Holiday Requests
Use of penalty notices and other attendance legal interventions
Legal interventions may be sought if providing support to improve attendance is not appropriate (eg for an unauthorised holiday in term time), or has not been successful or engaged with. In accordance with the Lancashire code of conduct, we may request that the local authority issue penalty notices for unauthorised absences that include:
- Leave of absence which is taken without a prior request being made.
- Leave taken after a request has been declined.
- Days taken in excess of an agreed period of leave, without good reason.
- Other unauthorised absence that meets the required threshold, including sessions marked as late after the register has closed (code U).
On 19 August 2024 new penalty notice arrangements came into force, with changes to the cost of a penalty notice and to the thresholds at which penalty notices may be requested by school. The DfE now requires that schools must consider if a penalty notice is appropriate when the thresholds are met. The changes to be aware of are:
- Penalty notices issued for offences that take place after 19 August 2024 will be charged at £160 per parent per child. This will reduce to £80 if paid within 21 days.
- Any second penalty notice issued to the same parent for the same child within a rolling 3-year period will be issued at the rate of £160 to be paid within 28 days with no option for a discounted rate.
- The threshold at which a penalty notice must be considered is set at 10 sessions (equivalent to 5 days) of unauthorised absence within a rolling 10-school week period. This may include absences as a result of arriving late after the register closes. The 10 school weeks may span different terms or consecutive school years.
- A maximum of two penalty notices may be issued to a parent for the same child within a rolling 3-year period, so at the 3rd (or subsequent) offence(s) another course of action will need to be considered (such as prosecution or one of the other attendance legal interventions).
- If a school requests a penalty notice for absences other than unauthorised holidays, including being late after the register has closed, the local authority School Attendance Legal Team may issue a Notice to Improve to parents. A Notice to Improve is a final opportunity for parents to engage in support and improve attendance before a penalty notice is issued. If the national threshold has been met and offers of support have not been engaged with by parents or have not worked, a Notice to Improve may be issued to give parents a final chance to engage with support and improve their child's attendance.
