A headteacher, or the local authority, may issue a penalty notice when they are concerned about attendance. They are an alternative to prosecution and aim to improve attendance.
It would usually be issued for unauthorised absence and they must follow the national threshold (10 sessions of unauthorised absence in a rolling period of 10 school weeks). A penalty notice might also be issued if a child is found in a public place (during school hours) in the 5 days following a suspension or permanent exclusion.
The statutory Working together to improve school attendance guidance says that schools must use the absence codes set out in Regulation 10 of The School Attendance (Pupil Registration) (England) Regulations 2024.
These include specific codes for various types of absence, including illness (note this is the same code for both physical and mental health):
Code I: Illness (not medical or dental appointment)
The pupil is unable to attend due to illness (both physical and mental health related). Schools should advise parents to notify them on the first day the child is unable to attend due to illness. (364)
Unauthorised absence codes are for very limited circumstances including holidays taken in term-time, for a short term period to allow time to check the exact reason for absence, or where the school is not satisfied they can classify the absence as authorised (where they doubt the genuineness of the illness).
If you have any questions or concerns about how your child’s absence has been recorded on their attendance record, talk to school as soon as possible.
You can also raise your concerns (or make a complaint) with the Governing Body.
Read more about Suffolk School Attendance Penalty Notices
Can I appeal against a penalty notice?
There is no right of appeal against a penalty notice, however, you can make your representations to the school to request they reconsider. Include relevant background information and reasons which lead to the absence.
Any time you raise concerns, it can help to include information about the impact to your child and what they have expressed (about a decision, or around any delays/barriers to support).
It would also help to reference any relevant duties from statutory guidance that you believe have not been taken into account.
You may also make a complaint to school and Governing Body. We explain the routes of complaint here, including a section around Disability Discrimination (if you believe your disabled child has been discriminated against): Raising concerns