Increase in fines for taking children out of school during term-time

As of 19 August 2024, families in England face higher fines for taking their children out of school during term-time without permission. The Department for Education (“DfE”) has issued a new National Framework for Penalty Notices (“the Framework”) with accompanying guidance.

In the academic year 2022/23, 400,000 penalty notices were issued in England for unauthorised school absences. This change aims to improve school attendance and ensure children receive a ‘consistent education’.

The introduction of the Framework is accompanied by the appointment of the first National Attendance Ambassador, Rob Tarn CBE – clearly indicating that school absences is a priority for the DfE. 

The New Fines under the National Framework for Penalty Notices

The Framework aims to bring consistency across England to ensure schools are dealing with unauthorised absences in the same manner. 

The fine for unauthorised absences has increased to £80. If the fine is not paid within 21 days, it doubles to £160. If a second fine for the same child is issued within three-year period, then the fine starts at £160. 

Under the new guidance, local authorities and schools are required to consider issuing a fine if a child has missed ten or more sessions (i.e., five days) that have not been authorised by the school.

These fines are per parent and per child. For example, if three siblings have unauthorised absences at the same time, then each parent will receive three separate fines. 

The decision to issue a fine is up to the local authority, so there is likely to be variation in approach between different authorities for when a fine is actually issued.

Fines per parents are capped at two within a three-year period. After this, if unauthorised continue then other actions will be considered, such as a parenting order or prosecution with a fine up to £2,500. 

The guidance under the Framework notes that fines are a ‘last resort,’ and support to parents should be offered first to help improve the child’s attendance. 

Reasons for the Increase

During the pandemic there was a spike in absences. The DfE have remain concerned that unauthorised absences have not returned to pre-covid levels.

In recent DfE data, for the academic year 2018/19 the number of unauthorised absence sessions (half a day) was 35,636,525. For the academic year 2022/23, this figure was 61,082,573 – an increase of 71.4%. Though, overall absences between 2022/23 to 2023/24 decreased from 7.5% to 6.7%. 

Most unauthorised absences are issued for term time holidays, making up 89% of these fines. 

The aim of the Framework is to try and change parental behaviour and discourage them from taking their children out of school for holidays and other unauthorised reasons.