What an Education Penalty Notice is and how to pay.
What an Education Penalty Notice is
As a parent you have a legal responsibility to make sure your child or young person gets a full-time education. Schools must by law keep attendance registers. The school marks all absences as either authorised or unauthorised, where no acceptable reason is given.
You can find further information about school attendance and absence on GOV.UK Go to https://www.gov.uk/school-attendance-absence (opens new window)
If your child or young person is absent and their absence is marked as unauthorised you may get an Education Penalty Notice. Your child or young person's school will ask us to send an Education Penalty Notice. An Education Penalty Notice is a fine that parents may receive if their child is absent from school without authorisation. It's an alternative to prosecution.
When Education Penalty Notices are given
Education Penalty Notices are given when a pupil has 10 or more unauthorised absences (5 days) within the last 10-week period. For example, if your child or young person:
- has an unauthorised holiday where you have taken your child on holiday during term time without authorisation from the school (coded as G)
- regularly arrives late for school after the register has closed (coded as U)
- has odd days off which have not been authorised by the school (coded as O)
Education Penalty Notice warning
In most cases your child or young person's school will give a warning that you may get an Education Penalty Notice. This warning is sometimes called a ‘Notice to Improve' warning letter. If a child or young person has taken holiday in term time without letting the school know in advance, a warning may not always be given.
Education Penalty Notice charge
First Education Penalty Notice
The penalty is £80 payable per parent, per child or young person. For example, 3 siblings absent for leave during term time would result in each parent getting 3 separate fines payable within 21 days. The penalty rises to £160 per parent per child or young person if paid between 22 and 28 days.
Both parents have responsibility for making sure their child or young person attends school regularly.
Second Education Penalty Notice
If a second Education Penalty Notice is given within a rolling 3-year period the penalty is £160 per parent, per child or young person if paid within 28 days.
Third Offence or Any Further Offences in a 3-year rolling period
The third time an offence is committed for a Term-Time Leave of Absence or irregular attendance by the same parent for the same child including those by other Local Authorities a Penalty Notice will not be issued but will be referred to our Education Welfare service for prosecution which may result in fines of up to £2,500 per parent, per child.
Cases found guilty in a Magistrate's Court can show on a parent's future DBS certificate.
Parent definition
Section 576 of the Education Act 1996 defines ‘parent' as:
- all natural (biological) parents whether they are married or not
- any person who although not a natural parent has parental responsibility for a child or young person
- any person who although not a natural parent has care of a child or young person
This definition includes step-parents, carers, a partner of a parent, grandparents and other relatives. The school decides with us who comes within the definition of parent for a particular pupil when using the legal measures.
Who is a parent for educational provision.
What to do if you have an issue with your Penalty Notice
There is no right of appeal for a Penalty Notice. If you have an issue with the Penalty Notice speak to the school directly, as they have requested the Penalty Notice.
If you want to discuss payment or anything regarding the administration of the Penalty Notice email educationpenaltynotices@bristol.gov.uk
Pay your Education Penalty Notice
Pay online
Most people pay their Penalty Notice. It's quick and easy to do, you'll need your Penalty Notice number. This is the reference number on the Penalty Charge Notice starting with ED. This should be 8 digits long.
Pay Education Welfare Penalty Notice
Other ways to pay
Send a cheque
You can send a cheque made payable to Bristol City Council to Payment Processing (Education Welfare), PO Box 3399, Bristol City Council, Bristol, BS1 9NE
What happens if I don't pay
If you don't pay within 28 days from getting the Education Penalty Notice you may be prosecuted under Section 444 of the Education Act 1996 for the offence of failing to make sure your child or young person attends school regularly.
If it is proved, you can get a fine up to £2500 and other measures such as Parenting Orders or Community Sentences. You'll have a criminal record if found guilty of the offence.
Information about Education Penalty Notices on GOV.UK
What happens to the money collected
Monies collected are used for administration of the penalty notice system and prosecution. Any surplus left after this is ringfenced and used for attendance support.
Cross border penalty notice
If you are another council enquiring about cross border penalty notices email crossborder.penaltynotice@bristol.gov.uk.