Frequently Asked Questions

Q: Will I be fined or prosecuted if my child is in Reception?

A: You can only be fined or prosecuted once your child is of compulsory school age (CSA). A child reaches CSA the term after their 5th birthday. For example, if your child turns five on 28th June 2025, they won’t be CSA until September 2025.

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Q: I’ve already received fines before August 2024. Are these still counted?

A: No, fines before the introduction of the national framework are not carried forward. However, if you've already been summoned to court, your Local Authority (LA) might skip the fine stage and proceed directly to court.

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Q: The national framework says it is 10 sessions (5 days) before a fine/prosecution is considered, so why have I been fined for 4 sessions (2 days)?

A: Local Authorities have discretion in how they implement the national framework. Some operate with zero tolerance, meaning their threshold might be as low as 2 sessions (1 day). Check your LA's specific policy.

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Q: Why was I summoned straight to court when I should have been fined first according to the national framework?

A: Your Local Authority might consider your child’s absence excessive, have a zero-tolerance policy, or you already have a history of court summonses. LAs are allowed to implement the policy in their own way.

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Q: Why are inset days included in fines when children don’t attend school on those days?

A: If a period of absence includes an inset day, it may still count toward the fine threshold, as it can appear to manipulate the 10-session limit to avoid a fine. Totally unfair – but this is how it is working.

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Q: What is the 3-year rolling period?

A: You can receive a maximum of two fines within any 3-year period. For example, if you are fined in October 2024 and June 2025, any further unauthorised absences within three years of the first fine, i.e. October 2024, could result in a court summons.

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Q: What is the “10 sessions in a 10-week rolling period”?

A: This means that if your child has 10 unauthorised sessions (e.g., tardiness or absence) within a 10-week period, it meets the threshold for fines or prosecution. The sessions don’t need to be consecutive; they can be spread across different weeks.

For instance, if your child is late every day for one week (5 morning sessions unauthorised) and then has another 5 sessions (2.5 days) 3 weeks later as unauthorised leave, this would then meet the 10 sessions threshold in a 10-week period.

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Q: Where does the money from fines go?

A: The money does not go back to the schools because this would be a conflict of interest. Fines are used to cover the administrative costs of processing Fixed Penalty Notices (FPNs). According to a freedom of information request, no profit had been made from FPNs up until the date of the FOI request.

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Q: My child was marked as having unauthorised absence, but they were sick. What can I do?

A: Send an email or letter to the school explaining the illness and request the absence be marked as authorised. Keep a written record for future reference.

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Q: Why am I being asked to provide evidence of my child’s illness?

A: Schools should only request evidence if they doubt the veracity of the illness; this is in the ‘working together to improve school attendance’ document which was published by the government. It is another reason why it important not to lie to the school about other absences as that just gives them more ammunition to ask for evidence every time your child is sick.

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Q: I have been summoned to court and received a hefty fine but I avoided a criminal record, right?

A: Unfortunately, no. If you’ve been fined through a court process, you likely now have a criminal record. If unsure, review the court paperwork carefully.

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Q: I’ve received a Single Justice Procedure (SJP) notice or court summons. Should I plead guilty or not guilty?

A: This is your decision, but ensure you understand the facts. There are only four statutory defences:

1. Your child was genuinely ill.

2. A clerical error marked your child absent.

3. Your LA failed to provide transport within a certain radius.

4. Absence due to religious observance (usually 1–2 days).

Mitigating circumstances might reduce the penalty but won’t affect the verdict. “Regular” attendance means every day the school is open - following the Platt case in 2015, Lady Hale’s ruling meant that even if your child has 98% attendance, the definition of regular means every day the school is open.

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Q: Can I refuse to pay the fine?

A: This is not a wise decision. Refusing to pay the fine will inevitably result in court proceedings, leading to a criminal record and higher court costs.