Attendance - Print version

School attendance

In Coventry it is our belief that good school attendance provides our pupils with the best chance of a bright and successful future. We do however realise that for some pupils there are barriers to attending school.

• DfE Working together to improve school attendance [https://www.gov.uk/government/publications/working-together-to-improve-school-attendance]
• Education Act 1996 [https://www.legislation.gov.uk/ukpga/1996/56/contents]
• The School Attendance (Pupil Registration) (England) Regulations 2024 [https://www.legislation.gov.uk/uksi/2024/208/contents/made]
• Attendance & Children Missing Education Team privacy notice [/attendanceteamprivacynotice]

Attendance legal intervention

The law entitles every child of compulsory school age to an efficient, full-time education suitable to their age, aptitude, and any special educational need they may have. It is the legal responsibility of every parent to make sure their child receives that education either by attendance at a school or by education otherwise than at a school.

Where parents decide to have their child registered at school, they have an additional legal duty to ensure their child attends that school regularly. This means their child must attend every day that the school is open, except in a small number of allowable circumstances such as being too ill to attend or being given permission for an absence in advance from the school.

Absence is so often a symptom of wider issues a family is facing. Parents and pupils will be supported by their school and Coventry City Council, to overcome barriers to regular attendance, through a wide range of assessment and intervention strategies. Where that is not successful, or is not engaged with, the law protects pupils’ right to an education and provides a range of legal interventions to formalise attendance improvement efforts, and where all other avenues have been exhausted, enforce it through prosecuting parents.

National Framework for Penalty Notices

The new National Framework (Introduced 19^th August 2024) introduces consistency in the use of Penalty Notices across England by introducing a new national threshold at which they are considered. The framework increases the amount of the Penalty Notice and introduces a new national limit of 2 Penalty Notices within a 3-year rolling period to break cycles of repeat offending.

In line with the guidance, Coventry City Council will prioritise the ‘support first’ approach expecting that support will have been offered to families in cases where it is appropriate. However, Penalty Notices can be issued without a Notice to Improve in cases where support is not appropriate (such as leave of absence in term time) or when support has not been engaged with.

When parents are separated and do not live at the same address, schools should establish how much involvement each parent has in caring for the child(ren). If one parent has little involvement, consider whether it is in the public of family’s interest to issue a fine to both parents.

National Threshold 

There will be a single consistent national threshold for when a penalty notice must be considered by all schools in England of 10 sessions (usually equivalent to 5 school days) of unauthorised absence within a rolling 10 school week period. For example: a 5 day holiday would meet the national threshold. The 10-school week period can span different terms or school years.

Penalty Notices are requested by schools and issued by the Local Authority to the parents/carers of statutory school age children, per parent, per child. For example: two children in a family absent from school for a leave of absence may result in each parent receiving a Penalty Notice for each child at the below rates.

• First offence - The first time a Penalty Notice is issued the amount will be: £80 per parent, per child paid within 21 days. This increases to £160 per parent, per child if paid after day 21, until day 28. Any non-payment of the Penalty Notice may result in a prosecution.
• Second Offence (within 3 years) - the second time a Penalty Notice is issued the amount will be £160 per parent, per child paid within 28 days. Any non-payment of the Penalty Notice may result in a prosecution.
• Third Offence and Any Further Offences (within 3 years) - the third time an offence is committed a Penalty Notice will not be issued, and the parent(s) may be prosecuted under section 444(1A) of the Act. Fines could be up to £2500 per parent, per child.

Leave of Absence

Penalty Notices can be requested by schools for leave of absence in term time for 10 sessions (5 or more days). This can be consecutive absence, or non-consecutive. In line with the National Framework, the Local Authority retains the discretion to issue a Penalty Notice before the threshold is met. For example, when parents/carers are deliberately avoiding the national threshold by taking multiple term time holidays below threshold, or for repeated absence for birthdays or other family events, or a combination of non-attendance due to leave of absence and unauthorised absence within a 10-week period.

Combined Absences 

A Leave of Absence has been taken which is exempt from a Penalty Notice (i.e. less than 5 consecutive days), but further unauthorised absences have occurred during a ten-week period therefore, the Local Authority will now issue either a 20-school day Notice to Improve letter or a Penalty Notice.

The period of 10 school weeks can also span different terms or school years (e.g. 2 sessions of unauthorised absence in the Summer Term and a further 8 within the Autumn Term).

Unauthorised Absence

Penalty Notices can be requested by schools when there have been 10 sessions (5 or more days) of unauthorised absence in a 10-week period. In these circumstances a Notice to Improve will be sent by the Local Authority on behalf of the school, this will detail the minimum support expected to have been implemented to improve school attendance. The Notice to Improve will also detail the expected improvements that must be made over a 20 day period to prevent the Penalty Notice being issued.

Further information on the National Framework can be found within Working Together to Improve Attendance 2024 [https://assets.publishing.service.gov.uk/media/65f1b048133c22b8eecd38f7/Working_together_to_improve_school_attendance__applies_from_19_August_2024_.pdf].

Can I appeal my penalty notice?

There is no right to appeal. If you believe an absence has been classified incorrectly and wish to challenge the reasons given, you need to take this up with the school in the first instance, as whether or not the council issues a fine depends on how schools classify an absence.

Withdrawal of a penalty notice

A Penalty Notice may be withdrawn by the Local Authority before or after the payment of a penalty in any case in which the Local Authority determines that:

• It ought not to have been issued.
• It ought not to have been issued to the person named as the recipient.
• It contains material errors.

Where a Penalty Notice has been withdrawn in accordance with the above:

• Any financial penalty paid to clear that Penalty Notice shall be repaid to the person who paid it; and
• No prosecution under sections 444(1) or 444(1A) of the Act shall be continued or begun in connection with the same unauthorised absence period.

Payment of a penalty notice

By phone

Please telephone the Attendance team on 024 7697 5434 (opt 1) with your debit/credit card, Monday to Thursday 9am to 4.30pm and Friday 9am to 4pm. Please note we do not accept American Express Cards.

In person or by cash

You can pay by card, cash or cheque at our Customer Service Centre, Broadgate, Coventry, CV1 1FS, Monday to Friday, 9am to 5pm (excluding Bank Holidays). You will need your reference or ID number.

Online

You can pay online at any time at www.coventry.gov.uk/payonline [http://www.coventry.gov.uk/payonline]. You will need your child’s name and school, and your debit or credit card details.

Unpaid penalty notices

• If payment is not received within 28 days the local authority will consider prosecution for the unauthorised absence.
• A letter is sent to the parent informing of the Local Authority’s intention to pursue legal proceedings for the period of absence in question.
• The instigation of legal proceedings for unauthorised absence from school may be taken under S444 (1) or S444 (1A) of the Education Act 1996.
• The prosecution is not for the non-payment of the notice but is for failure to ensure regular attendance at school.

Further information on the issuing of penalty notices for school absence can be found within the Code of Conduct [https://www.coventry.gov.uk/downloads/file/27064/code_of_practice]

Attendance Contracts

An attendance contract is a voluntary formal written agreement between a parent, school and or local authority to address irregular attendance at school. This intervention is intended to provide support and offer an alternative to prosecution.

An attendance contract is not legally binding but allows a more formal route to secure engagement with support where a voluntary early help plan has not worked or is not deemed appropriate.

Where it is agreed that an attendance contract would be the most appropriate support it will be explained to the parent (and pupil if they are old enough to understand) what the purpose of the contract is and why using one would be beneficial in the family’s circumstances.

Parents will be given the opportunity to outline their views on their child’s attendance at school, any underlying issues and how they believe they should be addressed. Parents will also be able to share their views on what type of support they think would be helpful to secure their child’s regular attendance.

An attendance contract will establish the following;

• Everyone with parental responsibility, details of the child the attendance contract involves as well as details of any siblings.
• Background information from the school.
• School attendance data.
• A summary of attendance information from the Local Authority as well as an explanation of the legal situation.
• Details of any other issues identified during the meeting.
• Actions agreed and signed by the parent(s) that they are expected to comply with for the period specified by the contract.
• Actions agreed and signed by the school they are expected to comply with for the period specified by the contract.
• A signature from the Local Authority Attendance Officer confirming the attendance contract has been completed and agreed.

If there is no change to the pattern of attendance, the attendance contract formalises the support that has been offered. This may be used in evidence and presented to the Magistrates Court, should it be deemed than an offence has been committed under Section 444(1A) of the Education Act 1996.

School Attendance Orders (SAO)

The LA has a duty to ensure that every child of compulsory school age receives an efficient, full-time education suitable to their age, aptitude and any special educational need they may have.

Education Act 1996 (legislation.gov.uk) [https://www.legislation.gov.uk/ukpga/1996/56/part/VI/chapter/II/crossheading/school-attendance-orders] states: “If it appears to a local authority that a child of compulsory school age in their area is not receiving suitable education, either by regular attendance at school or otherwise, they shall serve a notice in writing on the parent requiring him to satisfy them within the period specified in the notice that the child is receiving such education.”

Section 437(2) of the Act provides that the period shall not be less than 15 days beginning with the day on which the notice is served. The Local Authority has the power to prosecute parents who fail to comply with a school attendance order under section 443 of the Education Act 1996.

A School Attendance Order will be considered in the following circumstances;

• Parents who have refused all offers of a school place and have not provided evidence indicating a suitable education is being provided may find themselves subject to a School Attendance Order. This applies to all children of compulsory school age.
• Parents who have removed their child from school and it appears are not providing suitable education.
• Parents who have moved into Coventry and have not secured a school place and who have not engaged with the LA in providing information regarding the education of their child.

Before moving to the stage of issuing a notice all efforts will have been made to engage with parents.

Stage 1

• LAAO will arrange a home visit to discuss pupil admission.
• LAAO will liaise with School Admissions regarding applications, appeals, pupil admission and registration.
• If parent continues to refuse to accept allocated school, LAAO will send a letter to the parent making informal enquiries.
• If no response is received within 10 days the LAAO will instruct Legal to serve a Notice to be issued onto stage 2.

Stage 2

• LAAO will instruct Legal to serve notice on the parent requiring him/her to satisfy the LA within the period specified in the Notice that the child is receiving suitable education.
• Legal will prepare and serve the Notice
• If no response within 15 school days LAAO will contact Legal to instruct for Notice to be issued onto stage 3.

Stage 3

• If no evidence is forthcoming and the 15 school days have expired the LAAO will consult with the Governing Body of the School to be named in the Notice and if another local authority are responsible for determining the arrangements for the admission of pupils to the school, that authority.
• LAAO will email consultation letter to Chair of Governing Body giving them 15 school days to raise any objections. The name of the child is not shared with the school at any point in this process.
• When 15 school days have expired the LAAO will contact Legal to instruct for Notice to be issued onto stage 4.

Stage 4

• Following consultation, Legal will draft a Notice on the parent in writing informing them of the intention to serve an SAO and specifying the school which the authority intend to name in the order and, if they think fit, one or more other schools which they regard as suitable alternatives.
• LAAO will serve the Notice on the parent via post along with a covering letter.
• When 15 school days have expired the LAAO will contact Legal to instruct for Notice to be issued onto stage 5.

Stage 5

• When the 15 school days have expired the LAAO will instruct Legal to draft an SAO.
• Legal will draft an SAO for LAAO to serve on parent (by post).

Stage 6

• LAAO will inform the Governing Body and the Head Teacher that their school has been named in the SAO.
• LAAO will check whether the child has registered at the named school (within a 10 day period).
• If the child has not registered at the named school, a prosecution file will be prepared. Before submitting the file, a FINAL CHECK should be undertaken to see whether or not the child has been registered at a school or parent(s) have provided sufficient evidence that a suitable education is being received.

Parents' frequently asked questions

What is an unauthorised absence?

Any absence that is either not explained by parent or is not agreed by the school will be counted as unauthorised. Persistent or severe levels of unauthorised absence will be referred to the Attendance and Children Missing Education Team, who will make contact will the family to find out why absence is high and will offer support to help with any issues that are preventing full attendance.

However, if absence and/ or lateness persists, Attendance and Children Missing Education Team has the responsibility to enforce attendance through legal interventions (Penalty Notices and/or Prosecutions) which may result in a fine, or in extreme cases, imprisonment.

Sometimes my child arrives at school late.

Being on time for school is very important. Many schools concentrate on the key skills such as numeracy and literacy at the being of the day. Children who are late can miss important learning.

Being punctual is a legal requirement for the school pupil and schools will monitor lateness carefully.

If your child arrives late at school, a parental explanation is recorded. Persistent, severe or unexplained lateness can be classed as unauthorised absence and may be referred to the Local Authority.

What if my child is ill?

If your child is too unwell to attend school, you should contact the school office as early as possible on the first day of absence.

The school or school nurse can supply you with a list of the illnesses that require time off from school and the approximate length of time your child is likely to need off. Once your child has recovered, it is important that your child returns to school as soon as possible to ensure that they do not miss too much teaching.

If your child has a chronic, persistent or recurrent health issue, the head teacher can arrange for an interview with the school nurse to discuss the impact of this on his/her education and what additional support can be offered to help keep up. You may be asked to supply medical evidence for any future absences.

What if my child has a medical / dental appointment in school time?

Schools prefer that parents make all but emergency appointments for medical and dental check-ups outside of the school day. If this is not possible, please give the school as much notice as possible. If your child must attend a series of appointments, please ensure, where possible, that school are aware of these appointments and that the appointments vary so that the same lesson is not always missed.

My family religion means my child needs to miss some days at school.

Parents may take leave of absence for days of religious observance related to the family religion. Please notify the school when your child starts at the school and give the school as much notice as possible. School will take advice from local religious leaders as to the appropriate number of days to allow as authorised absence for each festival.

When is a Penalty Notice issued?

A penalty notice can be issued to parents or carers if the children in their care are absent from school for any of the following reasons: 

• when a child has taken a period of leave of absence during term time where the school has not given permission.
• A Leave of Absence has been taken which is exempt from a Penalty Notice (i.e. less than 5 consecutive days) but further unauthorised absences has occurred during a 10 week period, a 20-school day Notice to Improve letter  or a Penalty Notice.

To a parent or carer whose child is of compulsory school age and has been issued with a 20-day Notice to Improve letter and the child has had further unauthorised absences.

Can I take my child out for a family holiday while in term time?

No. Parents and carers have a legal duty to ensure that their children of compulsory school age receive a suitable full-time education. It is also vital that they encourage their child's regular and punctual attendance at school. If a child is registered at a school, then it is vital that they attend on a regular basis.

Headteachers cannot and will not authorise school absences for the reason of a family holiday. If you feel you have an exceptional circumstance for the absence, you must speak to the headteacher prior to making any arrangements. The parent/carer must apply in writing to the headteacher. It must explain the exceptional circumstance surrounding the request for the leave of absence.

You will receive a response from the headteacher letting you know if your application has been approved or declined. If the holiday goes ahead after the application has been declined the absence will be recorded as unauthorised and a penalty notice may be issued.

Who can authorise the absence?

Only headteachers can authorise the absence.

I haven’t had notification from the school to inform me that the leave of absence has not been authorised. What should I do?

You will need to discuss this with the school. Please note that we cannot process Penalty Notices until we receive information from the school to show that parents/carers have been made aware that the leave has not been authorised. (This would be in the form of a letter from the school to the parent).

What is the Penalty Notice charge?

From August 2024, Penalty Notices will be issued by post to your home address. The Penalty Notice is:

• £80 if paid within 21 days (per parent, per child)
• £160 if paid in full after the 21 days but within 28 days. (per parent, per child)

This rate is in line with inflation and is the first increase since 2012.

• In the case of repeated fines, if a parent receives a second fine for the same child within any three-year period, this will be charged at the higher rate
• £160 within 28 days (per parent, per child)

Fines per parent will be capped to two fines within any three-year period. Once this limit has been reached, other action like a Parenting Order or Prosecution will be considered.

When will I receive the penalty notice?

You will receive the penalty notice in a letter format from Coventry City Council once the child has returned to school following the unauthorised leave of absence. School will inform the council of the leave and submit relevant documentation for the penalty notice to be issued. On the penalty notice you will find the date of when the penalty requires to be paid.

How do I make the penalty notice payment?

Details on how to make payment are on the back of the penalty notice.

By Telephone

Please telephone the Attendance and Children Missing Education Team on 024 7697 5434 with your debit or credit card.

Please note, we do not accept American Express Cards.

Payment opening times for the Service:

• Monday to Thursday 9am - 4.30pm
• Friday 9am - 4pm

In person or by cash

You can pay by card, cash or cheque at our Customer Service Centre, Broadgate, Coventry, CV1 1FS.

Monday to Friday 9am ‑ 5pm (excluding Bank Holidays).

You will need your ID (at the top of this letter). There are two payment machines in the shop entrance to our Customer Service Centre and one payment machine on the first floor.

Online

You can pay online at any time [https://www.coventry.gov.uk/payonline]. Select Other payments, then select Schools, libraries and learning. Then select Fines ‑ school fines.

You will need your child’s name, your ID (at the top of the letter) and your debit or credit card. Please note we do not accept American Express Cards.

Is there an appeal process?

There is no statutory right of appeal once a Notice has been issued. The Local Authority is acting on behalf of schools and will not withdraw Penalty Notices, unless there has been a breach of The Code of Practice.

School Attendance Order (SAO)

A Local Authority (LA) must issue a School Attendance Order if it is not satisfied that any parent/carer is providing a suitable education to their child. Many parents are worried when a LA talks about a School Attendance Order as they are not familiar with the facts. Some of the most commonly asked questions are answered below.

Is the School Attendance Order I have received legal?

If the LA is not satisfied that you are providing an efficient, full-time and suitable education to your child, they must give you a reasonable opportunity to produce information which does satisfy them. The nature of this information and how it is presented to the LA is a matter for you to decide however guidance is available should you require it. The information provided must be enough that it would satisfy a 'reasonable person’. You are given 15 school days to provide this information.

If after the 15 school days have passed, you have failed to satisfy the LA that your arrangements for your child’s education are suitable, you must be given a further 15 days’ notice that the LA intends to serve a SAO.

The LA must tell you which school they intend to name in the SAO.

Why have they issued me with a School Attendance Order?

A LA must serve a SAO on the parent of a child of compulsory school age who fails to prove the child is receiving suitable education, and where the authority believes the child should attend school.

Why would they believe I am not providing a suitable education?

This could be because:

• You have not provided any evidence; or
• The evidence you have provided is insufficient to allow the LA to believe you are providing a suitable education.

What happens if I ignore the SAO as I believe that I am providing a suitable education?

You should not ignore it. If you ignore a SAO, this could result in legal proceedings and a magistrate may impose a fine of up to £1,000.

What should I do about the SAO?

It is advisable to contact the named officer on the SAO paperwork without delay for advice on how to prove your child is in receipt of suitable education.

What sort of evidence should I provide?

If your child is on a school roll, then this information needs to be provided in order that it can be verified. The local authority will not necessarily know if your child is attending an independent school or a school in another local authority area.

Can the LA revoke or amend the SAO?

A SAO remains in force as long as the child is of compulsory school age unless:

• It is revoked by the LA (this could be because the LA is satisfied, or it could be at the order of the court); or
• An Education Supervision Order (ESO) is put in place (it is possible that the SAO and the ESO could both exist at the same time); or
• Another school is named and the Order is amended and reissued.

My question has not been answered who can I contact?

You can call the Attendance and Children Missing Education Team on 024 7691 5434 (option 1) or you can email; attendance@coventry.gov.uk [mailto:attendance@coventry.gov.uk]

Template downloads and links

School attendance 

• DfE Working together to improve school attendance [https://www.gov.uk/government/publications/working-together-to-improve-school-attendance]
• Model School Attendance Policy [https://www.coventry.gov.uk/downloads/file/40876/model-school-attendance-policy]
• Fixed Penalty Notice Leaflet (August 2024) [https://www.coventry.gov.uk/downloads/file/33563/fixed-penalty-notice-leaflet-august-2024-]
• School Attendance Matters document [https://www.coventry.gov.uk/downloads/file/43292/school-attendance-matters-document]

National framework for penalty notices

• Code of Conduct [https://www.coventry.gov.uk/downloads/file/27064/code_of_practice] 
• Attendance FAQs [https://www.coventry.gov.uk/downloads/file/27062/attendance-faqs]

1st offence

• L1 Term time leave of absence request authorised 2024 [https://www.coventry.gov.uk/downloads/file/41281/l1-term-time-holiday-request-authorised]
• L2 Term time leave of absence request not authorised 2024 [https://www.coventry.gov.uk/downloads/file/41278/l2-term-time-holiday-request-not-authorised]
• L3 Leave of absence - Exceptional Circumstances 2024 [https://www.coventry.gov.uk/downloads/file/41280/l3-leave-of-absence-exceptional-circumstances]
• L4 Leave of absence not authorised Penalty Notice (after leave taken) 2024 [https://www.coventry.gov.uk/downloads/file/41279/l4-holiday-absence-not-authorised-penalty-notice-after-leave-taken-]

2nd offence

• L1 (2) Term time leave of absence request authorised 2024 [https://www.coventry.gov.uk/downloads/file/43272/l1-2-term-time-leave-of-absence-request-authorised-2024]
• L2 (2) Term time leave of absence request not authorised 2024 [https://www.coventry.gov.uk/downloads/file/43273/l2-2-term-time-leave-of-absence-request-not-authorised-2024]
• L3 (2) Leave of absence - Exceptional Circumstances 2024 [https://www.coventry.gov.uk/downloads/file/43271/l3-2-leave-of-absence-exceptional-circumstances-2024]
• L4 (2) Leave of absence not authorised Penalty Notice (after leave taken) 2024 [https://www.coventry.gov.uk/downloads/file/43270/l4-2-leave-of-absence-not-authorised-penalty-notice-after-leave-taken-2024]
• LOA request form (August 2024) - 2nd Offence [https://www.coventry.gov.uk/downloads/file/43274/loa-request-form-august-2024-2nd-offence]

Combined absences 

• Stage 2 - Combined PN absences [https://www.coventry.gov.uk/downloads/file/43654/stage-2-combined-pn-absences]
• Combined Absence letter [https://www.coventry.gov.uk/downloads/file/43655/combined-absence-letter]

Irregular attendance process and attendance contracts

• Attendance Process Flowchart [https://www.coventry.gov.uk/downloads/file/43269/attendance-process-flowchart]
• Attendance Support - action plan [https://www.coventry.gov.uk/downloads/file/43266/attendance-support-action-plan]
• Informal School Attendance Meeting template [https://www.coventry.gov.uk/downloads/file/43259/informal-school-attendance-meeting-template]
• School Attendance Improvement Plan meeting template [https://www.coventry.gov.uk/downloads/file/43265/school-attendance-improvement-plan-meeting-template]
• Stage 2 PN Attendance Intervention Request Form [https://www.coventry.gov.uk/downloads/file/43267/stage-2-pn-attendance-intervention-request-form]
• Stage 3 prosecution attendance contract referral form [https://www.coventry.gov.uk/downloads/file/43268/stage-3-prosecution-attendance-contract-referral-form]
• Attendance Contract Statutory [https://www.coventry.gov.uk/downloads/file/43261/attendance-contract-statutory]
• Letter A - school attendance concern [https://www.coventry.gov.uk/downloads/file/43260/letter-a-school-attendance-concern]
• Letter B - informal attendance meeting invite [https://www.coventry.gov.uk/downloads/file/43263/letter-b-informal-attendance-meeting-invite]
• Letter C - school attendance improvement plan meeting [https://www.coventry.gov.uk/downloads/file/43264/letter-c-school-attendance-improvement-plan-meeting]
• Letter E - school attendance contract notification [https://www.coventry.gov.uk/downloads/file/43262/letter-e-school-attendance-contract-notification]