What is enforcement action?
The Council takes poor school attendance very seriously, and enforcement action will be taken if a child’s attendance does not improve, or if a child has an unauthorised leave of absence in term time. School’s will follow the School Attendance Matters Pathway and will make a referral to the Council for enforcement action to take place.
An Education Supervision Order is a court order made in the Family Court, which gives the Council a supervisory role over a child’s education. When an Education Supervision Order is made, the child’s parents are legally required to comply with any directions the court makes under the Education Supervision Order. If parents do not comply with the Education Supervision Order, they can be prosecuted.
A referral to the Magistrates Court for prosecution. This could result in a fine of up to £2,500, an order to do unpaid work or imprisonment of up to 3 months.
In some cases, it may also be necessary to refer to Children’s Social Care.
National Framework for Fixed Penalty Notices
From 19 August 2024 the Government have introduced a new National Framework for Penalty Notices. Under the National Framework all schools will be required to consider a Fixed Penalty Notice (FPN) when a child has missed 10 or more sessions for unauthorised reasons in 10 school weeks. Each school day has 2 sessions, AM and PM, meaning 10 sessions could be 5 full school days or 10 half days.
In the majority of cases, schools and the Council will try and provide support to help you improve your child’s attendance first, but if this isn’t effective, or if the absence is for an unauthorised term time holiday, parents may receive an FPN. FPN’s are used as an alternative to prosecution.
The National Framework for Penalty Notices sets out that a maximum of 2 FPN’s per child, per parent can be issued within a rolling 3-year period. If the national threshold is met for a third time (or subsequent times) within 3 years, another tool will be used.
- First FPN in a 3-year period: £160 per parent, per child to be paid within 28 days. Reduced to £80 per parent, per child if paid within 21 days
- Second FPN in a 3-year period: £160 per parent, per child to be paid within 28 days
- Third occasion in a 3-year period: A FPN will not be issued, and the Council will consider alternative enforcement
School attendance guidance and legislation
Working together to improve school attendance - GOV.UK (www.gov.uk)
Education Act 1996 (legislation.gov.uk)
Equality Act 2010 (legislation.gov.uk)
Rotherham Code of Conduct
To comply with Human Rights legislation, it is essential that Fixed Penalty Notices are issued in a consistent manner. The Code of Conduct governs the issuing of Fixed Penalty Notices in respect of poor school attendance and unauthorised holidays or leave of absence taken in term-time.
