Penalty notices for regular non-attendance at school/alternative education provision

What is a penalty notice?

Parents and carers have a legal responsibility to ensure that their child(ren) receive a full-time education. Failure to do so may result in a penalty notice or, in more serious cases, legal prosecution.

A penalty notice is one of several interventions used to promote better school attendance. Attending school regularly is not only beneficial—it is essential. Regular attendance is closely linked to improved exam performance, increased learning opportunities, and better job prospects. Just as importantly, it supports children's social development by helping them build friendships, develop communication skills, and learn how to work effectively with others.

Where the criteria for issuing a penalty notice are met, Pembrokeshire County Council may issue a notice to a parent or carer whose child(ren) fail to attend school or alternative education provision regularly.

Penalty notices can only be issued for children of compulsory school age. They do not apply to nursery-age children or pupils in sixth form (Years 12 and 13).

If a penalty notice is issued, the fine is £60 if paid within 28 days of receiving the notice. If payment is made after 28 days but within 42 days, the amount increases to £120.

Who can issue a penalty notice?

Only the Local Authority is permitted to issue fixed penalty notices, in accordance with the Code of Conduct for penalty notices

If a school or the police request the issue of a penalty notice, Pembrokeshire County Council will carefully review all relevant documentation provided. An authorised officer will then determine whether it is appropriate to issue the penalty notice based on the evidence and the circumstances.

When will a penalty notice be issued?

The Code of Conduct outlines the specific circumstances under which a penalty notice may be issued.

The key criteria include:

A pupil must have accumulated a minimum of 10 sessions (equivalent to five school days) of unauthorised absences* during the current school term, and#
These absences must result in the pupil’s overall attendance falling below 90% for the school year to date.
The absences do not have to be consecutive.

*Unauthorised absences include:

Unauthorised non-attendance at school
Unauthorised holidays taken during term time- please see ‘Family holidays in term time’ for further information
Unauthorised late arrivals after the registration period has closed

Who decides if an absence is unauthorised?

The responsibility for deciding whether a pupil’s absence is authorised lies with the head teacher, or another designated member of school staff acting on behalf of the school. To support this decision-making process, the Welsh Government has issued guidance, which schools are encouraged to follow to ensure consistency and fairness when determining the validity of an absence.

Is there an appeal process?

No. There is no statutory right to appeal once a penalty notice has been issued. If you consider that a penalty notice has been wrongly issued to you, you can make representation for it to be withdrawn. If it is not withdrawn, you must pay the penalty, or you may be prosecuted for failing to ensure your child(ren)’s attendance at school.

How do I pay?

Please note that payment by instalments or part-payment is not accepted for penalty notices. The full amount must be paid within the specified time frame to avoid further legal action.

Can I get help if my child is not attending school regularly?

Yes. If your child is struggling to attend school regularly, both the school and Pembrokeshire County Council are here to help. We can offer advice and support to help you improve your child(ren)’s attendance.

It’s important to act early. If you have any concerns about your child(ren)’s attendance, please speak with your child(ren)’s school, the School Attendance Officer, Family Engagement Officer, or the Education Welfare Officer linked to your child’s school as soon as possible. Early communication can make a big difference in identifying and addressing any underlying issues.

How to get further information

Further information on the operation of this code of conduct and penalty notices is available from:

Pembrokeshire Education Welfare Service

Email: educationwelfareservice@pembrokeshire.gov.uk

Telephone: 01437 764551

School Attendance and Pupil Welfare