Warning and penalty notices

What does the law say about poor school attendance?

Under Section 444 of the Education Act 1996, parents or carers may be prosecuted if their child does not attend school regularly and their
absences are unauthorised (or in other words, the school cannot or has not given permission for them to be off school).

Bradford Council has the power to issue Penalty Notices as an alternative to taking legal action. Penalty Notices are issued to parents or carers who are considered capable of, but unwilling to work towards improving their child’s attendance.

When will a Penalty Notice be issued?

Bradford Council will always try to work with schools, parents or carers and pupils to improve pupil attendance, but will issue Penalty Notices where a pupil has missed at least 10 sessions (5 school days) due to unauthorised absence in the last 10 weeks.

What is a Warning Notice?

Note: Warning Notices are not issued for absences due to leave taken during term time - parents or carers will receive a Penalty Notice only.

Before a Penalty Notice is issued, you will receive a written warning which will explain the extent of your child’s non-attendance and the possibility of you receiving a Penalty Notice. You may receive more than one Warning Notice and Penalty Notice if you have more than one child with poor attendance.

During this period, your child must not have any further unauthorised absences from school or a Penalty Notice will be issued.

There is no limit to the number of times a Warning Notice can be issued.

What is a Penalty Notice?

A Penalty Notice is a fine issued to parents or carers and can be either £80 per parent or carer (if the payment is made with 21 days of receipt) or £160 per parent or carer (if paid after this, but within 28 days).

For a second penalty notice issued to the same parent of the same child within 3 years, the fine amount will be £160 if paid within 28 days, and there is no opportunity to pay the lower, £80 amount.

Bradford council can no longer issue a penalty notice on the third occasion, the council will usually prosecute the parent.

Penalty Notices are issued by first class post to your home and will explain how and you can pay the fine.

You must pay the whole of the amount owing in one payment – you can’t pay in instalments or just pay part of the fine.

What happens if I don't pay?

If you do not pay the penalty in full within 28 days of issue, Bradford Council is required to start legal proceedings against you for the original offence of failing to ensure your child attends school regularly. This may lead to a fine of up to £1000.

Payment of a Penalty Notice means that you can no longer be prosecuted for the period of time covered by the Penalty Notice. However Bradford Council will consider prosecuting you should further unauthorised absence occur.

I've received a Warning Notice and I want to avoid a Penalty Notice - What do I do?

• Make sure your child goes to school each day and arrives on time;
• If your child is ill contact the school on the first day of absence and explain the circumstances;
• If your child is away for other reasons let the school staff know, especially if you know in advance;
• Do not take holidays or leave in term time;
• Talk to your child’s school about any problems with your child’s attendance.

I’ve received a Penalty Notice, what do I need to know?

If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school, the parent / carer is guilty of a criminal offence under Section 444(1) of the Education Act 1996.

This penalty notice gives you the opportunity to pay a penalty instead of being prosecuted for this offence. If you pay this penalty within the time limits, no further action will be taken. Failure to pay the penalty will result in you being prosecuted for this offence.

Penalty Notices are issued to each parent for each child with irregular attendance.  Every penalty notice has a separate reference number. You must pay every penalty notice you have received.

If you do not pay the penalty notice fine, you will be prosecuted for the criminal offence of having failed to ensure your child attends regularly at school and will be subject to a fine of up to £1,000 if convicted.

A conviction for this offence will be recorded against you on the Police National Computer. This information may be shared as part of any Disclosure and Barring Service (DBS) and Criminal Records Check.

Headteachers may not grant any absence during term time unless there are exceptional circumstances. Only a headteacher can authorise an absence from school.  Irregular attendance and / or an unauthorised leave of absence can result in parents being issued a Penalty Notice. 

Any notices you have received have been issued in accordance with the Local Code of Conduct (PDF).

There is no right to appeal a penalty notice. This notice may only be withdrawn if it is shown that it should not have been issued to you or has not been issued to you in accordance with the Local Code of Conduct.

If you have any queries about this notice or the code of conduct, please contact our team using our online form.

Further information regarding school attendance in Bradford can be found via on our attendance webpage.

How do I pay my penalty notice?

Unfortunately, the law does not allow the council to accept part payments nor accept late payments, your payment must be made by the date stated in your penalty notice.

We are only able to take payments online via the council website - https://www.bradford.gov.uk/pay  (opens in a new tab). There is no ability to pay by cash, in person or over the telephone. If you are having a technical issue, please ensure you follow these steps:

1. Go to https://www.bradford.gov.uk/pay (opens in a new tab).
2. Scroll down the page, find "School non-attendance fine", and click on "Pay your school non-attendance fine by debit or credit card".
3. You'll then be taken to the "Web payments" webpage. Scroll down the page and find "School Absence After Sep 2024". Click on "School Absence After Sep 2024".
4. You are then taken to another webpage, where you can enter your penalty notice reference number and make payment by credit or debit card for the correct amount.

Why is attendance so important?

Missing school has a huge impact on how well a pupil gets on at school. The more school a child misses, the harder it is for them to get into a routine of attending regularly and catch up on the work they have missed. Missing school can also leave a child more open to becoming involved in crime, either as an offender or as a victim.

Research also shows that a year 11 pupil who has missed 17 days during the school year will get one grade less than they would have achieved had they attended regularly. A few days of absence now could have a huge impact on a child’s future opportunities.