Section 444A into the Education Act 1996 allows for penalty notices to be issued where it appears that an offence under s444 (1) of the Act (failure to ensure regular school attendance) has been committed. Section 444B also provided for further regulations to be made relating to the use of Education Penalty Notices. The current regulations are the Education (Penalty Notices) (England) Regulations 2007 as amended. The most recent amendments are contained within the Education (Penalty Notices) (England) Regulations 2024.

The Education Act 2005 inserted s444ZA into the Education Act 1996 and extends the use of Education Penalty Notices to circumstances where a parent fails to ensure that a child for whom he or she is responsible attends the alternative provision that has been made for the child. The term “school” within this Code should therefore be deemed to include alternative educational provision within the definition contained in the Education (Penalty Notices) (England) Regulations 2004 as amended by the Education (Penalty Notices) (England) (Amendment) Regulations 2005.

When issuing Education Penalty Notices it is important that consideration is given to the requirements of the Human Rights Act and other legislation relating to equal rights and non-discrimination.

The regulations permit the issuing of Education Penalty Notices by local authorities, the police or schools, although only local authorities are permitted to collect payments and take enforcement action in the event of non-payment.

The Local Authority (LA) has responsibility for developing a Code of Conduct to coordinate and govern arrangements for the use of Education Penalty Notices in Stockport.