Record fines for unauthorised school absences
Hampshire County Council received £189,387 from school penalties notices due to unauthorised absences in the last academic year
With summer around the corner and inflation increasing flight and accommodation prices – which are already much higher during holiday times – many parents take their children out of school during termtime, even if that means a fine for an unauthorised absence, meaning that parents could face a penalty notice.
A penalty notice is a fine which may be issued as an alternative to prosecution. If paid, it does not require a court appearance nor result in a criminal record.
Last year the county council received £189,387 in penalties for non-attendance.
The local authority said: ‘In line with national penalty notices Regulations (Reg. 23), the money paid in penalties is used to issue and enforce penalty notices and prosecute recipients who do not pay.’
‘Penalty notices are only issued as a last resort after all other measures have been exhausted.’
Some examples of unauthorised absences can include when the sickness of a parent, or another family member, the child being used as a carer, problems with transport, days off for birthdays, shopping trips or family holidays.
According to Hampshire county council guidelines, ‘if your children’s attendance and punctuality fail, the local authority has a statutory duty to consider legal actions to enforce school attendance.’
In the first instance, if your child has an ‘ongoing pattern of unauthorised absence’, you will likely receive a written warning of the possibility of a penalty notice.
This warning will advise you about your child’s absences and warn you that ‘if your child’s attendance does not show a significant maintained improvement, a penalty notice may be issued without further warning.’
There are some legal measures that the local authority can seek, including being added to the “fast track system”, which means you will be given 12 weeks to improve your child’s attendance, receive a penalty notice, -a fine of £60 per parent/carer for periods of unauthorised absence-, or being prosecuted in the Magistrates’ Court, meaning that you could receive a community order of up to £2,500 per parent/carer or a custodial sentence.
Fines can be posted to your home or delivered to you by hand and should be paid within 21 days of’ deemed service’ (2nd working day after the postmark on the envelope and receipt of posting). If paid after 21 days but within 28 days, the Penalty is £120.
Suppose you fail to make any payment within 28 days. In that case, it will consider commencing proceedings in the Magistrates’ Court for the original offence of failing to ensure regular attendance.
If two parents have two children, this may result in four penalty notices, two penalty notices per parent.
Additional legal action may be taken if you pay the fine and your child has further unauthorised absences.
Once penalty notices have been issued, there is no statutory right of appeal. It can only be withdrawn if it is shown to be an error.
In Hampshire, penalty notices are issued when a pupil has had ten or more half-day sessions (equivalent to five school days) of unauthorised absence in the last ten school week period.
The local authority has around 180,000 school-aged pupils attending over 520 schools. According to the Department for Education, in the last published figure in 2021/2022, Hampshire was 92.8 per cent attendance compared with 92.4 per cent nationally.