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

Last updated: 2 September 2024

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.
  • it should be noted that 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.