Truancy: a parents guide

A Penalty Notice is used as an early intervention and is an alternative to prosecution under Section 444 in order to send a clear message to parents regarding their responsibility to ensure regular and punctual attendance of their child. Penalty Notices are governed by Sections 444A and 444B of the Education Act 1996 and were introduced by Section 23 of the Anti-social Behaviour Act 2003. A 'Code of Conduct' governs the use of Penalty Notices.

Schools or police officers may request a Penalty Notice and one will be issued if the request meets the criteria in the Code of Conduct. There is no right of appeal against the issuing of a Penalty Notice.

Parents may discharge their potential liability for conviction for an offence under Section 444 by paying the penalty. There is no legal requirement for a Penalty Notice to be issued before proceeding to prosecution.

If the Penalty Notice remains unpaid after 42 days, consideration has to be given to furthering the matter in the Magistrates' Court under Section 444 of the Education Act 1996. While each case will be dealt with on its own merits, it is only in exceptional circumstances that a decision not to prosecute will be made.