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School Attendance

New School Attendance Rules Risk Both Separated Parents Facing Fines of £80 Each

As children return to school following the summer holidays, families across England and Wales are preparing for the new term, with separated parents particularly at risk of running into issues related to school attendance rules.

Experts highlight that managing the shift from holiday schedules to school routines demands careful planning and clear communication among parents, whether they live together or apart. According to a recent report from Mediate, 41% of family disputes during the back-to-school period concern arrangements and handovers during term time. Additionally, 25% centre on the logistics of school pick-ups, drop-offs and travel, while 23% involve disagreements over school-related costs such as uniforms and equipment. A further 15% focus on after-school clubs and wraparound care.

Critically, the Department for Education, under the current Labour government, has clarified that attendance penalty notices are issued per parent, per child. This means both parents may face fines for the same unauthorised absence. For example, if one parent takes their children out of school during term time without the headteacher’s permission, local authorities can impose fines on both parents, regardless of whether the other parent agreed to the absence.

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The report explains: “Penalty notices for unauthorised absence in England are issued per parent, per child. If one parent takes the children away in term time without the headteacher’s authorisation, the local authority can fine both parents, whether or not the other one agreed to the trip.”

The cost of a first notice is £80 per parent, per child if paid within 21 days, rising to £160 after that period. Should a second notice be issued for the same child within three years, the fine is £160 with no reduced rate. Following two notices within three years, local authorities may pursue prosecution, with courts able to impose fines of up to £2,500.

Mediate stresses the importance of preparation and communication in navigating these challenges. They advise that “the back-to-school period will always bring challenges. With planning, clear communication and a focus on children’s wellbeing, those challenges become manageable rather than overwhelming. Success comes from building systems and relationships that can adapt as circumstances change, while keeping children’s needs at the centre of decisions.”

Jess Knauf from Mediate adds, “Every family is different, and what works for one might not work for another. The key is finding approaches that work for your particular situation, and being willing to adjust them as circumstances change.”