.uk
You can also send us your comments and compliments or complain about our services.
Files available to download
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Surrey County Council - Code of Conduct for the use of Penalty Notices in cases of non-attendance at school (PDF)
Surrey County Council's Code of Conduct for the use of Penalty Notices in Cases of Non-Attendance at School.
