Penalty notices or prosecutions

When a pupil is suspended/excluded from school, either on a fixed term or permanent basis, S.103 Education and Inspections Act 2006 places a duty upon the parent/carer to ensure that the pupil is not present in a public place at any time within school hours during the first five days of their exclusion.

If a parent/carer fails in their duty, a penalty notice may be issued under S.105 Education and Inspections Act, unless the parent/carer can prove there was a reasonable justification.
If the pupil is identified in a public place within the first five days of the exclusion, the school is required to write to the parent/carer within ten school days and allow an opportunity to provide a justifiable reason. The Headteacher must decide whether it is appropriate to apply for a penalty notice, based upon the information the parent/carer provides.

The application for a penalty notice must be made within 21 school days of the sighting of the pupil.

Request Exclusion Penalty Notice

You must be able to share evidence of the communication which makes clear the parental responsibilities relating to suspended/excluded pupils.

By requesting a penalty notice, the school is acknowledging that a prosecution will be sought and school staff may be called to court as witnesses if unpaid.

Please refer to the Essex County Council – Code of Conduct - Penalty notices for school absence/suspended pupils (paragraphs 34-37) for further information.