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

The Education (Penalty Notices) (England) Regulations 2007 (legislation.gov.uk) allows a penalty notice to be withdrawn in the following circumstances:

• proof has been established that the penalty notice was issued to the wrong person.
• the issuing of the penalty notice did not conform to the terms of this Code of Conduct.
• it ought not to have been issued
• if there are material errors in the penalty notice.

Where a penalty notice is withdrawn in accordance with the above, a notice of withdrawal shall be given to the recipient. Once the notice has been withdrawn any amount paid towards the penalty notice in pursuance of that notice shall be repaid to the payee.

If a penalty notice is withdrawn, as a result of the above circumstances, no proceedings shall continue or be instigated against the recipient for the offence in connection with which the withdrawal notice was issued or for an offence under Section 444 (1) of the Education Act 1996 or under Section 103 Education and Inspections Act 2006 arising out of the same circumstances.

Where the local authority has neither instituted proceedings nor is contemplating such proceedings against the recipient of the offence, the notice must be withdrawn.

The use of the certificate of payment/non-payment of a penalty notice and withdrawal notice procedure will ensure that duplicate penalty notices are not issued.

There is no right of appeal by parents against a penalty notice. Failure to pay and discharge your liability will result in prosecution.

If you feel the penalty notice was wrongly issued, you will need to contact the school. We are unable to overturn a school's decision if they have decided the absence was unauthorised.