Non-Payment of Education Penalty Notices
If at the end of twenty-eight days of receipt of the Education Penalty Notice payment in full is not received by the Local Authority the Local Authority shall normally prosecute the recipient for the offence of failure to ensure regular school attendance under s444(1) Education Act 1996. Proceedings cannot be issued before the expiry of the 28 day period.
A certificate signed by the Lead Officer for Attendance or other authorised officer, stating that the recipient of an Education Penalty Notice has not paid the penalty before a date stated in the certificate (28 days after receipt of the notice), shall be received as evidence in any legal proceedings and shall be evidence of the matters stated within it.
Where an Education Penalty Notice has not been paid or withdrawn, but the LA has neither instituted a prosecution of the recipient nor intends to do so, the LA shall record that Education Penalty Notice as withdrawn in accordance with Regulation 9 Education (Penalty Notices) (England) Regulations 2007.