The Education Welfare Services team issue fixed penalty notices on the request of schools and in agreement with information and evidence provided by schools.
Offences
Fixed penalty notices will only be issued for offences where the council is willing and able to prosecute.
National framework thresholds
A fixed penalty notice will be issued where the national framework threshold has been met and the school becomes aware of this. The school decides whether or not to request a fixed penalty notice.
The national framework threshold has been met when a pupil has been recorded as absent for 10 sessions (1 session equals 0.5 days) in a 10-week school period with one or a combination of the following codes:
- code G: the pupil is absent without leave for the purpose of a holiday
- code N: the circumstances of the pupil’s absence have not yet been established
- code O: none of the other rows of table 3 in School Attendance Regulations 2024 apply
- code U: the pupil attended after the taking of the register ended but before the end of the session where no other code applies
The council will ask schools to check with other schools where siblings attend. This is to make sure:
- there is consistency handling cases of unauthorised absences
- the national threshold is being appropriately applied
Exclusions
Parents or carers must make sure that an excluded pupil stays out of public places during school hours in the first 5 days. If not enforced by parents and carers without good reason, schools can ask for a fixed penalty notice.
Getting a notice
Fixed penalty notices are issued through first class post.
No parent will receive more than 2 penalty notices for one child's unauthorised absence in a 3-year rolling period. Fixed penalty notices are issued to each parent or carer of an individual child.
For pupils attending school outside of Bracknell Forest, we work with other local authorities to make sure that no parent receives more than 2 penalty notices in a 3-year rolling period.
Paying a notice
Details for payment can be found at point 5 on the fixed penalty notice.
The council will send a certificate of receipt of payment of the fixed penalty notice to the payee.
Payment in full of the fixed penalty notice discharges the parent or carer’s legal responsibility for the period of unauthorised absence outlined in the notice. The parent or carer cannot subsequently be prosecuted for that period.
First notice
The charge is:
- £80 if paid within 21 days
- £160 if paid within 28 days
All payments received after the 28 day deadline has passed will be reimbursed to the payee.
Second notice
Where a second fixed penalty notice is issued to the same parent or carer of the same pupil within 3 years of the first offence, the second notice is charged at a flat rate of £160 if paid within 28 days.
All payments received after the 28 day deadline has passed will be reimbursed to the payee.
Non-payment of notice
If the fixed penalty notice is not paid at the end of the 28 day period, we will either:
- prosecute for the substantive offense
- withdraw the notice and not proceed to prosecution
Non-payment of a penalty notice may trigger a prosecution under the provisions of section 444(1) of the Education Act 1996 on the basis that the parent has failed to secure regular school attendance.
Prosecution is in respect of non-attendance, not the non-payment of the fixed penalty notice.
Appeals
There is no right of appeal by parents or carers against a fixed penalty notice. Failure to pay and discharge your liability will result in prosecution.
If parents or carers feel the penalty notice was wrongly issued, they need to contact the school.
For full information, view the code of conduct.
Education Welfare Service
The Education Welfare Service is responsible for issuing fixed penalty notices and managing payment arrangements.
This makes sure that:
- all fixed penalty notices are consistently issued
- enforcement action is not duplicated
- any subsequent court action is integrated into the existing procedures
Fixed penalty notices will only be issued within the terms of our Code of Conduct.
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