St Nicholas Church of EnglandPrimary Academy


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Fixed Penalty Notices Explained

Fixed Penalty Notices

Introduction of Fixed Penalty Formal Warning from September 2019

From September 2019 we have decided to take the decision to request that the Local Authority issue a Fixed Penalty Notice where unauthorised absence exceeds 15% in a six week period.


If you wish to seek approval for any request of absence for your child(ren) from School, then you must apply in writing to the Head Teacher, at least four weeks in advance of the requested period. You should only remove your child(ren) if the absence has been authorised, and notified to you in writing by the School.  Any exceptional circumstances must be clearly set out in the written request to the Head Teacher who will consider each case upon its merits.


If you then choose to take your child out of school during term time and it is not deemed to be exceptional circumstances and/or has not been approved by the School, then this will be coded as an unauthorised absence and a Fixed Penalty Notice will be issued for the period of absence. 


The law states that, where there are unacceptable levels of attendance, schools may request that the Local Authority issue a Fixed Penalty Notice following the legal framework:


  • Section 7 of the Education Act 1996 places upon parents a duty to ensure that their child receives efficient full-time education either by regular attendance at school or otherwise.
  • Where a child is a registered pupil at a school and the parent fails to ensure that child’s regular attendance at school the parent is liable to be prosecuted for a criminal offence under section 444 of the Education Act.
  • In some cases, where this duty is not being fulfilled Section 444B of the same Act empowers the Local Authority to issue a Fixed Penalty of £60 per parent, per child, which will increase if the fine isn’t paid within the first 21 days to £120
  • Failure to pay a Fixed Penalty may result in further legal action being taken against you.


The money raised from these fines is retained by the Local Authority and the school does not receive any of this. We will continue to work with families to support as much as we can with attendance and further information can be found in our school attendance policy on our website. Should you wish to discuss this matter further, please contact the school office to make an appointment with either Mrs Booth or the Learning Mentor, Mrs Curtis.