Education Penalty Notices Code of Conduct

Procedure for withdrawing an Education Penalty Notice

If you feel the penalty notice was wrongly issued, you should raise your concerns directly with the school. We're unable to overturn a school's decision if they have decided the absence was unauthorised.

There is no right of appeal by parents against a penalty notice. It can only be withdrawn if it can be shown that it was issued in error, for example:

• proof has been established that the penalty notice was issued to the wrong person
• the issuing of the penalty notice did not conform to the terms of this Code of Conduct
• if there are material errors in the penalty notice

If you feel this is the case you must contact the school directly and state the reason for the withdrawal. Where any of the above occurs, we'll then contact you to let you know whether the notice is withdrawn, and if any monies have been paid will be fully refunded. If the EPN is not withdrawn, then failure to pay and discharge your liability will result in prosecution

Once the notice has been withdrawn no proceedings under section 444(1) or section 444(1A) of the Education Act 1996 shall be continued or instituted against the recipient of the notice in relation to the offence for which the notice was issued.

A notice will also be recorded as withdrawn where it has not been paid or withdrawn on the above grounds, but the LA has neither instituted a prosecution of the recipient nor intends to do so.