Penalty Notices in Relation to Non-School Attendance
The law states that a planned absence from school should only be authorised for pupils in ‘exceptional circumstances’. Here at St Mewan CP School we recognise that there are occasions when it is appropriate to authorise an absence; we look at each request on its own merit, taking into account purpose, attendance history and study commitment.
In order to try and reduce the amount of holiday requests we receive, we block our INSET days to have a two week Autumn half term holiday at a time when costs may have reduced due to the time of the year.
If your child is absent from school without authorisation, you will be committing an offence under the Education Act 1996. We may submit a request to Cornwall Council for a Penalty Notice to be issued in accordance with Sections 444A and 444B of the said Act. Penalty Notices are issued per liable parent, per child and each carry a fine of £80 if paid within 21 days or £160 if paid after this but within 28 days. If your child is further absent from school without authorisation within any 3-year period, you will be committing a further offence under the Education Act 1996. We may submit a request to Cornwall Council for a Penalty Notice to be issued , in accordance with Sections 444A and 444B of the said Act. Penalty Notices for a second offence are issued per liable parent, per child and each carry a fine of £160, payable within 28 days. Importantly, fines per parent will be capped to two fines within any three-year period. Once this limit has been reached, other action such as a parenting order of prosecution will be considered. Failure to pay the Penalty Notice may also result in legal action. If you are prosecuted and attend court because your child has not been attending school, you could get a fine of up to £2,500. Cornwall Council may also apply for the costs incurred in taking the matter to court, including legal costs. Absence not authorised by the school may also result in a prosecution in the Magistrates' Court under Section 444(1) or Section 444(1A) of the Education Act 1996, leading to a fine of up to £2,500 and/or a custodial sentence. Again, Cornwall Council may also apply for the costs incurred in taking the matter to court, including legal costs. Money raised from the fines is only used by the local authority to cover the costs of administering the system, and to fund attendance support. Any extra money is returned to the government.
Further information on the Law surrounding pupil attendance and holidays in term time can be found at:
https://childlawadvice.org.uk/information-pages/school-attendance-and-absence/
Please be aware that the school does not issue Penalty Notices, this is a matter which is under the jurisdiction of the Local Authority, and there is no financial gain for a school to take this course of action. Any decision to impose a Penalty Notice will only be taken after consultation between the Education Welfare Office and the Headteacher.
We would like to reiterate our appreciation for the efforts of the vast majority of our parents who ensure their children’s regular attendance.
