IMPORTANT CHANGES TO THE LAW REGARDING PENALTY NOTICES FOR UNAUTHORISED ABSENCE FROM SCHOOL

A new National Framework for Penalty Notices for school absence, including unauthorised holiday absence, is being introduced following changes to the law. These new Government regulations will come into effect from 19 August 2024, and we wanted to bring this to your attention now, as it will affect when penalty notices are issued in Wigan.

In line with the Working together to improve school attendance (applies from 19 August 2024) (publishing.service.gov.uk), Wigan Council will prioritise the ‘support first’ approach expecting that support will have been offered to families in cases where it is appropriate, and parents/carers are encouraged to communicate with the school should any support be required to improve attendance.

Penalty Notices are requested by schools and academies and issued by the Local Authority to the parents/carers of statutory school age children, per parent, per child. For example: two children in a family absent from school for a leave of absence may result in each parent receiving a Penalty Notice for each child at the below rates.

What are the changes?

1. There will be a new national threshold of 10 unauthorised sessions for any reason (equivalent to 5 school days) within a rolling 10 school week period for when a penalty notice must be considered.

2. The new rules mean you will no longer be able to take your child out ofschool for one week’s holiday without a penalty notice being issued.

3. There will be an increase in the penalty fine from £60 to £80 if paid in 21 days. If the fine is not paid by the first 21 days, it will rise to £160 if paid within 28 days of being issued.

4. If a second penalty fine is issued to the same parent for the same child within a 3-year rolling period, the fine will automatically rise to £160 with no option to pay the lower rate of £80.

5. If a parent then commits a third offence in a 3-year rolling period, the local authority will need to consider other enforcement options available to them.

How can I avoid an Education Penalty Notice for school absence?

Please ensure your child/children attends school regularly and on time. Do not take holidays during term time and do not keep your child/children from school unnecessarily.

If you think you may need support with attendance or punctuality, please speak to a member of school's office staff who will arrange a meeting with Mr McConnell (school's senior attendance champion) and Mrs Ruth Cooper (Local authority attendance officer). Please be reassured, that there are many options available to support your child's/children's attendance.