Skipping school, bunking, doing a runner… whatever you used to call it in your schooldays, you probably weren’t that worried about the consequences for your parents. Now you’re a parent, the shoe is indeed on the other foot!
In this article, we summarise the legal implications of school non-attendance enforcement and fines for parents. Stick with us to learn about fines, exceptions, and the importance of attendance for academic success.
We cover:
How much you can be fined for your child skipping school
What other penalties are there for non-attendance?
Circumstances in which a child can miss school
What about holidays?
Consequences for not complying with a School Attendance Order
The rules for parents without parental responsibility
How much could I be fined for my child’s school absence?
Every moment in school adds up to your child’s overall education as well as the development of crucial social skills and experiences with children their age. Research shows that children with good attendance do better than those that regularly miss school.
For this reason, and because schools are designed to get the very best out of your child, you can get fined when your child misses school without a valid reason or without the permission of the headteacher. We will go into some of these valid reasons later on, don't worry!
With times tight you probably can’t afford to be fined for your child missing school, especially when the maximum fine for non-attendance is £2,500. Fines for non-attendance start at £60 and rise to £120 for late payment (within 21 days).
Depending on your council, you may be charged an amount for each child that misses school or one flat fee for all your children.
If you’re prosecuted and have to attend a day at court, the fine will rise to the maximum £2,500.
Councils publish a code of conduct for school attendance to explain their fine structure - here, you can confirm the rules in your area.
What penalties are in place for non-attendance?
Apart from fines, there are some more serious penalties available to schools, councils and the courts for serious cases of non-attendance.
The council may:
Apply for a Supervision Order – when the council is of the opinion that your child needs support to go to school and you’re not doing enough to facilitate this, they may apply to the family court for an Education Supervision Order. They are named Supervision Orders as when an order is granted, a supervisor will be appointed to help your child attend school. This penalty can be used in conjunction with prosecution or issued separately
Prosecute you – You’ll have to go to court. You may be fined, receive a community order or be jailed for up to three months. You may also receive a Parenting Order
What are acceptable circumstances for a child missing school?
Of course there are circumstances when your children are allowed to miss school and this is bound to happen at some point throughout their time in education.
Your children can only miss school in these under these conditions:
Your child is too ill to go
You have permission from the headteacher for a holiday or religious observation
They have a medical appointment or dental appointment
They’re on study leave
The school is too far away from where they are living
They’re being educated elsewhere
They have been excluded or suspended
If you want to take your child out of school during term time, for a holiday for example, you must make an application to the headteacher - this must be completed by the parent the child most regularly lives with, and those with parental responsibility.
For this to be approved, the circumstances around the request must be exceptional.
If the headteacher does grant a holiday, it’s their choice to decide on how many days your child can be away from school for.
When your child is sick, this will need to be reported to the school by a certain time that day, and permission should be sought for the child to stay at home. School’s generally grant sick days unless they believe they have a valid reason to doubt the truth of the sickness report. In this case, a school may ask for medical evidence to be provided for the child’s sickness, and this can become complicated as GPs don’t provide sick notes.
What could happen if my child misses school without a valid reason?
Most UK schools check attendance twice a day by completing a register, usually first thing in the morning and then in the afternoon. Children get an attendance mark for both the morning and afternoon sessions, so if they had an unauthorised absence for even part of the day, this will affect their attendance percentage.
There are various thing that can happen when a child misses school without a valid reason.
Legal action: Parents can face legal action under the Education Act 1996 if their child regularly misses school without a valid reason. This can result in fines, community service orders, or even imprisonment in extreme cases.
Penalties: Local authorities have the power to issue penalty notices to parents who fail to ensure their child's regular attendance at school. These penalties can amount to a fine of £60, rising to £120 if not paid within 21 days.
Education Welfare Involvement: The local education authority's welfare service may become involved to investigate the reasons for the child's absence and offer support to improve attendance.
Aside from the consequences above, most importantly, missing school without a valid reason can lead to educational disadvantage, as the child may fall behind in their studies and struggle to keep up with their peers. This can and does have an affect on a child's future opportunities, including their academic achievements, career prospects, and overall well-being.
Ultimately, as a parent, you are legally responsible for ensuring your child attends school regularly and punctually, and failing to do so can have serious consequences for both your child and you.
Can a school fine me for taking my child on holiday?
Yes, it is a legal obligation that children in the UK must get ‘an education between the school term after their 5th birthday and the last Friday in June in the school year they turn 16’. You can learn more about the particulars of school attendance requirements on Gov.uk.
Parents being fined for taking children on term time holidays is a growing phenomenon. This may be because there is ignorance around the rules of school attendance and the fact that there is an urban myth that there are no consequences to the practice or wider issues with children’s mental health.
A Guardian article found that 350,000 parents in England were fined after taking their children on term-time holidays in 2022.
Looking at it from both sides of the spectrum, to some, the issue of non-attendance is a middle-class problem, for others it is more prevalent in families struggling to get by. The truth is, non-attendance is an issue in families of all backgrounds and anyone can get fined.
What is unacceptable school attendance?
Unacceptable school attendance is where a child’s school attendance is consistently poor, at a level deemed unacceptable by their school or local authority. This threshold can vary slightly between schools and local authorities, but generally, any attendance below 90% is considered a cause for concern.
When unacceptable school attendance is registered by a school or local authority, there can be serious consequences for parents and their children, including:
Fines
Prosecution
Educational welfare officers or attendance officers will become involved when unacceptable attendance has been declared to a parent.
A School Attendance Order can lead to prosecution or a fine. Parents have 15 days to respond to an order and provide evidence that their child is listed with the school or otherwise, or if you parents have decided to educate them at home.
The local authority can give out penalties in any order they wish and parents could be prosecuted without receiving a fine or School Attendance Order.
Parents can get help with getting their child into school. They and their local authority can agree a plan which is known as a Parenting Contract under Section 19 of the Antisocial Behaviour Act 2003.
This formal agreement, which excludes independent schools and non-maintained special schools is non-binding, however it offers parents help and support through a more formal channel.
It’s not a penalty, rather an offer of support prior to penalties being used to punish continued non-attendance.
What happens if a parent does not comply with a School Attendance Order?
If a parent does not comply within the 15-day timeline, they could be handed a fine or prosecuted.
Local councils can give each parent a fine of £60 for non-compliance, rising to £120 each for non-payment within 21 days. Parents may be prosecuted if they haven’t paid the fine within 28 days of receiving it.
Can I be fined for a child’s school absence if I don’t have parental responsibility?
Parental responsibility in family law defines when each parent or guardian is accountable for their children and what these responsibilities involve. Schools can get caught in between two parents claiming to have parental responsibility, including managing complicated living arrangements.
But who is responsible for paying school fines?
The fact is, anyone who has parental responsibility can receive a fine. Whether your school will issue a penalty notice to both parents or only the parent with parental responsibility will be determined by an individual school’s code of conduct.
School fines for non-attendance
Every parent wants their child to get the best start in life and receive the best education they possibly can. That’s why it can be worrying when a child isn’t attending school regularly.
Whether you need help fighting a fine for non-attendance you feel is unfair, or require assistance with understanding the rules and regulations around school attendance, our specialist education solicitors can help.
For more help and information regarding school attendance and fines, contact us today for a free case assessment.