Attendance

The law entitles every child of compulsory school age to an efficient, full-time education suitable to their age, aptitude, and any special educational need they may have. It is the legal responsibility of every parent to make sure their child receives that education either by attendance at a school or by education otherwise than at a school.

Where parents decide to have their child registered at school, they have an additional legal duty to ensure their child attends that school regularly. This means their child must attend every day that the school is open, except in a small number of allowable circumstances such as being too ill to attend or being given permission for an absence in advance from the school.

Absence is so often a symptom of wider issues a family is facing. Parents and pupils will be supported by their school and Coventry City Council, to overcome barriers to regular attendance, through a wide range of assessment and intervention strategies. Where that is not successful, or is not engaged with, the law protects pupils’ right to an education and provides a range of legal interventions to formalise attendance improvement efforts, and where all other avenues have been exhausted, enforce it through prosecuting parents.

National Framework for Penalty Notices

The new National Framework (Introduced 19^th August 2024) introduces consistency in the use of Penalty Notices across England by introducing a new national threshold at which they are considered. The framework increases the amount of the Penalty Notice and introduces a new national limit of 2 Penalty Notices within a 3-year rolling period to break cycles of repeat offending.

In line with the guidance, Coventry City Council will prioritise the ‘support first’ approach expecting that support will have been offered to families in cases where it is appropriate. However, Penalty Notices can be issued without a Notice to Improve in cases where support is not appropriate (such as leave of absence in term time) or when support has not been engaged with.

When parents are separated and do not live at the same address, schools should establish how much involvement each parent has in caring for the child(ren). If one parent has little involvement, consider whether it is in the public of family’s interest to issue a fine to both parents.

National Threshold 

There will be a single consistent national threshold for when a penalty notice must be considered by all schools in England of 10 sessions (usually equivalent to 5 school days) of unauthorised absence within a rolling 10 school week period. For example: a 5 day holiday would meet the national threshold. The 10-school week period can span different terms or school years.

Penalty Notices are requested by schools 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.

• First offence - The first time a Penalty Notice is issued the amount will be: £80 per parent, per child paid within 21 days. This increases to £160 per parent, per child if paid after day 21, until day 28. Any non-payment of the Penalty Notice may result in a prosecution.
• Second Offence (within 3 years) - the second time a Penalty Notice is issued the amount will be £160 per parent, per child paid within 28 days. Any non-payment of the Penalty Notice may result in a prosecution.
• Third Offence and Any Further Offences (within 3 years) - the third time an offence is committed a Penalty Notice will not be issued, and the parent(s) may be prosecuted under section 444(1A) of the Act. Fines could be up to £2500 per parent, per child.

Leave of Absence

Penalty Notices can be requested by schools for leave of absence in term time for 10 sessions (5 or more days). This can be consecutive absence, or non-consecutive. In line with the National Framework, the Local Authority retains the discretion to issue a Penalty Notice before the threshold is met. For example, when parents/carers are deliberately avoiding the national threshold by taking multiple term time holidays below threshold, or for repeated absence for birthdays or other family events, or a combination of non-attendance due to leave of absence and unauthorised absence within a 10-week period.

Combined Absences 

A Leave of Absence has been taken which is exempt from a Penalty Notice (i.e. less than 5 consecutive days), but further unauthorised absences have occurred during a ten-week period therefore, the Local Authority will now issue either a 20-school day Notice to Improve letter or a Penalty Notice.

The period of 10 school weeks can also span different terms or school years (e.g. 2 sessions of unauthorised absence in the Summer Term and a further 8 within the Autumn Term).

Unauthorised Absence

Penalty Notices can be requested by schools when there have been 10 sessions (5 or more days) of unauthorised absence in a 10-week period. In these circumstances a Notice to Improve will be sent by the Local Authority on behalf of the school, this will detail the minimum support expected to have been implemented to improve school attendance. The Notice to Improve will also detail the expected improvements that must be made over a 20 day period to prevent the Penalty Notice being issued.

Further information on the National Framework can be found within Working Together to Improve Attendance 2024.

Can I appeal my penalty notice?

There is no right to appeal. If you believe an absence has been classified incorrectly and wish to challenge the reasons given, you need to take this up with the school in the first instance, as whether or not the council issues a fine depends on how schools classify an absence.

Withdrawal of a penalty notice

A Penalty Notice may be withdrawn by the Local Authority before or after the payment of a penalty in any case in which the Local Authority determines that:

• It ought not to have been issued.
• It ought not to have been issued to the person named as the recipient.
• It contains material errors.

Where a Penalty Notice has been withdrawn in accordance with the above:

• Any financial penalty paid to clear that Penalty Notice shall be repaid to the person who paid it; and
• No prosecution under sections 444(1) or 444(1A) of the Act shall be continued or begun in connection with the same unauthorised absence period.

Payment of a penalty notice

By phone

Please telephone the Attendance team on 024 7697 5434 (opt 1) with your debit/credit card, Monday to Thursday 9am to 4.30pm and Friday 9am to 4pm. Please note we do not accept American Express Cards.

In person or by cash

You can pay by card, cash or cheque at our Customer Service Centre, Broadgate, Coventry, CV1 1FS, Monday to Friday, 9am to 5pm (excluding Bank Holidays). You will need your reference or ID number.

Online

You can pay online at any time at www.coventry.gov.uk/payonline. You will need your child’s name and school, and your debit or credit card details.

Unpaid penalty notices

• If payment is not received within 28 days the local authority will consider prosecution for the unauthorised absence.
• A letter is sent to the parent informing of the Local Authority’s intention to pursue legal proceedings for the period of absence in question.
• The instigation of legal proceedings for unauthorised absence from school may be taken under S444 (1) or S444 (1A) of the Education Act 1996.
• The prosecution is not for the non-payment of the notice but is for failure to ensure regular attendance at school.

Further information on the issuing of penalty notices for school absence can be found within the Code of Conduct

Attendance Contracts

An attendance contract is a voluntary formal written agreement between a parent, school and or local authority to address irregular attendance at school. This intervention is intended to provide support and offer an alternative to prosecution.

An attendance contract is not legally binding but allows a more formal route to secure engagement with support where a voluntary early help plan has not worked or is not deemed appropriate.

Where it is agreed that an attendance contract would be the most appropriate support it will be explained to the parent (and pupil if they are old enough to understand) what the purpose of the contract is and why using one would be beneficial in the family’s circumstances.

Parents will be given the opportunity to outline their views on their child’s attendance at school, any underlying issues and how they believe they should be addressed. Parents will also be able to share their views on what type of support they think would be helpful to secure their child’s regular attendance.

An attendance contract will establish the following;

• Everyone with parental responsibility, details of the child the attendance contract involves as well as details of any siblings.
• Background information from the school.
• School attendance data.
• A summary of attendance information from the Local Authority as well as an explanation of the legal situation.
• Details of any other issues identified during the meeting.
• Actions agreed and signed by the parent(s) that they are expected to comply with for the period specified by the contract.
• Actions agreed and signed by the school they are expected to comply with for the period specified by the contract.
• A signature from the Local Authority Attendance Officer confirming the attendance contract has been completed and agreed.

If there is no change to the pattern of attendance, the attendance contract formalises the support that has been offered. This may be used in evidence and presented to the Magistrates Court, should it be deemed than an offence has been committed under Section 444(1A) of the Education Act 1996.

School Attendance Orders (SAO)

The LA has a duty to ensure that every child of compulsory school age receives an efficient, full-time education suitable to their age, aptitude and any special educational need they may have.

Education Act 1996 (legislation.gov.uk) states: “If it appears to a local authority that a child of compulsory school age in their area is not receiving suitable education, either by regular attendance at school or otherwise, they shall serve a notice in writing on the parent requiring him to satisfy them within the period specified in the notice that the child is receiving such education.”

Section 437(2) of the Act provides that the period shall not be less than 15 days beginning with the day on which the notice is served. The Local Authority has the power to prosecute parents who fail to comply with a school attendance order under section 443 of the Education Act 1996.

A School Attendance Order will be considered in the following circumstances;

• Parents who have refused all offers of a school place and have not provided evidence indicating a suitable education is being provided may find themselves subject to a School Attendance Order. This applies to all children of compulsory school age.
• Parents who have removed their child from school and it appears are not providing suitable education.
• Parents who have moved into Coventry and have not secured a school place and who have not engaged with the LA in providing information regarding the education of their child.

Before moving to the stage of issuing a notice all efforts will have been made to engage with parents.

Stage 1

• LAAO will arrange a home visit to discuss pupil admission.
• LAAO will liaise with School Admissions regarding applications, appeals, pupil admission and registration.
• If parent continues to refuse to accept allocated school, LAAO will send a letter to the parent making informal enquiries.
• If no response is received within 10 days the LAAO will instruct Legal to serve a Notice to be issued onto stage 2.

Stage 2

• LAAO will instruct Legal to serve notice on the parent requiring him/her to satisfy the LA within the period specified in the Notice that the child is receiving suitable education.
• Legal will prepare and serve the Notice
• If no response within 15 school days LAAO will contact Legal to instruct for Notice to be issued onto stage 3.

Stage 3

• If no evidence is forthcoming and the 15 school days have expired the LAAO will consult with the Governing Body of the School to be named in the Notice and if another local authority are responsible for determining the arrangements for the admission of pupils to the school, that authority.
• LAAO will email consultation letter to Chair of Governing Body giving them 15 school days to raise any objections. The name of the child is not shared with the school at any point in this process.
• When 15 school days have expired the LAAO will contact Legal to instruct for Notice to be issued onto stage 4.

Stage 4

• Following consultation, Legal will draft a Notice on the parent in writing informing them of the intention to serve an SAO and specifying the school which the authority intend to name in the order and, if they think fit, one or more other schools which they regard as suitable alternatives.
• LAAO will serve the Notice on the parent via post along with a covering letter.
• When 15 school days have expired the LAAO will contact Legal to instruct for Notice to be issued onto stage 5.

Stage 5

• When the 15 school days have expired the LAAO will instruct Legal to draft an SAO.
• Legal will draft an SAO for LAAO to serve on parent (by post).

Stage 6

• LAAO will inform the Governing Body and the Head Teacher that their school has been named in the SAO.
• LAAO will check whether the child has registered at the named school (within a 10 day period).
• If the child has not registered at the named school, a prosecution file will be prepared. Before submitting the file, a FINAL CHECK should be undertaken to see whether or not the child has been registered at a school or parent(s) have provided sufficient evidence that a suitable education is being received.