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Term-Time Leave and Fixed Penalty Notices (FPNs)

At Denbigh School, we recognise the importance of regular school attendance in supporting every student’s education, wellbeing and future opportunities. 

Parents and carers have a legal responsibility to ensure their child receives a suitable education, and schools must follow national attendance regulations set by the Department for Education (DfE). 

Under these regulations, leave during term time can only be authorised in specific circumstances, and schools are required to monitor and respond to unauthorised absence. 

The Department for Education has introduced a National Framework for Penalty Notices, which sets consistent expectations for schools and local authorities across England when considering further action for unauthorised absence. 

This page explains the rules surrounding term-time leave, what is considered an exceptional circumstance, when unauthorised absence may lead to further action and how Fixed Penalty Notices are applied. 

Our approach at Denbigh is to work with families, identify barriers to attendance and provide support wherever appropriate. However, we also have a responsibility to follow national attendance legislation and take further action where required. 

Further information: Department for Education – Working Together to Improve School Attendance 

Term-Time Leave and the Law

Parents and carers have a legal responsibility to ensure that their child attends school regularly. 

Headteachers cannot grant leave of absence during term time unless there are exceptional circumstances. Where a request is made, the Headteacher must consider the individual circumstances of the application and decide whether the absence can be authorised. 

This means that family holidays during term time will not normally be authorised. The availability or cost of holidays outside of term time would not, on its own, be considered an exceptional circumstance. 

Where exceptional circumstances are identified, it is for the Headteacher to determine whether leave should be granted and, if so, the number of school days that can be authorised. 

Parents and carers should therefore: 

  • Avoid arranging holidays or other leave during term time wherever possible. 
  • Submit a Leave of Absence request with as much notice as possible. 
  • Provide sufficient information and any supporting evidence for the circumstances to be considered. 
  • Wait for the school’s decision rather than assuming that submitting a request means leave has been authorised. 

If leave is not authorised and the student is absent, the absence will be recorded as unauthorised. This may contribute towards the national threshold for considering further action, including a Fixed Penalty Notice. 

For information about submitting a request, please visit our Leave of Absence Requests page. 

What are Exceptional Circumstances

There is no single list of circumstances that will automatically be considered exceptional. Each Leave of Absence request must be considered individually by the Headteacher, taking into account the specific circumstances of the request. 

Exceptional circumstances are generally circumstances that are rare, significant or unavoidable, rather than events that can reasonably be arranged outside of school time. 

When considering a request, the Headteacher may take into account: 

  • The reason for the requested absence. 
  • Whether the circumstances could reasonably take place outside of term time. 
  • The length and timing of the proposed absence. 
  • Any supporting information or evidence provided. 
  • The individual circumstances surrounding the request. 

Examples that may be considered exceptional could include a significant family event, bereavement or other serious and unavoidable family circumstances. However, providing evidence or meeting one of these examples does not automatically mean that leave will be authorised. 

Family holidays, cheaper travel arrangements, availability of accommodation or extending a school holiday would not normally be considered exceptional circumstances. 

The final decision on whether circumstances are exceptional, and how many days may be authorised, rests with the Headteacher. 

How to Request Leave

If you believe there are exceptional circumstances that require your child to be absent during term time, you must submit a Leave of Absence Request to the school. 

Requests should be made with as much notice as possible and before the proposed absence takes place. The Headteacher will then consider the circumstances and decide whether the absence can be authorised. 

Please do not assume that a request has been authorised until you have received confirmation from the school. 

Full information about the application process, supporting evidence and how you will receive the outcome can be found on our Leave of Absence Requests page. 

[Go to Leave of Absence Requests Page]

Unauthorised Absence and DfE Thresholds

The Department for Education (DfE) has introduced a National Framework for Penalty Notices, which sets out when schools must consider further action in response to unauthorised absence. 

Under this framework, the national threshold is: 

10 sessions of unauthorised absence within a rolling period of 10 school weeks. 

As schools have two attendance sessions each day (morning and afternoon), 10 sessions are equivalent to five full school days. 

Importantly, these absences do not need to be consecutive. The threshold can be reached through a combination of different types of unauthorised absence, including: 

  • Holidays taken during term time without authorisation. 
  • Absences where no acceptable reason has been provided. 
  • Absences that the school has not been able to authorise. 
  • Arriving at school after the attendance register has closed. 

For example, a student who has three unauthorised days of absence (six sessions) followed by two further unauthorised days (four sessions) within 10 school weeks will have reached the national threshold. 

The 10-school-week period is rolling, meaning it can include absences across different school terms or academic years. 

What happens when the threshold is reached? 

Reaching the national threshold does not automatically mean that a Fixed Penalty Notice will be issued. 

When the threshold is met, the school must consider the individual circumstances, including whether additional support is appropriate or whether further action should be considered. 

Where absence is linked to difficulties affecting attendance, our priority is to work with families to identify barriers and provide appropriate support. 

However, where absence is unauthorised and support is not appropriate, such as a holiday taken during term time without permission, a Fixed Penalty Notice may be requested.

Notice to Improve

Where a student’s unauthorised absence reaches the national threshold, a Notice to Improve may be issued where it is considered appropriate to give the family a further opportunity to improve attendance before a Fixed Penalty Notice is considered. 

A Notice to Improve is a formal written warning. It will explain the attendance concerns, the improvements that are expected and the period during which attendance will be monitored. 

During this period, we expect families to: 

  • Work with the school to address any barriers affecting attendance. 
  • Ensure their child attends school regularly and avoids further unauthorised absence. 
  • Engage with any support or attendance plan that has been put in place. 

We will continue to monitor attendance and work with the student and family during this period. 

If there is further unauthorised absence and sufficient improvement is not made, the school may request that the Local Authority issues a Fixed Penalty Notice. 

A Notice to Improve will not be appropriate in every case. For example, where an unauthorised term-time holiday results in the national threshold being met, there may be no meaningful support that could prevent the absence because the leave has already been deliberately taken. In these circumstances, the school may proceed to requesting a Fixed Penalty Notice without first issuing a Notice to Improve. 

The decision will be based on the individual circumstances and the Department for Education’s national framework for attendance enforcement. 

Fixed Penalty Notices

Where unauthorised absence reaches the national threshold and a Fixed Penalty Notice is considered appropriate, Denbigh School may make a request to the Local Authority, which is responsible for issuing the notice. 

Under the Department for Education’s National Framework, Fixed Penalty Notices are issued to each parent, for each child. This means that where two parents are responsible for one child, each parent may receive a separate notice. 

For a first Fixed Penalty Notice within a three-year period, the fine is: 

  • £80 per parent, per child if paid within 21 days. 
  • This increases to £160 per parent, per child if paid between 22 and 28 days. 

For example, if two parents receive a Fixed Penalty Notice in relation to one child, the total amount payable at the £80 rate would be £160. 

A Fixed Penalty Notice may be considered for unauthorised term-time leave or other unauthorised absence where the national threshold has been met. 

It is important to remember that a Fixed Penalty Notice is not a school fine. Denbigh School does not receive the money from Fixed Penalty Notices; they form part of the statutory attendance enforcement process administered by the Local Authority.

Repeat Offences and Further Action

The Department for Education’s National Framework limits the number of Fixed Penalty Notices that can be issued to the same parent for the same child within a rolling three-year period. 

Where a second Fixed Penalty Notice is issued within three years, the charge is: 

£160 per parent, per child, payable within 28 days. There is no reduced £80 rate for a second notice. 

If the national threshold is met for a third time within the same three-year period, a further Fixed Penalty Notice cannot be issued to that parent for that child. 

Instead, the circumstances must be considered for alternative action. This may include the Local Authority considering other attendance enforcement or legal action, which can include prosecution where appropriate. 

The three-year period begins from the date the first Fixed Penalty Notice is issued, rather than restarting each academic year. 

This means that repeated unauthorised absence can lead to progressively more serious action. We therefore strongly encourage parents and carers to work with the school at the earliest opportunity where there are difficulties affecting their child’s attendance. 

Our aim is always to address attendance concerns before they reach the point where formal action is necessary, wherever support and engagement can reasonably achieve this. 

Supporting Families

We recognise that poor attendance is not always straightforward. A student’s attendance may be affected by anxiety or emotional wellbeing, medical needs, additional needs, difficulties at home or other circumstances that make attending school more challenging. 

Where there are barriers affecting attendance, our priority is to understand what is happening and work with the student and their family to improve attendance. 

Depending on the circumstances, support may include: 

  • Working with the Attendance, Pastoral or SEN teams. 
  • Agreeing an attendance support plan with clear and achievable steps. 
  • Regular meetings or check-ins with the student and family. 
  • Support from our Family Liaison Officer where wider family support may be beneficial. 
  • Considering whether additional or external services could provide further support. 
  • Regularly reviewing attendance and recognising improvements. 

We encourage parents and carers to contact us as early as possible if their child is experiencing difficulties attending school. You do not need to wait until attendance has reached the national threshold or formal action is being considered before asking for help. 

Where families engage with the school and there are genuine barriers to attendance, we will work together to identify appropriate support. However, where unauthorised absence continues, or where support is not appropriate, the school must also follow the Department for Education’s national attendance framework and consider further action where required. 

For additional guidance where your child is experiencing anxiety or finding it difficult to attend school, please visit our Supporting Your Child When School Feels Difficult page [Link to page]