Extract from the Penalty Notice Briefing

The Act empowers the Local Authority, Head Teachers and Police to issue Penalty Notices and places specific responsibility on the Local Authority for developing the general protocol within which all partners will operate.

Penalty Notices are for use in cases of unauthorised absence only and the defences in law against an offence being committed replicate those already in place for enforcement actions under the provisions of the 1996 Education Act (Section 444).

Penalty Notices will range from £50 to £100 depending on payment within proscribed time limits.

There is an expectation that parents/carers will receive a warning before proceeding to issue of a Notice.

Penalty Notices may be issued through face to face delivery, through hand delivery to a parent/carers home or by post.

The Local Authority is to use the income generated from Penalty Notices to cover the costs of issue or recovery (non-payment of a Penalty Notice is actioned through prosecution).

Notices are intended as an early-use deterrent to patterns of unauthorised absence developing and as such supplement and not replace the use of the wider powers available under the 1996 Education Act.

Penalty Notices have a potential for application in a range of attendance scenarios provided an absence is unauthorised, including:

• covert truancy (including pupils caught on truancy sweeps)

• parentally condoned absence,
• excessive holidays in term time,
• excessive delayed return from extended holidays without prior school agreement
• persistent late arrival (after the register has closed and an unauthorised absence is created).

Penalty Notices may be withdrawn by the Local Authority in the event of error in the circumstances of a case or the person to whom the Notice was sent.

	Penalty Notice Briefing The entire "Penalty Notice Briefing" document.
	Penalty Notice Code of Conduct The "Penalty Notice Code of Conduct" document.