Fixed penalty notices - code of conduct

The law

School attendance

  • to ensure consistency in approach to the issuing of Penalty Notices throughout Lincolnshire and
  • to provide a clear, consistent and transparent approach to the use of the Penalty system for
    • all school types
    • the police
    • parents in Lincolnshire

Under Section 7 of the Education Act 1996 the parent of every child of compulsory school age has a duty to ensure that the child receives efficient full-time education suitable to the child's age, ability and any special educational needs they may have. This duty can be met by:

  • child regularly attending a school or alternative educational provision made by the LA or the school, or
  • by the parent providing other suitable educational provision

The parent may be guilty of an offence under Section 444 of the Education Act 1996 if they fail to ensure:

  • their child’s regular attendance at a school at which they are a registered pupil, or
  • other educational provision is made for their child

Where a child has not attended regularly at school, the LA have the options of:

  • issuing a Penalty Notice in respect of the parents of the child
  • bringing proceedings before the family courts for an Education Supervision Order or
  • prosecuting the parents under Section 444 before the Magistrates Court

Non-school attendance includes any day when a child should be in attendance at school, and they are absent without the authorisation of the school. This includes:

  • unauthorised holidays during term time 
  • persistent late arrival at school beyond the registration period

 Penalty Notices can be issued for persistent lateness where the child arrives after the closure of registration. This is coded U in the register.