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It’s important that schools and local authorities are aware that parents may be recognised differently under education law, than under family law. Section 576 of the Education Act 1996 states that a ‘parent’, in relation to a child or young person, includes any person who is not a parent (from which can be inferred ‘biological parent’) but who has parental responsibility, or who has care of the child.

For the purposes of education law, the department considers a ‘parent’ to include:

• all biological parents, whether they are married or not
• any person who, although not a biological parent, has parental responsibility for a child or young person - this could be an adoptive parent, a step parent, guardian or other relative
• any person who, although not a biological parent and does not have parental responsibility, has care of a child or young person

A person typically has care of a child or young person if they are the person with whom the child lives, either full or part time and who looks after the child, irrespective of what their biological or legal relationship is with the child.

Therefore, all these people have the duty to ensure a child of compulsory school age receives a suitable education.

If a registered pupil of compulsory school age fails to attend school regularly, the parent could be guilty of an offence under S444 of the Education Act.

A child is of compulsory school age at the beginning of the 1st term after their 5th birthday, so:

• children who turn 5 between 1 January and 31 March will be of compulsory school age at the beginning of the school term after 31 March.
• children who turn 5 between 1 April and 31 August will be of compulsory school age at the beginning of the school term after 31 August.
• children who turn 5 between 1 September and 31 December will be of compulsory school age at the beginning of the school term after 31 December.

A child remains of compulsory school age until the last Friday in June in the school year that they turn 16. From September 2015 all 16 year olds must remain in education or training until their 18 birthday.

Can I take my child on holiday in Term time?

Parents and carers are strongly advised to avoid taking children out of school for family holidays during term time. Taking a holiday during term time will mean your child misses out on a portion of their educational entitlement and their right to the learning opportunities offered to them. Children who have missed school, even for a short period of time, often find it difficult to catch up.

If parents and carers consider the effects of lost learning and still decide to take a holiday during term time, a written request, in advance of the planned holiday, and in line with the school’s policy must be made.

Unfortunately, in some cases whereby written holiday requests have not been made by parents, and schools have been unable to successfully locate children missing from school as safe and well, safeguarding investigations will be carried out.

It remains the discretion of each head teacher, alongside school governors, to decide whether leave during term time will be authorised or not. Head teachers may not ordinarily grant any leave of absence during term time, unless there are exceptional circumstances. In line with current guidance, it is highly unlikely a head teacher would be able to consider a family holiday as exceptional.

Will I receive a fine for taking my child out of school?

If exceptional circumstances are not agreed by the headteacher and your child misses school with marked unauthorised absence in the register, this could result in the issue of a fixed penalty fine.

The Government has made changes to penalty notice fines for unauthorised non-attendance at school, with effect from 19 August 2024.  

Unauthorised absence may be subject to a penalty notice fine, per parent, per child of £160 if paid within 28 days, reduced to £80 if paid within 21 days for a first time absence.

If a second period of unauthorised absence occurs within a 3 year timescale, this is subject to a penalty notice fine, per parent, per child, of £160 to be paid within 28 days.  

Failure to make payment of penalty notices issued may lead to court proceedings.

The third period of unauthorised leave of absence incurred within 3 years of the first penalty notice issued; a further penalty notice will not be issued. If suitable, the matter will be presented to the Magistrates’ Court under S4441 Education Act 1996.  

Cases found guilty in the magistrates Court could result in a fine up to £1,000 per parent, per child, and will also hold a criminal record for failing to secure regular attendance.

Penalty Notice Code of Conduct

The Education Act 1996 states that parents must ensure their children of compulsory school age receive appropriate full-time education according to their age, ability and aptitude. This can be by regular attendance at school, at alternative provision, or otherwise (e.g., the parent can choose to educate their child at home).

Parents/carers and schools are expected to work in partnership, together, to overcome any barriers preventing a pupil's regular attendance if they arise.

If a child of compulsory school age fails to attend regularly at a school at which they are registered, or at a place where alternative provision is provided for them, the parents may be guilty of an offence and can be prosecuted by the local authority.

Where parents do not register their child at a school and fail to provide evidence to prove their child is being educated otherwise (i.e., in an alternative provision or at home) Local Authorities may action a School Attendance Order.

What the Law says:

Section 23(1) of the Anti-Social Behaviour Act 2007 states that: Penalty Notices may be issued to the parents of pupils who have unauthorised absence from school.

With effect from 19 August 2024, the Government has made changes to penalty notice fines for unauthorised school non-attendance.  

Unauthorised absence may be subject to a penalty notice fine, per parent, per child of £160 if paid within 28 days, reduced to £80 if paid within 21 days for a first time absence.

If a second period of unauthorised absence occurs within a 3-year timescale, this is subject to a penalty notice fine, per parent, per child, of £160 to be paid within 28 days.  

Failure to make payment of penalty notices issued may lead to court proceedings.

The third period of unauthorised leave of absence incurred within 3 years of the first penalty notice issued; a further penalty notice will not be issued. If suitable, the matter will be presented to the Magistrates’ Court under S4441 Education Act 1996.  

Section 444(1) of the Education Act 1996 states that: If you are the parent of a child of compulsory school age who fails to attend school regularly, you are guilty of an offence.

The Court may:

• fine each parent up to £1000 per child
• order payment of the prosecution costs
• impose a Parenting Order
• impose an Education Supervision Order

Section 4441(1a) Education Act states that: If in the above circumstance you, the parent, know that your child is failing to attend regularly at the school and fail with reasonable justification to cause him/her to attend, you are guilty of an offence.

The Court may:

• fine each parent up to £2500 per child
• order payment of the prosecution costs
• impose a Parenting Order
• impose an Education Supervision Order
• sentence parents to a period of imprisonment for up to 3 months

Applying for School

Early help family support

• Virtual Family Hub | ������Ƶ County Council

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