Under the Education Act 1996, parents and carers have a duty to make sure their children regularly attend school. If parents or carers fail to do this, they can be prosecuted.

Working within a Code of Conduct the Local Authority can issue a penalty notice to parents or carers if a child has missed a number of sessions without permission from the school.

The new guidance became law on 19th August 2024 and will affect any unauthorised holiday absence. The changes are as follows:

• There is a new national threshold of 10 unauthorised sessions for any reason (equivalent to 5 school days) within a rolling 10 school week period for when a penalty notice must be considered.

• The new rules mean you will no longer be able to take your child out of school for one week’s holiday without a penalty notice being issued.

• There will be an increase in the penalty fine from £60 to £80 if paid in 21 days. If the fine is not paid by the first 21 days, it will rise to £160 if paid within 28 days of being issued.

• If a second penalty fine is issued to the same parent for the same child within a 3-year rolling period, the fine will automatically rise to £160 with no option to pay the lower rate of £80.

• If a parent then commits a third offence in a 3-year rolling period, the local authority will need to consider other enforcement options available to them.

Further information regarding the impact of poor attendance, along with our attendance policy can be found here.

Wigan LA and the Governors are not supportive of holidays in school time and will not authorise holidays in term time.

Education Penalty Notice.