3. Circumstances where a penalty notice may be issued
3.1
A Penalty Notice can only be issued in cases of unauthorised absence.
3.2
The national threshold set out in the statutory guidance states that a penalty notice must be considered for 10 sessions (usually equivalent to 5 days) of unauthorised absence within a rolling 10 school week period.
3.3
Penalty notices are intended to prevent the need for court action and should only be used where it is deemed likely to change parental behaviour and secure regular attendance.
3.4
Where support has been provided and has not worked or been engaged with or would not have been appropriate in the circumstances of the offence a penalty notice will be considered. An example of where support would not be appropriate is in cases where the absence is clearly condoned by the parent with no mitigating factors, such as a holiday taken in term time.
3.5
If repeated penalty notices are being issued and they are not working to change behaviour, they are unlikely to be the most appropriate tool. As a result, only 2 penalty notices can be issued to the same parent in respect of the same child within a 3-year rolling period and any second notice within that period will not include the option of paying at a discounted rate.
3.6
The first penalty notice issued to a parent in respect of a particular pupil will be £160 if paid within 28 days; this will be reduced to £80 if paid within 21 days. A second penalty notice issued to the same parent in respect of the same pupil is charged at a flat rate of £160 if paid within 28 days (no opportunity to pay a reduced rate). A third penalty notice cannot be issued to the same parent in respect of the same child within 3 years of the date of issue of the first. In a case where the national threshold is met for a third time (or subsequent times) within those 3 years, alternative action will be considered including other legal interventions.