Penalty notices can be issued by the local authority’s Education Welfare Service for the following circumstances:

• truancy;
  
• pupil identified during a school attendance and exclusion sweep;
  
• holidays in term time without permission.
  

The penalty for each parent is £50 for each child if paid within 28 days of receipt of the notice, rising to £100 if paid after 28 days. If the penalty is not paid in full within a 42 day period, Essex Education Welfare Service will either prosecute for the offence or withdraw the notice.  This prosecution is not for non-payment of the notice, it is a prosecution for irregular school attendance – Education Act 1996 Section 444 (1) 

Withdrawal of penalty notice

• Where it ought not to have been issued. For example, where it has been issued outside the terms of the local code of conduct or where no offence has been committed;
• Where it has been issued to the wrong person.

For more detailed information on penalty notices, the legislation on which they are based and the circumstances in which they can be issued, please see Penalty Notices: Essex code of conduct.