School Attendance

Attendance

The general rules on school attendance include:

it is a parents’ duty to send their child to school regularly if they are of compulsory school age
it is schools’ responsibility to record attendance and follow up absence
the local authority is able to resume the use of legal sanctions, including penalty notices and processes that may lead to prosecution in court for persistent absence.

Penalty Notices

With effect from the 19^th August 2024, the law changed and Penalty Notices increased. Penalty Charge Notices are now £160 if paid within 28 days, reducing to £80 if paid within 21 days, per parent/carer, per child.

The National Framework for Penalty Notices introduces a new national limit of two penalty notices that can be issued to a parent for the same child within a rolling three-year period. If a second Penalty Charge Notice (PCN) is issued to the same parent for the same child within three years of the first, the second notice is charged at a flat rate of £160 if paid within 28 days.

Once two PCNs have been issued, if a third unauthorised leave of absence occurs within a three-year period, the Local Authority can move to prosecution immediately.

The Education (Pupil Registration) (England) (Amendment) Regulations 2013 provide that PCNs can be issued to each parent/carer of each child taken out of school without authorisation. Parents and carers should also be aware that if more than one child is taken out of school, an PCN can be issued to each parent/carer for each individual child.

The Education (Penalty Notices) (England) (Amendment) Regulations 2024 introduced a new national threshold of two penalty notices that can be issued to a parent for the same child within a rolling three-year period. If a second penalty notice is issued to the same parent for the same child within three years of the first, the second notice is charged at a flat rate of £160.

If an unauthorised leave of absence is taken for a third (or subsequent) time within three years of the first PCN being issued, alternative legal interventions, such as prosecution or other attendance enforcement tools, will be considered.

How many absences result in an FPN?

The National Framework for penalty notices introduces a single, consistent national threshold of 10 sessions (usually equivalent to 5 school days) of unauthorised absence within a rolling 10-school-week period for when a penalty notice must be considered.

Please be aware of the statutory penalties within a rolling three-year period:

First-Offence: A Penalty Notice of £80 per parent, per child if paid within 21 days, increasing to £160 if paid between days 22 and 28.
Second-Offence: A flat-rate Penalty Notice of £160 per parent, per child if paid within 28 days, with no option to pay at the lower £80 rate.
Third-Offence: A third period of unauthorised absence within three years cannot receive a Penalty Notice. The Local Authority will instead consider immediate prosecution at the Magistrates' Court, which can lead to a criminal record and fines of up to £2,500.

How do I pay my PCN?

Payment methods are available on the back of your PCN invoice. If you wish to pay your PCN online, you can do so by clicking the following link:

School Attendance PCN (Penalty Charge Notice) Payment - MyServices

What happens if I don't pay?

If you do not pay the penalty charge notice within the statutory deadlines stated in the notice, you may be prosecuted for the offence of failing to ensure your child's regular attendance at school.

You will receive further details from our legal team to confirm the intended prosecution, including details of any scheduled court hearings. In this event, you are advised to seek independent legal advice.

Appeals and Withdrawal of PCNs

There is no statutory right of appeal against the issuance of a Penalty Notice. If you believe that the penalty notice should not have been issued due to exceptional circumstances, we advise that you contact your child’s school as soon as possible as the statutory payment deadlines in your penalty notice(s) cannot be extended or placed on hold.

A Penalty Notice may only be withdrawn for the following reasons:

Procedural error - Where it ought not to have been issued (i.e. it was issued outside the Local Authority’s Code of Conduct or no offence was committed).
Incorrect recipient - Where it has been issued to the wrong person.
Material defect - Where the Notice contains a material defect.

Where a Penalty Notice is withdrawn, a formal notice of withdrawal will be given to the recipient and any amount paid will be refunded in full. No legal proceedings will be continued or instigated against the recipient for the offence to which the withdrawn Notice related.

Where to find help

If you require any further information please email us at pcn@sefton.gov.uk

Download the Penalty Notice Code of Conduct

Children who are not attending school

Sefton Council recognises that poor school attendance can be both a cause and a symptom of more complex problems in the lives of children and young people. Where this is believed to be the case, individual school staff and targeted services will work with the family to understand the barriers to accessing education and offer support to overcome them.

However, in some cases, the child and family may need support from a number of different agencies to meet their needs, and this support can be coordinated through an Early Help assessment.

Sefton offers schools additional attendance support through traded services. Information about these options is available on the Sefton Education website.

In Sefton, we strive to return children to school successfully and uphold their right to access their education. Where additional needs or barriers have been identified, Sefton will always offer advice and support and will only consider pursuing legal action as a last resort. However, statutory action can and will be taken against parents where necessary, and there is an expectation from the government that we will use the legislation available to pursue this.

Guidance for identifying and maintaining contact with Children missing education.

Unregistered Schools and Out of School Settings

Over recent years across the UK, there has been a rise in the number of institutions operating as schools which should be registered. Operating an unregistered school is a criminal offence, and Sefton Council is working alongside the DfE, Ofsted and other organisations to help ensure children receive a suitable education in the correct environment.

What makes a school unregistered?

A school must be registered with the Department for Education (DfE) if it offers full-time education and meets any of the following criteria:

It has five or more pupils of compulsory school age.
It is an independent school.
It has one or more pupils with an Education, Health and Care Plan (EHCP).
It has one or more pupils who are looked after (within the meaning of Section 22 of the Children Act 1989).

If a setting is operating as a school and is not registered, it is operating illegally and children may be at risk.

What is the risk of attending an unregistered school?

Unregistered schools do not have to comply with the same regulations as registered schools. These regulations exist to keep children safe, offer the best possible learning environment, and maintain high educational standards.

Parents and guardians who send children to unregistered schools may be:

Putting children at risk of harm.
Denying them a suitable education.
Limiting their life chances.

How is the issue of unregistered schools being tackled?

Ofsted has a dedicated team of inspectors that identifies, investigates, and collects evidence regarding potential unregistered independent schools. Ofsted also possesses the power to inspect these suspected settings.

Between January 2016 and the 31^st March 2020, Ofsted’s Unregistered Schools team investigated 694 settings suspected of operating without registration. Inspectors conducted 345 inspections and issued 95 warning notices. This resulted in 79 settings either closing completely or ceasing to operate illegally. Consequently, individuals found to be running unregistered schools have faced prosecution.

How can I help?

If you are aware of an unregistered school, or believe a setting may be operating as a school, please contact: Welfare.Officers@sefton.gov.uk

We will then ensure that the necessary checks are undertaken to establish whether the setting is operating in a way that requires it to register.

If your query is urgent, please contact the School Attendance Support Team on 0151 934 3359.

You can view our privacy policy here.