Attendance Changes

Dear Parent/Guardians,

A new National Framework for Penalty Notices for school absence, including unauthorised absence through holidays as well as other unauthorised absences, is being introduced following changes to the law. These new Government regulations will come into effect from 19 August 2024, and we wanted to bring this to your attention now, as it will affect when penalty notices are issued.

At Brook Lodge, we have, in the past, looked to avoid sanctioning penalty notices.  However, we have seen a rise in the number of unauthorised absences being taken (especially through holidays): we have more than the Local Authority average and over half our children classed as persistently absent (90% and below) have taken unauthorised absences through holidays. This, as well as the change of law, means that we will, from the date of the change of law be issuing fines where appropriate to school-age children.

What are the changes?

1. There will be a new national threshold of 10 unauthorised sessions for any reason (equivalent to 5 school days) within a rolling 10 school week period for when a penalty notice must be considered.
2. The new rules mean you will no longer be able to take your child out of school for one week’s holiday without the likelihood of a penalty notice being issued.
3. There will be an increase in the penalty fine from £60 to £80 if paid in 21 days. If the fine is not paid by the first 21 days, it will rise to £160 if paid within 28 days of being issued.
4. If a second penalty fine is issued to the same parent for the same child within a 3-year rolling period, the fine will automatically rise to £160 with no option to pay the lower rate of £80.
5. If a parent then commits a third offence in a 3-year rolling period, the local authority will need to consider other enforcement options available to them.

These changes are reflected in our new school attendance policy, which is available here, and has been agreed by Governors.  If you wish to request a Leave of Absence, then please fill in the form found in the term dates section or alternatively, follow this link.

 

There are some answers to FAQ

Where is any fines money spent?

Any fine is collected by the council and the money is put back into supporting attendance improvement in St Helens.  School does not see any of the money.

If I have already booked a holiday for next year, could I receive a penalty fine at the new higher rate?

Yes, if the absence has not been authorised by the Head Teacher of your child’s school. Remember, only a Headteacher can agree whether an absence can be authorised in exceptional circumstances.

Who can be issued with a penalty notice?

• Each parent can receive a fine for each child who has had unauthorised absence from school.
• In education law, anyone who lives with a child and who has day-to-day care of the child is also considered to be a parent whether they are the biological parent or not. For example, this will include step-parents and partners.

Do the new rules only apply to holidays during term time?

• No, it applies to all unauthorised absence from school including holidays. Unauthorised absence includes other absence that has not been agreed such as truancy, arriving late after the register has closed and failing to provide valid reasons for absence or not providing reasons at all.

How do I request for my child to have leave granted during term time?

• You must submit an Absence Request form at least 28 days before the proposed absence. It will be for your child’s Head Teacher to decide as to whether there are exceptional circumstances that will allow them to grant the time off. Do not assume that the absence will be granted until you have received confirmation from the school.

Do the 10 sessions of unauthorised absence have to be taken all at the same time before a penalty fine is issued to the parent/Carer ?

• No, a penalty fine can be issued for any combination of absences over a 10-week rolling period. They can be consecutive or non-consecutive and can span over two terms or over two academic years.

What happens if I am issued with a penalty fine and I don’t pay it?

• Unauthorised absence from school is an offence under s444 of the Education Act 1996. A penalty fine is an opportunity for you to settle out of court. If you don’t take this opportunity, you can be prosecuted for the offence of failing to ensure your child’s regular attendance.

What should I do if I am worried about my child’s attendance?

• In the first instance you should contact your child’s school and ask for advice on how they can support you to improve the situation.