Penalty Notices

Penalty Notices are issued to parents as an alternative to prosecution where they have failed to ensure that their child of compulsory school age regularly attends the school where they are registered or, in certain cases, at a place where alternative provision is provided.

Penalty Notices can be used by all schools (except independent schools) where the pupil’s absence has been recorded with one or more of the unauthorised codes and that absence(s) constitutes an offence. A Penalty Notice can be issued to each parent liable for the offence or offences. They should usually only be issued to the parent or parents who have allowed the absence (regardless of which parent has applied for a leave of absence).

A new National framework for Penalty Notices was introduced across England on 19 August 2024 and details can be found in chapter 6 of the working together to improve school attendance statutory guidance published by the Department for Education in August 2024.

Types of Penalty Notices

There are three scenarios where a Penalty Notice can be requested by a school for the local authority to issue:

1. The pupil is absent on leave which is unauthorised by the Headteacher (recorded by school as code G on the pupil’s registration certificate) for 10 or more sessions within 10 school weeks.
2. The pupil is absent from school, with 10 or more sessions recorded on their registration certificate by the school as unauthorised using:
   • Code O (absent in other or unknown circumstances).
   • Code U (arrived in school after registration closed).
   • Any combination of code O, U and G triggering the school to set a 20 school day notice to improve period for the pupil, which was unsuccessful.
3. The pupil is present in a public place during school hours without reasonable justification during the first 5 school days of a suspension or permanent exclusion (recorded as code E on the pupil’s registration certificate).

Penalty Notice charges and escalation process

Only two Penalty Notices can be issued to the same parent in respect of the same child within a three year rolling period, and any second notice within that period is charged at a higher rate:

• 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 three 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 three years, and KCC will take alternative action instead which may include prosecution in the Magistrates Courts under section 444 of the Education Act 1996

The third type of Penalty Notice detailed above is not included in the National Framework and therefore not subject to the same considerations about support being provided or count towards the limit as part of the escalation process in the case of repeat offences for non-attendance. These Penalty Notices are charged at £120 if paid within 28 days, reduced to £60 if paid within 21 days.

Conditions when a Penalty Notice will be issued by Kent County Council (KCC)

A Penalty Notice will only be issued by KCC where:

• The school is state funded (independent schools cannot request Penalty Notices).
• The headteacher has authorised the request.
• The pupil has a minimum of 10 school sessions of unauthorised absence in a rolling 10 school week period (this is the national threshold).
• The pupil is compulsory school age and a minimum of 10 sessions of absence are recorded as unauthorised when the pupil was compulsory school age.
• In cases of unauthorised absence, the school has sent a notice to improve and included all the information set out in paragraph 188 of the working together to improve school attendance guidance, August 2024.
• In circumstances where a 20 school day notice to improve period was set, the whole period has concluded and unauthorised absences have been recorded.
• In line with the escalation process, there have not been two previous Penalty Notices issued already at the school or other schools in England within three schools years of the issue of the first Penalty Notice. (For the purpose of the escalation process, previous Penalty Notices include those not paid (including where prosecution was taken forward and the parent pleaded or was found guilty) but not those which were withdrawn.
• The school is confident there are no safeguarding concerns about the pupil (for example, the pupil has been continuously absent and they have not been seen by a professional or there is uncertainty about their whereabouts).
• The pupil’s attendance is lower than the expected target in the school’s attendance policy. The policy must explain the national framework for Penalty Notices.
• The pupil is expected to attend on a full time basis during the 10 school week period and any subsequent notice to improve period where applicable.
• In the event the pupil is actively known to Early Help or Children’s Social Care, there is written confirmation the family practitioner has no concern that a Penalty Notice will cause a conflict of interest in any work they are undertaking to improve attendance.
• The pupil is not in the care of KCC or another local authority.

The school should only request a Penalty Notice (not including cases where support is not appropriate such as a holiday in term time) if:

• All available support has been provided and been unsuccessful or not engaged with.
• It is believed to be the best available tool to improve attendance and change parental behaviour, and one of the other legal interventions (i.e. a request for attendance legal intervention through the Digital Front Door) would not be more appropriate.
• Any obligations under the Equality Act 2010 (such as where a pupil has a disability) have been fully considered and met first.

Penalty Notice Code of Conduct

All Penalty Notices must be issued in line with The Education (Penalty Notices) (England) (Amendment) Regulations 2024 and Kent County Council’s Education Penalty Notice code of conduct (PDF, 184.8 KB) (19 August 2024).

How schools can request a Penalty notice

Only a state funded school can request for Kent County Council to issue a Penalty Notice to a parent, which may be initiated through the Digital Front Door and the form titled Request Penalty Notice (PN)

In cases where a parent has already received two Penalty Notices in a three year rolling period where notice to improve letters and periods were set, a third Penalty Notice must not be requested. Instead, the school should speak to their link Kent PRU and Attendance Services (KPAS) Officer to discuss other legal interventions.

How parents can pay a Penalty Notice

Details for parents on how to pay a Penalty Notice are provided in writing when the penalty is sent out by letter from Kent County Council. This information, including the link to pay online can be found on the pay a school Penalty Notice page on the KCC website. Parents can find information on Penalty Notices and school attendance by visiting the Government's Education Hub website

Penalty notice appeals

There is no right of appeal by parents against a penalty notice. The decision to authorise or unauthorise a pupil’s absence rests with the Headteacher of the school at which the pupil is registered.

Further information for schools

If you are a school considering requesting a penalty notice and would like advice, or have a concern about a penalty notice you have already requested, please email the Kent PRU and Attendance Service (KPAS) Courts Team at attendance.enforcement@kent.gov.uk.