Penalty Notices

A Head Teacher or the Local Authority may issue a penalty notice for unauthorised absence.

Essex County Council Penalty Notices

If you believe you have been incorrectly issued with a penalty notice you should request a meeting with the Head Teacher or authorised Deputy.  You will need to provide evidence of the reason your child/young person is unable to attend school and ask the penalty notice to be withdrawn. You can also raise your concerns to the Governing Body.

A penalty notice can only be withdrawn if it:

• contains errors
• is shown that it should not have been issued
• did not follow the Essex 'Code of Conduct' for issuing penalty notices 

There is no statutory right of appeal against the issuing of a penalty notice.

If you believe school are recording illness as 'unauthorised absence' it might be helpful to look at the Department for Education Working Together to Improve Attendance - August 2024 for schools around recording attendance.  It states:- 

62. Medical evidence for recording absences should only be needed in a minority of cases (see Code I). Where a pupil’s health need means they need reasonable adjustments or support because it is complex or long term, schools can seek medical evidence to better understand the needs of the pupil and identify the most suitable provision in line with the statutory guidance in supporting pupils at school with medical
conditions or arranging education for children who cannot attend school because of health needs 

 

Code I: Illness (not medical or dental appointment)

 

365. Schools are not expected to routinely request that parents provide medical evidence to support illness absences. Schools should only request reasonable medical evidence in cases where they need clarification to accurately record absence in the attendance register – i.e. making a decision that code I is the absence code that accurately describes the reason the pupil is not in school for the session in question. In the majority of cases a parent’s notification that their child is too ill to attend school will be that evidence and can be accepted without question or concern. Only where the school has genuine and reasonable doubt about the authenticity of the illness should medical
evidence be requested to support the absence.

 

366. Where medical evidence is deemed necessary, schools should not be rigid about the form of evidence requested and should speak to the family about what evidence is available. Schools should be mindful that requesting additional medical evidence unnecessarily places pressure on health professionals, their staff and their appointment system, particularly if the illness is one that does not require treatment by a health professional. Where a parent cannot provide evidence in the form requested but can provide other evidence, schools should take this into account. Where a parent cannot provide any written evidence the school should have a conversation with the parent and pupil, if appropriate, which may in itself serve as the necessary evidence to record the  absence.