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School Attendance Fines (England)

Regular school attendance is important for children's education, wellbeing and long-term outcomes.

About this guide

Regular school attendance is important for children's education, wellbeing and long-term outcomes.

RIGHT FIRST TIME UK • SCHOOL ATTENDANCE & FAMILY RIGHTS
Understanding Penalty Notices, Your Rights, Attendance Support, SEND, Medical Needs, 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 and identify barriers when attendance begins to fall.

Where there is unauthorised absence, an authorised officer may issue a Penalty Notice, commonly called a school attendance fine.

However, reaching the national absence threshold does not automatically mean a fine must be issued. It triggers consideration of whether a Penalty Notice is appropriate.

National attendance guidance follows a support-first approach where support is appropriate, while still allowing enforcement where support has failed, has not been engaged with or is not appropriate.

Important: this guide focuses on England. Attendance law and enforcement systems are different in Wales, Scotland and Northern Ireland.

Current Position — September 2026

England has had a national penalty-notice framework since 19 August 2024.

The framework introduced:

  • A national threshold for considering Penalty Notices
  • Higher penalty amounts
  • A two-notice limit within a rolling three-year period
  • Notices to Improve where support is appropriate
  • A stronger support-first approach

The current statutory attendance guidance was most recently updated in July 2026.

1. What Are School Attendance Fines?

A school attendance fine is formally known as a Penalty Notice.

It is a financial penalty connected with an alleged failure to secure the regular attendance of a compulsory school-age child who is registered at school.

A Penalty Notice may be issued to each parent considered liable for the offence.

“Parent” has a wider meaning in education law than biological parent alone.

Depending on the circumstances, it can include a biological parent, someone with parental responsibility and a person who has care of the child.

Unauthorised absence that may contribute can include

Term-Time Leave

  • Unapproved holidays
  • Leave taken after permission was refused

Repeated Absence

  • Unexplained absence
  • Absence not accepted as authorised

Late After Register Closes

Certain late marks recorded after the register has closed can count as unauthorised absence.

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

Schools and local authorities should consider the circumstances, whether attendance support is appropriate and whether a Penalty Notice is the correct intervention.

2. Current National Penalty Notice Amounts

First Penalty Notice

For the same parent and same child:

£80 if paid within 21 days.

If it is not paid within 21 days, the amount becomes £160 and must be paid within 28 days of issue.

Second Penalty Notice

Where a second attendance-related Penalty Notice is issued to the same parent for the same child within the rolling three-year period:

£160

There is no £80 early-payment reduction.

Third Attendance Offence

A third attendance-related Penalty Notice cannot be issued to the same parent for the same child within the relevant three-year period.

The local authority may instead consider another legal intervention, including prosecution.

The fine is per parent, per child.

This can mean more than one Penalty Notice in a family.

For example, where two parents are liable for two children, separate notices may potentially be issued in respect of each parent and each child.

3. When Can a Fine Be Considered?

England has a national threshold for attendance-related Penalty Notices.

The national threshold is 10 unauthorised school sessions within a rolling period of 10 school weeks.

Ten sessions will usually equal five full school days.

Consecutive Absence

For example, five full days of unauthorised absence can amount to ten sessions.

Separate Absences

The sessions do not need to happen consecutively.

Different Types

Different types of unauthorised absence can combine towards the threshold.

The rolling ten-school-week period can cross school terms and may also cross school years.

Meeting the threshold means a Penalty Notice must be considered — not automatically issued.

Decision-makers should consider the individual case and whether attendance support is more appropriate.

4. Notice to Improve

A Notice to Improve can be an important stage before a Penalty Notice.

A Notice to Improve is intended to provide a final opportunity for a parent to engage with attendance support before a Penalty Notice is issued.

It will usually be considered where:

  • The national threshold has been reached
  • Support is appropriate
  • Support offered has not been engaged with
  • Or support has not successfully improved attendance
A Notice to Improve is not required in every case.

It may not be appropriate for some cases, particularly where support would not address the reason for the absence.

Unauthorised term-time holiday cases are a common example where authorities may decide that attendance support is not appropriate before considering a Penalty Notice.

If You Receive a Notice to Improve

  • Read it carefully
  • Check the dates and absence codes
  • Respond promptly
  • Explain any barriers to attendance
  • Ask what support remains available
  • Provide relevant evidence
  • Attend offered meetings
  • Keep copies of correspondence

5. Authorised and Unauthorised Absence

Schools must record attendance and absence using the statutory attendance codes.

Whether an absence is authorised depends on the legal category and circumstances.

Absence That May Be Authorised

  • Illness
  • Necessary medical or dental appointments
  • Certain religious observance
  • Leave granted in exceptional circumstances
  • Other absence covered by a statutory attendance code

Absence That May Be Unauthorised

  • Term-time holiday without permission
  • Leave where permission was refused
  • Unexplained absence
  • Absence without an accepted reason
  • Late arrival after the register closes
Illness can include physical and mental-health illness.

Schools should record an absence appropriately where a pupil cannot attend because of illness.

Schools are not expected to routinely demand medical evidence for every illness absence.

Current attendance guidance says that, in most cases, a parent's notification that the child is too ill to attend can be accepted.

Medical evidence may reasonably be requested where the school has genuine doubt or needs clarification about how the absence should be recorded.

Where evidence is requested, schools should not be rigid about its form.

6. Holidays and Leave During Term Time

Parents should not normally take children on holiday during school term time.

A holiday is generally not regarded as an exceptional circumstance.

Cheaper flights, accommodation prices or convenience will not normally justify authorised term-time leave.

A headteacher may grant leave of absence where they consider exceptional circumstances exist.

The decision should be made on the individual facts of the request.

Before Booking Leave

Check school dates.
Apply for leave before the proposed absence.
Explain any exceptional circumstances clearly.
Wait for the school's decision before making avoidable commitments where possible.

Where leave is refused and the child is nevertheless absent, the sessions may be recorded as unauthorised and contribute towards the national Penalty Notice threshold.

7. Attendance Support Before Enforcement

Where support is appropriate, the current national approach expects schools and councils to understand and address barriers to attendance.

Attendance Support

  • Attendance meetings
  • Written attendance plans
  • Regular review
  • Attendance lead involvement

SEND Support

  • SENCO review
  • SEN Support
  • Reasonable adjustments
  • Professional assessment

Mental Health

  • Pastoral support
  • School mental-health support
  • GP involvement
  • NHS referral where appropriate

Family Support

  • Early Help
  • Family support
  • Multi-agency meetings
  • Local authority services

Reintegration

  • Gradual return
  • Safe arrival plan
  • Trusted adult
  • Individual timetable planning

Medical Support

  • Individual healthcare planning
  • Health-professional advice
  • Alternative education where required
Support first does not mean enforcement can never happen.

Statutory guidance allows legal intervention where support has not worked, has not been engaged with or is not appropriate.

8. SEND, Disability and Attendance

Attendance difficulties should not be considered in isolation where a child has or may have SEND or a disability.

Neurodevelopmental

  • Autism
  • ADHD
  • Developmental Language Disorder

Learning

  • Dyslexia
  • Learning disability
  • Other learning needs

Emotional / Mental Health

  • Anxiety
  • Depression
  • EBSA
  • Trauma

Physical

  • Physical disability
  • Mobility difficulties
  • Fatigue

Sensory

  • Hearing impairment
  • Visual impairment
  • Sensory processing difficulties

Medical

  • Chronic illness
  • Complex medical needs
  • Recurring treatment

Schools Should Consider

  • Whether SEN Support is needed
  • Whether existing support needs reviewing
  • Whether reasonable adjustments are required
  • Whether specialists should become involved
  • Whether an EHC needs assessment is appropriate
  • Whether attendance strategies need adapting
Disability-related barriers can require reasonable adjustments.

Schools must not unlawfully discriminate against disabled pupils.

9. Mental Health and Attendance

Mental-health difficulties can significantly affect a child's ability to attend school.

Possible Difficulties

  • Anxiety
  • Depression
  • Panic attacks
  • Trauma

School Factors

  • Bullying
  • Academic pressure
  • Exam stress
  • School-related anxiety

Possible Support

  • Pastoral support
  • Trusted adult
  • GP support
  • NHS mental-health services
Mental-health illness can be a genuine illness absence.

DfE guidance says schools should authorise absence where a pupil cannot attend because of illness, including physical or mental-health-related illness.

Medical evidence should not routinely be demanded for every one-off mental-health absence.

10. Medical Needs and Education

Children with significant health needs may require additional arrangements so that illness does not prevent them receiving suitable education.

At School

  • Individual healthcare plan
  • Medication arrangements
  • Rest breaks
  • Accessibility support

Flexible Provision

  • Temporary timetable adjustments
  • Remote education where appropriate
  • Reintegration planning

Outside School

  • Home teaching
  • Hospital education
  • Alternative provision
England has a specific local-authority duty concerning children who cannot attend because of health needs.

Where a compulsory-school-age child would otherwise not receive suitable education because of illness, the local authority may have to arrange suitable education under section 19 of the Education Act 1996.

The 15-day guidance is important.

DfE statutory guidance says that as soon as it is clear a child will be away from school for 15 school days or more because of health needs, whether consecutively or cumulatively during the school year, the local authority should arrange suitable alternative provision where suitable education is not otherwise being provided.

11. If You Receive a Penalty Notice

Do not ignore it.

Read the notice carefully.

Check who it has been issued to, the child's details, dates and alleged absence.

Compare it with the attendance record.

Ask the school for the relevant attendance information if necessary.

Check the absence codes.

Consider whether the sessions identified as unauthorised are correct.

Check evidence you previously supplied.

This may include illness evidence, emails, appointments or approved leave.

Contact the issuing authority promptly if you believe there is an error.
Seek advice before deciding not to pay.

Non-payment can result in prosecution for the underlying attendance offence.

There is no general statutory right of appeal against a Penalty Notice once it has been issued.

This is different from many other types of fines.

However, Penalty Notices can be withdrawn in certain circumstances, for example where they were issued in error or should not have been issued under the applicable rules.

Check the local authority's Penalty Notice code of conduct and contact the issuing authority immediately if you believe a mistake has occurred.

Do not simply refuse payment as a substitute for legal advice.

If a Penalty Notice remains unpaid, the local authority may prosecute the original attendance offence.

12. What Can Happen if a Fine Is Not Paid?

A Penalty Notice is designed as an alternative to prosecution.

If it is paid correctly within the required period, liability for prosecution for the offence covered by that notice is discharged.

If the Penalty Notice is not paid, the local authority may prosecute the underlying attendance offence in the Magistrates' Court.

Section 444(1)

A parent can potentially be prosecuted for failing to secure the regular attendance of a registered pupil.

More Serious Proceedings

More serious attendance proceedings can carry larger penalties.

GOV.UK warns that court proceedings can result in a fine of up to £2,500, a community order or, for the aggravated offence, imprisonment of up to three months.

Court proceedings are more serious than the original Penalty Notice.

Seek legal advice promptly if prosecution papers, a summons or other formal legal documents are received.

13. Legal Rights

Attendance enforcement does not remove other legal duties owed to a child.

Education Act 1996

Contains core education and attendance duties, including parental duties and local-authority duties.

Children and Families Act 2014

Contains the main statutory SEND framework for England.

Equality Act 2010

Protects disabled pupils from unlawful discrimination and includes reasonable-adjustment duties.

Human Rights Act 1998

Human-rights principles can apply to decisions by public authorities.

Data Protection Act 2018 & UK GDPR

Families have information rights concerning personal data held about them and their child.

Safeguarding

Attendance action must not replace proper investigation of bullying, abuse or other safeguarding concerns.

Relevant Rights May Include

  • Appropriate SEND Support
  • Reasonable adjustments
  • Protection from discrimination
  • Suitable education
  • Access to complaints procedures
  • Access to relevant records
  • Fair consideration of relevant evidence
  • Safeguarding support where required

14. Evidence Standards

Good records can be extremely important where attendance is disputed or enforcement is being considered.

Medical Evidence

  • Hospital letters
  • GP information
  • Consultant reports
  • Appointment letters
  • Prescriptions where relevant

Mental Health

  • CAMHS information
  • Counselling records
  • GP notes
  • Mental-health reports

Attendance

  • Attendance printout
  • Absence codes
  • Lateness records
  • Penalty Notice documents

SEND

  • EHCP documents
  • SEN Support Plans
  • Professional assessments
  • Reasonable-adjustment requests

School Communication

  • Emails
  • Letters
  • Meeting notes
  • Attendance-plan documents

Other Evidence

  • Bullying reports
  • Parent diary
  • Leave requests
  • School responses
  • Records of support requested
Evidence should be factual, dated, relevant and child-focused.

Keep original documents where possible and store copies of important emails and letters.

A Useful Attendance Record Can Show

Date

When did the absence occur?

Reason

Why was the child unable to attend?

School Contact

When and how was the school informed?

Support

What support was requested or offered?

15. Accountability & Complaints

If you believe attendance concerns have not been managed fairly, identify whether your concern is about:

  • The school's attendance coding
  • The support offered
  • SEND provision
  • Disability discrimination
  • The local authority's actions
  • The accuracy of the Penalty Notice
Raise the concern with school.

This may include the class teacher, attendance lead, headteacher or SENCO.

Ask for written reasons.

Ask how absences were coded and what evidence was considered.

Use the school's complaints procedure where appropriate.
Contact the local authority attendance team.

This is particularly important where the Penalty Notice itself was issued by the local authority.

Ask for the local Penalty Notice code of conduct.

It should explain how the national framework is applied locally.

Seek independent advice where necessary.
Remember: there is no statutory appeal procedure for a Penalty Notice.

A complaint about attendance handling or a request to correct an error is different from a formal statutory appeal.

The Ombudsman has a different role.

The Local Government and Social Care Ombudsman may be able to investigate certain complaints about council maladministration after the appropriate complaints process has been used.

It is not a general appeal body for Penalty Notices and cannot replace court proceedings where the issue is a criminal attendance prosecution.

16. Advocacy & Independent Support

Citizens Advice

General information about legal and family issues.

Child Law Advice

Information about school attendance and education law.

IPSEA

Independent SEND-law information in England.

Contact

UK-wide support for families with disabled children.

YoungMinds

Mental-health and school-anxiety support for young people and families.

SENDIASS / IASS

Local impartial SEND information and advice in England.

17. Official Sources & Quick Help

The main information is explained above. These links allow families to check the current official rules or seek appropriate support.

Key Message

Regular school attendance is important, but attendance difficulties should be understood in context.

England's national Penalty Notice threshold is 10 unauthorised sessions within a rolling period of 10 school weeks.

Reaching that threshold means a Penalty Notice should be considered. It does not mean that a fine must automatically be issued in every case.

Where support is appropriate, schools and local authorities should work with families to identify and reduce barriers to attendance.

Where attendance difficulties are linked to SEND, disability, mental health, bullying or medical needs, those issues should be considered alongside attendance.

Parents should keep clear records, communicate with the school, respond promptly to attendance correspondence and seek help early.

If a Penalty Notice is issued, check the dates, attendance codes and information carefully.

There is no general statutory right of appeal against a Penalty Notice, although a notice may be withdrawn in certain circumstances where it was wrongly issued.

If court action is threatened or started, seek appropriate legal advice promptly rather than relying only on an internal school complaint.

Right First Time UK — Information Notice

Right First Time UK provides general public information, awareness resources and signposting.

We are not a school, local authority, Department for Education body, court, law firm or regulated legal advice provider.

Attendance cases depend on the individual facts, attendance codes, evidence and applicable legal rules.

The Penalty Notice information on this page relates primarily to England. Wales, Scotland and Northern Ireland have different attendance frameworks.

Always check the current government guidance, the relevant local authority Penalty Notice code of conduct and seek appropriate professional or legal advice where needed.