Legal Interventions

Below you will find guidance and all the documents you will need for the fixed penalty notice (FPN) process. If you require any guidance, call the fixed penalty notice advice line on 01603 222499.

Guidance for parents is available on the Norfolk County Council website.

Introduction

If a child of compulsory school age who is registered at a school fails to attend regularly at that school, then the parent is guilty of an offence contrary to Section 444(1) of the Education Act 1996. Section 23 of the Anti-Social Behaviour Act 2003 and section 103 of the Education and Inspections Act 2006 enable Local Authorities to issue penalty notices for certain offences. These notices can be used as an alternative to prosecution under section 444 of the Education Act 1996 and enable parents to discharge potential liability for conviction for that offence by paying a penalty. 

A penalty notice is a suitable intervention in circumstances where the parent is judged capable of securing their child's regular attendance at school or whereabouts during school hours but is not willing to take responsibility for doing so. However, the Local Authority does not advocate their use for entrenched patterns of poor attendance and will consult with a school when it's suitability as a legal intervention is uncertain.

Parents have a responsibility in law to ensure the regular school attendance of their child. The supreme court concluded that the term 'regular' means in accordance with the school's rules. Therefore, schools' expectations regarding attendance must be clear and unambiguous and your policy and procedure must be fair and consistent.

Local Authorities and schools are required to adhere to legislation and a Local Code of Conduct when carrying out their duties surrounding penalty notices and making decisions to issue penalty notices under section 444 of the education Act 1996. Details of how the penalty notice scheme must operate is set out in The Education (Penalty Notices) Regulations 2007.

The Attendance Team are responsible for Norfolk's Local Authority Code of Conduct and are responsible for the arrangements in place for administering penalty notices. We continually strive to ensure a consistent, fair, and transparent application of the policy regarding penalty notices throughout the County.