Parents/carers can be prosecuted if they:

  • fail to pay an Education Penalty Notice
  • have committed an offence that they would otherwise receive an Education Penalty Notice for, but have already received 2 Education Penalty Notices regarding the same child within a rolling 3 year period

This is in accordance with section 444(1) of the Education Act 1996, and if found guilty, parents/carers can be fined up to £1,000.

Note that fines apply per parent/carer, for each non-attending child.

Further information

Most prosecutions take place in the Magistrates’ court. However, prosecutions for unpaid Education Penalty Notices arising from unauthorised leaves of absence normally take place via the single justice procedure. This means that prosecutions can take place without a formal court hearing unless the person being prosecuted requests a hearing or pleads not guilty.

Legal Aid to cover a solicitor’s costs is generally only available to parents charged with a more serious offence under section 444(1A) of the Education Act 1996.