This information is aimed at school staff, referencing school attendance legislation and includes access to our Code of Conduct, protocol and online referral form.
The law requires parents and carers to make sure that their children receive a full-time education suitable to their needs.
The role of school staff is to ensure that the school is a calm, safe, and supportive environment where all pupils want to be and are keen and ready to learn, which is the foundation of securing good attendance.
Where all voluntary support options are unsuccessful or are not appropriate (e.g. an unauthorised holiday in term time) a school can liaise with Attendance Team to take forward attendance legal intervention to formalise support and/or enforce attendance.
All schools are urged to consult the Attendance Team Guidance which provides detailed advice in relation current guidance and expectations for schools in respect of attendance.
School staff should also consult the government guidance Working Together to Improve Attendance (applies from 19 August 2024) to ensure they are acting in accordance with the guidelines as a school.
The legislation underpinning the statutory functions of the Local Authority (LA) for school attendance of children of compulsory school age is contained in the following Acts.
Section 7 of the Education Act 1996 lays a duty on parents to ensure that their child receives an efficient, full-time education, which is suitable to their age, ability, aptitude and any special needs that they may have. Parents may be prosecuted if they fail to ensure their child receives an education.
The following sections apply:
The only grounds for challenge / statutory defences in law to an offence under Section 444 are:
Section 437 - This section is concerned with a child of compulsory school age who is not on a school roll. If the LA is not satisfied that the child is receiving suitable education either by regular attendance at school or otherwise, a School Attendance Order will be served on the parent requiring him/her to cause the child to become a registered pupil at a school named in the Order.
Section 23 of the Anti-Behaviour Act 2003 empowers designated local authority (LA) officers, Headteachers (Deputy and Assistant Headteachers authorised by them) and the police to issue penalty notices in cases of unauthorised absence from school, as an alternative to prosecution in the Magistrates Court for non-school attendance.
The Education Penalty Notices (England) Regulations 2004 came into force on 27 February 2004 - the Penalty Notices supplement the existing sanctions currently available under Section 444 Education Act 1996 or Section 36 Children Act 1989 to enforce attendance at school where appropriate.
In law, an offence occurs if parents fail to secure their children’s attendance at school and that absence is not authorised by the school.
The issuing of penalty notices must conform to all requirements of the Human Rights Act and equal opportunities legislation, and be based on clear threshold criteria which will need to be applied consistently and equitably across the county's schools. The LA has the prime responsibility for developing the protocol within which all partners named in the act will operate.
The issuing of penalty notices will be based on clear threshold criteria which will need to be applied consistently and equitably across the county's schools. Any person authorised to issue a notice in Leicestershire must comply with the guidance set out in this code of conduct.
The Attendance Team delivers this LA responsibility.
Parents and pupils are supported at school and LA level to overcome barriers to regular attendance through a wide continuum of assessment and intervention strategies.
Sanctions of any nature are for use only where parental co-operation in this process is either absent or deemed insufficient to resolve the presenting problem.
Sanctions are never used as a punishment, only as a means of enforcing attendance where there is a reasonable expectation that their use will secure an improvement.
Schools and parent are advised to consult the current government guidance Working together to improve school attendance (GOV.UK).
As of the 19 August 2024, the full penalty of £160 per parent per child is imposed, but if paid within 21 days of receipt of the notice the amount payable is £80 per parent.
If the notice has not been paid in full by 28 days of receipt the council must either prosecute for the offence or withdraw the notice.
This prosecution is for the offence of failing to secure attendance at school not for non-payment of the fine. Prosecutions are brought under Section 444 Education Act 1996.
Withdrawal of the notice can only take place in very limited circumstances as set out in this code of conduct.
A Penalty Notice may only be issued by Authorised LA staff. In Leicestershire this will be members of the Attendance Team.
Headteachers and school staff authorised by them (this is limited by regulation to deputy and assistant heads) but may request the Attendance Team to issue a notice, however the Attendance Team will need to consider their own protocol and recent government guidance, along with the circumstances of the matter, when considering such a request.
A police officer during a truancy sweep under the provision of the Crime and Disorder Act 1998 may request the Attendance Team to write a notice.
A penalty notice can only be issued when a school becomes aware that the national threshold has been met, they must consider whether a penalty notice can and should be issued or not. The national threshold has been met when a pupil has been recorded as absent for 10 sessions (usually equivalent to 5 school days) within 10 school weeks, with one of, or a combination of the following codes:
(a) code G (the pupil is absent without leave for the purpose of a holiday),
(b) code N (the circumstances of the pupil’s absence have not yet been established),
(c) code O (none of the other rows of Table 3 in regulation 10(3) of the School Attendance (Pupil Registration) (England) Regulations 2024 applies), and
(d) code U (the pupil attended after the taking of the register ended but before the end of the session, where no other code applies)
For each case, a school should ask "Is support appropriate for the particular cause (or causes) of absence?"
Once issued a penalty notice may only be withdrawn by the LA in the following circumstances:
There is no statutory right of appeal against the issuing of a penalty notice.
The parent will be advised, when they receive the warning that they may make representation to the Head teacher and/or the Governing Body, setting out reasons why they should not be issued.
Arrangements for payment will be detailed on the penalty notice. The majority of Penalty Notices are now paid online.
Payment of the notice discharges the parent's liability for the period in question and they cannot be subsequently prosecuted under other enforcement powers for the period covered by the notice.
The LA retains any revenue from any penalty notice to cover enforcement costs. It is unlikely that revenue will be greater than enforcement costs.
If revenue is greater than enforcement costs that sum is held by central government.
Non-payment of a penalty notice will result in the withdrawal of the notice and will trigger the prosecution process under the provisions of Section 444 Education Act 1996. The matter will be referred to the Magistrates Court to be dealt with under the Single Justice Procedure.
We require all referrals to be sent electronically, using the online referral link below.
