We may issue a penalty notice if a child has been recorded as absent for 10 sessions (usually equivalent to 5 school days) within 10 school weeks, and one or more of the following applies:
- the child is absent from school and the school have not authorised the absence
- the child is absent without permission for a holiday
- the child arrived late after the register was taken
In some cases, if we believe a penalty notice would be appropriate, we may issue one at our discretion before the above conditions are met.
We can issue 2 penalty notices per child, per parent within a rolling 3-year period. If the conditions are met for a 3rd penalty notice within 3 years, we may consider prosecution in the Magistrates Court, application to the Family Proceedings Court for an Education Supervision Order.
Excluded children in a public place
For the first 5 days of their exclusion, children should not be in a public place without good reason. If we're told this has happened, the school or organisation that tells us must have investigated the situation to find out whether an offence has been committed.
We expect that in the first instance parents are reminded of their responsibilities under the legislation. If the behaviour continues, a penalty notice may be issued.