24/08/2026
With a new school term looming here are 11 legal points concerning S444 fines / penalty notices:
1. A school-attendance penalty notice is not a criminal conviction and does not create a criminal record if paid in full and on time. (BUT PLEASE SEE POINT 7 )
2. First penalty notice: £80 if paid within 21 days; otherwise £160 if paid within 28 days.
3. Second penalty notice for the same child within three years: £160, with no early-payment reduction.
4. A third penalty notice should not normally be issued within that three-year period; the local authority may instead consider prosecution.
5. Receiving an SJPN, summons, charge, or Magistrates’ Court hearing date means that a prosecution has begun, but it is not itself a conviction.
6. Pleading not guilty and going to trial does not create a criminal record. There is no criminal record if the parent is acquitted.
7. A parent receives a criminal conviction only if they plead guilty or the Magistrates’ Court finds them guilty after trial.
8. A fine-only conviction normally becomes spent after 12 months from conviction for an adult, although the conviction is not erased and may still be relevant for certain exempt roles or enhanced DBS checks.
9. For the usual s.444(1) offence, the maximum court fine is £1,000, plus potential victim surcharge and prosecution costs.
10. For the more serious s.444(1A) offence, the maximum fine is £2,500; the court can also impose up to three months’ imprisonment.
11. The actual court fine depends on income, the length and circumstances of the alleged non-attendance, mitigation, and whether the parent receives credit for an early guilty plea.
If you are worried or have received a penalty notice due to your child mental health / SENDs please get in touch we are here to help and we get it ( all staff are SEN parents ) just email [email protected]
