Introduction

Section 444A Education Act 1996: Education Penalty Notices for failure to ensure regular attendance at school

Throughout this code the term “Education Penalty Notice” shall be construed as relating solely to fixed penalty notices issued under s444A Education Act 1996.


Attendance-related Education Penalty Notices were introduced in 2004 with the aim of reducing levels of school non-attendance. They offer a swift intervention which may be used to combat school attendance problems before they become entrenched. Education Penalty Notices also provide a parent with the opportunity to pay a fine for their child’s non-attendance at school, thereby discharging any liability for offences under section 444(1) of the Education Act 1996 for that period of non-attendance. Education Penalty Notices were first used in Stockport in 2005 following the publication of the first edition of this Code of Conduct.

In recent years, the vast majority of Education Penalty Notices issued both in Stockport and nationally have been in respect of individual episodes of unauthorised term time leave of absence for family holidays and other purposes. However, Education Penalty Notices can also be used to combat other types of non-attendance such as patterns of regular or sporadic non-attendance and late arrival after the close of registration.

In 2024 the government strengthened the law regarding the use of Education Penalty Notices by introducing new regulations to support a new National Framework for Penalty Notices with the following stated aims:

  • Make penalty notices more effective by ensuring they are only used in cases where they are the most appropriate tool to change parental behaviour and improve attendance.

  • Prioritise the support first approach by expecting support to be used in cases where it is appropriate and using penalty notices in cases where support is not appropriate (e.g. a term time holiday) has not worked or has not been engaged with.

  • Improve consistency in the use of penalty notices across England by introducing a new national threshold at which they are considered.

  • Improve the deterrent effect of a penalty notice by increasing the amount and introducing a new national limit of 2 penalty notices within a 3 year period to break cycles of repeat offending.

These changes were introduced through changes to secondary legislation in the form of The Education (Penalty Notices) (England) (Amendment) Regulations 2024 which take effect from 19/08/2024.

This edition of the Code of Conduct incorporates the changes brought in by the National Framework and the new regulations and applies to Education Penalty Notices issued in respect of offences committed after that date. Education Penalty Notices issued before or after 19/08/2024 in respect of offences occurring before that date will continue to be governed by the previous Code of Conduct.

The Code of Conduct also takes account of the guidance from the Department for Education in Working Together to Improve School Attendance: statutory guidance for maintained schools, academies, independent schools and local authorities (29 February 2024).