School Fines

WORST AND BEST COUNCIL'S FOR SCHOOL 'FINES'

Who gives a School Fine for absence?

It is down to the HEAD TEACHER, as he/she informs the Council of the 'absence' and 'breach of school terms and conditions'.  I would raise the issue directly with that PERSON and hold them directly to account. If they say it was with their permission, the 'fine' is void and can be argued in court. 

Schools and Council's can't legally fine you.  

It breaches the Bill of Rights 1688/89 and Article 6 of the European Convention on Human Rights. 

It comes down to the TERMS & CONDITIONS set out by the SCHOOL. 

So read what you have signed. They are effectively fining you for "breach of contract". 

Do an SAR to the school for all the data they have stored on you: 

https://sites.google.com/view/subjectaccessrequest/home - It's FREE. 

In England, Section 444 of the Education Act 1996 states it's an offence to fail to make sure your child goes to school "regularly". 

But it all hinges on exactly what's meant by the word "regularly" – which the Supreme Court has now ruled means in "accordance with school rules". 

So go over the small print and see if it is a breach of contract taking the kids away.  

You can withdraw from the contract at any stage, just re-negotiate the terms and conditions and cross out anything that says you can't take your kids on holiday when you feel like it.  

Simply change the school rules as I do. 

https://www.moneysavingexpert.com/family/school-holiday-fines/ 

Once given the fine, you should look over the "School Rules" and see if you have breached them before deciding to pay or dispute the unlawful fine. 

I'd dispute it and take it all the way to the European court.

What I do is notify the school that the children are being home schooled and when they get back from holiday, 

I simply notify them that I have changed my mind. 

For the period they are being home schooled, you are not bound by the school's "terms and conditions". 

Example School Fine Challenge

What does the law say?

1. What law states that my child is unable to take any days off school?   There isn't one.  There is only the Education Act 1996 that makes it an offence for a parent to "fail to secure their  child's regular attendance at school". 

2.  Which Law states that I must get prior written consent to take my child out of school? There isn't one. Leave of absence during term time can only be approved by a Head Teacher IF there is no prior arrangement with the parent to educate whilst away from school.

The HIGH COURT ruling on SCHOOL FINES

The HEADTEACHER is ultimately responsible. Who else is going to report it and confirm whether the HEADTEACHER authorised the absence or NOT? 

If a child does not attend, someone has to tell the Council that the absence was 'unauthorised' and that falls squarely on the shoulders of the head teacher. The fines are effectively issued for a breach of the schools 'terms and conditions' as held in a 2017 Supreme Court ruling. 

https://www.supremecourt.uk/cases/docs/uksc-2016-0155-judgment.pdf

The above link to the PDF has been removed so here is a link to the webarchive for this judgment:

https://web.archive.org/web/20240227100849/https://www.supremecourt.uk/cases/docs/uksc-2016-0155-judgment.pdf

At issue was the meaning of the words “fails to attend regularly” in section 444(1) of the Education Act 1996. The court ruled that “regularly” did not mean “evenly spaced” or “sufficiently often” but instead “in accordance with the attendance rules”.

So it is effectively held under current case law that if you breach the school's 'terms and conditions' on attendance the local authority an issue a fine. So it is effectively issued for 'breach of contract'. https://www.theguardian.com/education/2017/apr/06/supreme-court-upholds-ban-on-term-time-holidays-jon-platt-unauthorised-break

Guidance from a School Attendance Officer

It's important to be aware that within the local authority, there are dedicated staff members who collaborate with schools and have the authority to issue fines for non-attendance. Surprisingly, many individuals are unaware of this aspect of the system. During my tenure, I participated in numerous network attendance meetings where we had the ability to identify all instances of unauthorized absences and potentially take further actions. It's crucial to understand that the local authority primarily relies on specific attendance codes for their assessment, and these codes are input by the attendance officer, not the head teacher.

I personally hold reservations about the use of fines and have never issued them during my time in this role. My responsibilities mainly involved addressing attendance issues left unresolved by my predecessor. The local authority had comprehensive access to our educational system, granting them the ability to view the profiles of individual students, along with the associated attendance codes and notes. It's worth noting that the head teacher does not possess the authority to override decisions made by the council. In certain cases, schools are directly overseen by local councils, effectively making them the ultimate authority, while schools under trusts operate under different governance structures.

For reference, the requirement of 190 school days can be found here: Link to Commons Library. The interpretation of this requirement may vary across different local authorities. In my location, we had access to resources like "early help" and educational support workers. Collaborating with these resources provides a safeguard against fines. Furthermore, schools should offer various forms of support, which may include counselling, additional educational support (SEND support), therapy dog services, and even adjusted timetables or the implementation of annex R for alternative provisions. Schools should have these support options clearly outlined in their attendance policies. If these provisions are lacking, one can argue that the school has not adequately supported the child's attendance and use this as a basis for appeal. Generally, a useful approach is to scrutinize the school's policies, as many staff members may not have thoroughly reviewed them, and school policies may not always be updated regularly.

Children with additional needs, provided they are either undergoing assessment or have an Education, Health, and Care Plan (EHCP), should not be subjected to fines. Special considerations should be made for these children, and parents have the right to assert that the school is not effectively addressing their needs.

Another effective strategy is the use of medical evidence as a basis for argument. It's perfectly acceptable for children to be absent from school due to illness. Nowadays, some doctors charge parents for sick notes, although many are unaware that these notes are not required. Instead, parents can request to document their child's appointments and medical care by taking pictures directly from the computer screen. This practice is acceptable, provided it does not include another person's personal information.

In cases where a child is dealing with mental health issues, a recent law allows for the use of a specific code (I) for days of absence related to mental health. Schools and healthcare professionals should collaborate to provide appropriate support and engage external agencies as necessary. In my area, we had resources like Young Devon and Pete's Dragon to aid in such situations.

Lastly, it's important to note that after a child has missed 15 school days (which do not need to be consecutive), local authorities bear the responsibility of ensuring that educational work is provided for the child. This responsibility lies with the local authority itself, not the school. Although this can be accomplished through the school, alternate provisions can be made, with the costs covered by the local authority. This ensures that educational needs are addressed, even when a significant number of school days have been missed.

EXAMPLE 'PENALTY NOTICE' ISSUED BY ESSEX COUNCIL

RESPONSE

[Your Name]
[Your Address]
[Postcode]
[Email Address]
[Phone Number]

To:
Education Compliance Team
Essex County Council
E2 Zone 1
County Hall
Market Road
Chelmsford
Essex
CM1 1QH

Date: [Insert today's date]

Subject: Formal Challenge to Penalty Notice – Reference: FPN-992129001-18062025

Dear Sir/Madam,

I am writing in response to the Penalty Notice dated 18 June 2025 issued against me as the parent/carer of Ayla, referencing unauthorised absence between 09/06/2025 and 16/06/2025.

I wish to formally contest the validity and legality of this penalty notice on the following grounds:

1. Contravention of the Bill of Rights 1689

The Bill of Rights 1689 states that:

“...all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void.”

A penalty notice constitutes a fine. Imposing such a fine without first securing a conviction by a competent court breaches this statutory protection and is therefore unlawful. This principle has been repeatedly upheld and remains part of constitutional law.

2. Absence of Right of Appeal Is Unlawful

The notice states:

“There is no right of appeal against a penalty notice which has been issued in respect of school absence.”

This is legally untenable. In R (de Crittenden) v The Parking Adjudicator & Anor [2006] EWHC 2944 (Admin), Mr Justice Collins confirmed that:

“What could not prevail was a fine or forfeiture in respect of which there is no right of appeal, whether ultimately to a court or through a system set up which is the equivalent of a court.”

The absence of an appeal mechanism, either judicial or quasi-judicial, renders the penalty process incompatible with basic principles of administrative justice and due process.

3. Unclear or Unsupported Basis for Issuance

According to the Code of Conduct referenced, penalty notices should only be issued when the criteria established by both the National Framework and Essex County Council’s published code have been met. You are required to ensure proper evidential support and procedural fairness. I request disclosure of:

• The attendance register details underpinning the alleged offence

• Any correspondence sent to me by the school regarding unauthorised absence

• The headteacher's decision and justification for classifying the absence as unauthorised

• Full details of the review process conducted before the notice was issued
  
  

4. Request for Immediate Withdrawal

Based on the above, I formally request that this penalty notice be withdrawn on legal grounds. Should you proceed with enforcement without addressing these concerns, I will consider seeking judicial review and lodge formal complaints with the Local Government and Social Care Ombudsman and my local MP.

I would appreciate a response in writing confirming the withdrawal of this notice or the legal justification for its continued enforcement, including a clear explanation of the statutory basis that overrides the protections I have referenced.

Yours faithfully,
[Your Full Name]