Term time absence, is there a time limit for issuing fine?

carrot_cake

Apologies if this is not in the right forum, I couldn't see where else to post?


Does anyone know if there is a time limit in which a Local Authority has to issue a fine for term-time unauthorised absence? I have googled but the only time limits I can see are the ones in which the fine have to be paid by, not how long after the absence the fine can be issued?


Any advice is greatly appreciated. Thanks.

suejb2

Where are you? My L.E.A Bury have stated they won't fine anyone ........as long as they have acceptable attendance.

carrot_cake

It's Essex. I also have exceptional circumstances which I gave a full explanation of when requesting the absence. The Head Teacher agreed our circumstances were exceptional but said the school operates a policy of no unauthorised absence. I have now been contacted by the Ed. Dept of the Council who are looking into whether to issue a fine.


I just wanted to know if there was a cut off limit for the issue of a fine as they have informed me that they want to talk to the school which, at the earliest, will be in September and the absence was the middle of June?

elisamoose

In my LA there is a limit of 28 days from the return date. this is for the paperwork to be sent by the school to the LA.In your case it sounds like the school have already done this and the LA are now deciding if the penalty notice is good to issue . PLeae remember this is not a 'fine' but a penalty notice in lieu of the offence committed ie not ensuring the regular attendance of your child.If the fine is not paid and it goes to magistrates ,in my experience all the magistrates want to know is 'was the child at school' .If not then the parents are guilty and a further fine and costs are awarded.
I know there have been cases when the law seems to have been turned around but my LA have said that until the primary legislation is changed , we will continue issuing as per the regulations.

carrot_cake

Thanks for your reply. Yes, the school have sent the paperwork to the LA as the lady said she had my letter of explanation in front of her. She just wanted some more information from me and said she now has to clarify with the school. What annoys me is that, under current legislation a school can authorise in exceptional circumstances (which I believe ours are). The Headteacher however, whilst agreeing with our circumstances, refused to authorise stating that they don't authorise any requests, even going as far as admitting that they do not even read every request in full! The lady from the LA told me that each case should be considered and judged on its merit.

I suppose I shall have to wait and see if a penalty notice arrives. I just thought I'd ask about a time limit as it will be 3 months from the unauthorised absence by the time I will probably receive anything?