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Penalty notices

From 27 February 2004, local authority officers, typically Education Welfare Officers, head teachers (and deputy head teachers and assistant head teachers authorised by them) and the police have the power to issue penalty notices for truancy.

What is a penalty notice?

  • Parents of a registered pupil whose child fails to attend school regularly are committing an offence. 
  • Penalty notices provide an alternative to prosecution for the offence in the form of a fine. There are two levels of penalty notice - £50 (if paid within 28 days) and £100 (if paid later than 28 days but within 42 days). 
  • Parents who pay the penalty notice within the time limits cannot later be prosecuted for the offence to which the penalty notice relates.

What if I dont pay?

  • If a parent does not pay a properly issued notice within 42 days, the LA will prosecute for the offence of irregular attendance under s444 Education Act 1996.

Can I appeal against a penalty notice?

  • There is no right of appeal against the penalty notice, but if you believe it to have been wrongly issued to you, you should contact the local authority (LA) immediately as they may withdraw the penalty notice if it is not issued in accordance with their local code or has been issued to the wrong person.
  • If the penalty notice is not withdrawn and you do not pay, you will be prosecuted under s444 Education Act 1996 and a court will consider the evidence and decide whether the offence has been committed and, if so, the appropriate penalty.

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