Restrictions on the use of Education Penalty Notices
In accordance with the Education (Penalty Notices) (England) (Amendment) Regulations 2024, a parent can only be issued with a maximum of two Education Penalty Notices in respect of the same child in a rolling three year period. The three year period begins with the date of the first penalty notice issued after 19 August 2024.
Any penalty notices issued:
(a) for offences arising from unauthorised leave of absence (such as for term time holidays) or
(b) as a response to patterns of regular or sporadic unauthorised absences and late arrival after the close of registration will count towards this maximum threshold.
Where a third or subsequent offence occurs within the rolling three year period which otherwise fulfils the criteria for the issuing of an Education Penalty Notice, the LA will consider alternative strategies which in most cases will be a prosecution for the offence.