A Penalty Notice is an alternative to prosecution and requires the parent(s) to pay a fixed amount as a fine for their child’s irregular attendance and avoid a court appearance. It is issued per parent, per child. Please note only a Head Teacher can unauthorise an absence from school.

North Northamptonshire issues these through the Educational Inclusion and Partnership Team

When a pupil has a minimum of 10 school sessions (5 days consecutive) recorded as unauthorised in a 10 school week period, a school day is two sessions AM and PM. This includes any absence marked in the register as unauthorised. Persistent late arrival at school after the register has been taken and is recorded as an unauthorised absence. An absence in term time which has not been authorised by the Head Teacher. The government has directed that Head Teachers may only grant leave in exceptional circumstances. Penalty notices can also be used during the first 5 days of exclusion. 

Please note if the school refers a period of absence that is longer than 15 consecutive school days, the Educational and Inclusion Partnership team may consider a PN not appropriate. In these instances, the matter may proceed to a prosecution. Determination about whether it is appropriate to use a penalty notice will be based on the individual circumstances of each case. If a parent knows that their child is failing to attend school regularly and there is reasonable justification for not ensuring that their child attends, then it is for the parents/carers to prove that reasonable justification.

Information received from North Northamptonshire Council states that we need to report to them all parents and carers who take their child out of school for 5 days (10 sessions) or more if the absence is recorded as unauthorised. Unauthorised absences that are either consecutive or over a 10-week period will be reported.

NNC states that following the referral, parents and carers could be issued with a Penalty Notice. A PN can also be issued as a sanction for irregular attendance.

· The first penalty notice issued to a parent in respect of a particular pupil will be charged at £160 if paid within 28 days. This will be reduced to £80 if paid within 21 days.

• A second penalty notice issued to the same parent in respect of the same pupil is charged at a flat rate of £160 if paid within 28 days.

• A third penalty notice cannot be issued to the same parent in respect of the same child within 3 years of the date of issue of the first. In a case where the national threshold is met for a third time (or subsequent times) within those 3 years, alternative action should be taken instead. This will often include considering prosecution, but may include other tools such as one of the other attendance legal interventions.

If you don’t pay within the 28 days, the Authority will consider instigating a prosecution in the Magistrates Court for the offence of poor school attendance. If proven, this could result in a fine of up to £1000 per parent per child and/or a parenting order or a community service order and also costs.

There is no statutory right of appeal once a Notice has been issued.

You cannot be prosecuted for the period of absence identified in the Fixed Penalty Notice. You may subsequently be prosecuted for further periods of unauthorised absence from school. Each case is considered on an individual basis. School staff would much rather work with parents/carers to resolve poor attendance than resort to enforcement actions like Fixed Penalty Notices or Court