By David Bentley
Parents are being warned they face fines of up to £2,500 for taking children out of school during term to go on holiday. There are only two weeks to go before schools break up for summer and families can go away without worrying about being fined. But figures show a sharp rise in unapproved absences during term-time. The latest government figures show that during the 2023/2024 academic year, penalty notices reached a record high of 487,344, with 443,322 of these linked to unauthorised term-time holidays. That’s a 138 per cent increase compared to 186,281 in 2021/2022. READ MORE: The standard fine is £60 per parent, per child, if paid within 21 days. If payment is delayed and made between day 22 and day 28, the fine rises to £120. After 28 days, non-payment may result in prosecution. This can then lead to a criminal record, a court fine of up to £2,500, a parenting order or community sentence and, in exceptional cases, a custodial sentence of up to three months. So, for a family with two children and two parents, the initial fine can already total a substantial sum of £480, but this can quickly escalate if deadlines are missed. The key legislation is the Education Act 1996, which places a legal duty on parents or guardians to ensure children aged between five and 16 receive a suitable full-time education. This may be achieved either through regular school attendance or, where appropriate, via alternative arrangements such as home education. Authorised absences usually include reasons such as illness, medical appointments, or religious observance, provided the school is notified and grants permission. However, taking a child out of school during term time for a holiday without prior approval is typically recorded as unauthorised. Legal expert Daniel McAfee explained: “There is often a misconception that these fines are issued at the school’s discretion or can simply be avoided through informal agreements. That is not the case. “Local authorities are empowered under the Education (Penalty Notices) (England) Regulations 2007 to issue FPNs when attendance laws are breached, and schools are legally obliged to report unauthorised absences.” He says the use of penalties is intended not as a punishment but as a compliance tool to support consistent school attendance. Despite this, many families are unaware of how quickly an unauthorised absence can lead to legal consequences. Mr McAfee, who is Head of Legal Operations at Lawhive , said: “There is often a misconception that these fines are issued at the school’s discretion or can simply be avoided through informal agreements. That is not the case. “Local authorities are empowered under the Education (Penalty Notices) (England) Regulations 2007 to issue fixed penalty notices when attendance laws are breached, and schools are legally obliged to report unauthorised absences.” He added: “Typically, local authorities and schools will engage with families first and attempt to understand the reasons behind poor attendance. “However, if those conversations do not result in improvement, legal enforcement may follow. The aim is to ensure children do not miss out on their education unnecessarily. “While prosecution is considered a last resort, it must be said that the courts will treat non-compliance seriously where previous interventions have failed. “My advice to any parent in this position is to act promptly — whether that means paying the fine, requesting a review, or providing evidence of mitigating circumstances.” He says parents facing broader challenges, such as absences linked to a child’s health and well-being, should engage with school bosses to reach an agreement on the next steps. He explained: “If a parent is facing difficulties meeting their child’s educational obligations, legal guidance can help clarify their rights and responsibilities, support dialogue with the school, or even contest an FPN where appropriate. In most circumstances, proactive engagement makes a tangible difference.” Get breaking news on BirminghamLive WhatsApp . Join our dedicated community for the latest updates sent straight to your phone as they happen. You can find out more in our Money Saving Newsletter, which is sent out daily via email with all the updates you need to know on pensions , PIP , Universal Credit , benefits, finances, bills, and shopping discounts. Get the top stories in your inbox to browse through at a time that suits you.