Code of conduct for issuing penalty notices for unauthorised absence from school

Last updated: 24 November 2022

Procedure to address non-payment of penalty notices

  • if after 28 days the notice remains unpaid, the county attendance team will send a certificate of non payment of penalty notice to the parent/carer.
  • non-payment of a penalty notice may trigger a prosecution under the provisions of section 444(1) of the Education Act 1996 on the basis that the parent has failed to secure regular school attendance.
  • NB the prosecution is for the non Attendance and not the non- payment of the Penalty Notice.
  • in respect of an excluded pupil, non-payment of the penalty notice may trigger a prosecution for the offence under Section 103 of the Education and Inspections Act 2006.