Rising Fines for Unauthorized School Absences
As the school summer holidays approach, many parents are facing the potential of fines if they take their children out of school early for a trip. According to recent data, there has been a sharp increase in unauthorized school absences during the 2023/24 academic year. Lawhive, a data analyst firm, reviewed government figures and found that penalty notices reached a record high of 487,344 in this period, with 443,322 linked to unauthorised term-time holidays. This marks a 138% increase compared to 186,281 in 2021/22.
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Daniel McAfee, head of legal operations at Lawhive, highlighted that the Education Act 1996 makes it clear that parents are legally responsible for ensuring regular school attendance unless another form of education is agreed upon. He emphasized that this duty is not optional and applies regardless of personal beliefs about the value of term-time travel.
The latest figures also represent a dramatic 950% increase compared to the pandemic low in 2020/21, when only 45,809 unauthorized absences were recorded. Daniel warned that parents could face fines of up to £2,500 if they choose to take their child on a term-time holiday. The fine is £60 per child, per parent, if paid within 21 days.
Legal Obligations for Parents
School attendance is a significant concern for both parents and the education system. In England and Wales, the legal obligations are clear and firmly established. The key legislation governing this area is the Education Act 1996, which places a legal duty on parents or guardians to ensure their children aged between 5 and 16 receive a suitable full-time education. This can be achieved through regular school attendance or alternative arrangements such as elective home education.
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Schools are responsible for maintaining attendance records and distinguishing between authorized and unauthorized absences. Generally, authorized absences include instances such as illness, medical appointments, or religious observance—provided the school is notified and grants permission. However, taking a child out of school during term time for a holiday without prior authorization is typically recorded as unauthorized.
Consequences of Unauthorized Absences
Fixed Penalty Notices (FPNs) for term-time holidays have reached a record high of 487,344 in the latest reporting period. Of these, 443,322 were directly linked to unauthorized term-time holidays—a staggering 138% increase from the 186,281 issued in 2021/22. Daniel explained that local authorities are empowered under the Education (Penalty Notices) (England) Regulations 2007 to issue FPNs when attendance laws are breached, and schools are legally obliged to report unauthorized absences.
The use of FPNs is intended not as a punishment but as a compliance tool to support consistent school attendance. However, many families are unaware of how quickly an unauthorized absence can lead to legal consequences. Daniel said that local authorities and schools will often engage with families first to understand the reasons behind poor attendance. If those conversations do not result in improvement, legal enforcement may follow.
Financial and Legal Implications
When parents remove their children from school without permission, they may face serious legal and financial consequences. The initial sanction is usually an FPN, issued under local authority discretion. The standard fine is £60 per parent, per child, if paid within 21 days. If payment is delayed and made between day 22 and day 28, the fine rises to £120. After 28 days, non-payment may result in prosecution.
The implications of failing to pay can be significant, including a criminal record, a fine of up to £2,500, a parenting order, or community sentence. In exceptional cases, parents could face a custodial sentence of up to three months. For a family with two children and two parents, the initial fine can total £480—an amount that may quickly escalate if deadlines are missed.
Daniel advised that while prosecution is considered a last resort, the courts will treat non-compliance seriously where previous interventions have failed. His advice to any parent in this position is to act promptly—whether that means paying the fine, requesting a review, or providing evidence of mitigating circumstances. Proactive engagement can make a tangible difference in resolving such issues.
