Fixed Penalty Notice
Statutory Guidance: Fixed Penalty Notices (FPN)
At Cheam High School, we operate within the National Framework for Penalty Notices (introduced August 2024). This framework ensures a consistent approach to school attendance enforcement across all English local authorities, including the London Borough of Sutton.
1. Legal Basis: The Education Act 1996 & Anti-Social Behaviour Act 2003
Under Section 444 of the Education Act 1996, parents/carers are legally responsible for ensuring their child attends school regularly. If a child fails to do so, an offence is committed.
- The Penalty Notice: This serves as an alternative to immediate prosecution. It allows parents to discharge their potential criminal liability by paying a fine, rather than appearing in a Magistrates’ Court.
2. Why is Attendance Enforced?
National research underlines three critical areas impacted by absence:
- Attainment Gap: DfE data shows that students with high levels of absence (Persistent Absence) are significantly less likely to achieve the 'Grade 5 or above' threshold in GCSE English and Maths.
- Safety & Safeguarding: The Children’s Commissioner highlights that students out of school are at a statistically higher risk of 'hidden harm', including criminal exploitation (County Lines) and serious youth violence.
- Social Equity: Regular attendance is the single most effective driver of social mobility, ensuring all students - regardless of background - have equal access to the curriculum.
3. The National 'Threshold' for Fines
Under the 2024 National Framework, a Penalty Notice must be considered if a student reaches the national threshold of:
10 sessions (usually 5 school days) of unauthorised absence within a rolling period of 10 school weeks.
These sessions do not need to be consecutive. They can be a combination of:
- Unauthorised term-time holidays.
- Persistent lateness (arriving after the register closes at 9:15 am).
- Unauthorised 'odd days' or condoned truancy.
4. Revised Cost of Fines (National Framework 2024)
The government has introduced a 'three-year escalator' for fines to deter repeat offences:
| Offence | Timeline | Cost (per parent, per child) |
|---|---|---|
| First Offence | Paid within 21 days | £80 |
| First Offence | Paid between 22–28 days | £160 |
| Second Offence | Within 3 years of the first | £160 (no discounted rate) |
| Third Offence | Within 3 years | Legal action (Prosecution/Education Supervision Order) |
5. Issuing and Appeals
- Method: FPNs are issued via first-class post to the home address of each parent/carer.
- Warnings: For persistent absence, a 'Notice of Intent' or a formal warning letter is usually issued. However, for unauthorised term-time holidays, the Authority may issue a Penalty Notice immediately, as the parent has made a deliberate choice to remove the child from learning.
- Appeals: There is no statutory right of appeal. If you believe the fine has been issued in error (e.g., your child was actually in school), you must contact the Sutton Attendance Support Team immediately.
6. Non-Payment and Prosecution
If the fine is not paid within 28 days, the Local Authority is required to prosecute for the original offence (failure to ensure regular attendance).
- Magistrates' Court: If found guilty, parents can face a fine of up to £2,500, a criminal record, and community orders.
- Remittance: Fines are paid to the Local Authority to cover the administration of the attendance service and to fund further support for families; the school does not receive this money.
Working Together
While the law provides these enforcement powers, Cheam High School’s priority is support. If your child is struggling to attend, please engage with us before the national threshold is reached. We would far rather implement a support plan than see a family face legal sanctions.