Leave Taken for Exceptional Circumstances - G code Penalty Notice

Under existing legislation, parents/carers commit an offence if a child fails to attend regularly and the absences are unauthorised by a school. Depending on circumstances such cases may result in prosecution under section 444 of the education act 1996. A penalty notice is an alternative to prosecution which does not require an appearance in court whilst still seeking to secure an improvement in a pupil's attendance. Payment of a penalty notice enables parents to discharge potential liability for conviction.

A penalty notice may be issued for unauthorised leave during term time that school know or suspect is due to a family holiday being taken during the school term. Headteachers have discretion to consider exceptional leave and look at each case on its personal merit.

If a parent request leave for an exceptional circumstance from school during term time, school must send a letter to the parent(s) immediately before the leave is taken informing that the leave request has not been granted and any days taken off due to the leave will be unauthorised. The letter must state that they are at risk of a fine and the possible amounts to be paid.  

If parent(s) do not notify the school prior to taking unauthorised leave, a letter should still be sent to seek the reasons for the leave prior to referring for a fine to be issued.

An example of a letter for unauthorised leave during term time can be found in the Resources page: Letter Templates. 

A child would need to have missed 10 sessions of school in a 10 week period and the absence would need to be recorded as unauthorised. The 10 week period can span two terms. Only two penalty notices can be issued per child, per parent in the space of three academic years.

The first penalty notice issued to a parent in respect of a particular pupil will be charged at £160 if paid within 28 days. This will be reduced to £80 if paid within 21 days.

A second penalty notice issued to the same parent in respect of the same pupil is charged at a flat rate of £160 if paid within 28 days.

Only two penalty notices can be issued for non-attendance at school.

A third penalty notice cannot be issued to the same parent in respect of the same child within 3 years of the date of issue of the first. In a case where the national threshold is met for a third time (or subsequent times) within those 3 years, alternative action should be taken instead. This will often include considering prosecution but may include other tools such as one of the other attendance legal interventions. For further information please read the Working Together to Improve Attendance guidance here.

In every case (except exclusion) a pupil will have had a minimum of 10 school sessions (i.e. five school days) lost to unauthorised absence before a penalty notice is considered.

The local authority decision is final in all penalty notice situations.