Parents Face £60 Fine If Children Don’t Attend School

Parents could soon be issued with a fixed penalty notice for their child’s failure to attend school.

In a report due to go before the Council Executive Board on Tuesday, proposals to introduce a ‘Code of Conduct’ could result in a parent being fined £60 if their child fails to attend school.

If a fine is not paid within 28 days it would become £120. The penalty has no statutory right of appeal – however a fine can be withdrawn if issued to the wrong person or if it shouldn’t have been issued / materially wrong.

Section 7 of the Education Act 1996 (“the 1996 Act”) places a legal duty on parents to ensure their child receives appropriate education. The term “parent” includes a person who is not a biological parent of a child but has parental responsibility, or a person who has care of a child.

There are duties on the Council as a local authority to monitor and identify non-attendance at school and to require parents to ensure adequate education of their children.

Within the report is states: “While the investigation of irregular attendance cases will continue to be undertaken, it is anticipated that Fixed Penalty Notices will be used where possible as a means of enforcing attendance where there is a reasonable expectation that this will secure an improvement.”

It is hoped the introduction of a fixed-penalty notice will offer a less time-consuming and less confrontational means of ensuring that parents secure their child’s attendance at school.

Speaking on Tuesday, Lead Member for Education Michael Williams noted that the ‘local code of conduct has to be created to ensure there is a consistently of approach’.

Cllr Williams added that missing 10 sessions is the equivalent of missing half a day at school – these sessions do not have to be consecutive.

Likewise if a child misses five ‘unauthorised’ days of school, the parents will be subject to a fixed penalty notice.

The document states: “The Education Act 1996 provides a power for authorised officers of local authorities to issue Fixed Penalty Notices to a person believed to be guilty of an offence for failing to secure their child’s attendance at school.

“The Council is required by these regulations and by guidance issued by the Welsh Government to prepare and have in place a local code of conduct in respect of the issuing of Fixed Penalty Notices. The purpose of the local code of conduct is to ensure that the powers are applied consistently and fairly across the authority’s area and that suitable arrangements are in place for the administration of the scheme.”

However Council Leader Mark Pritchard says he sympathises with parents as there are financial ‘difficulties’ on families.

Cllr Pritchard said: “All of us should be mindful being parents that families save hard to go on holiday, and the cost to take children out of peak times.

“Some families would not be able to on holiday unless it was during term time. I’m not condoning it as education is the the most important.”

Cllr Williams added: “There are 175 non school days per year. My family never went on holiday during school time.!

The report (which can be viewed in full here) will go before the Executive Board on Tuesday 11th November at 2pm.