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Attendance and enforcement in England

EBSA and school fines: what parents need to know

Many families living with EBSA are frightened of being fined. It is worth being clear about two things at once. EBSA does not automatically prevent attendance action, and it is not an automatic exemption. At the same time, attendance concerns should not be treated only as deliberate non-attendance, and schools and local authorities are expected to look at a child's individual circumstances.

This page describes the position in England and is general information, not legal advice. Rules differ in Scotland, Wales and Northern Ireland, and local authorities apply their own local codes of conduct. Official sources last checked 22 September 2026.

What the official position says

Local councils and schools in England have legal powers where a child is missing school without a good reason. These include a penalty notice, an education supervision order, a school attendance order, a parenting order and prosecution (GOV.UK).

GOV.UK sets out the penalty notice amounts for each parent, and states that each parent can only receive up to two fines for the same child within a three year period, after which other action may be considered instead (GOV.UK). Your council's own rules say when it will consider a fine.

The Department for Education's statutory guidance, Working together to improve school attendance, expects schools to build relationships with families, understand the barriers to attendance and work in partnership to remove them, and to be particularly mindful of pupils absent because of mental or physical ill health or their special educational needs and disabilities (Department for Education).

Penalty notices for absence are issued under section 444A of the Education Act 1996, and regulations require the decision to be considered case by case rather than applied automatically (legislation.gov.uk).

Amounts, thresholds and local codes of conduct change. Always check the GOV.UK page and your own local authority's published policy for the current position, and read any notice you receive carefully.

Why a record matters so much here

Where a decision has to take account of individual circumstances, someone has to be able to describe those circumstances. If the only document in the room is an attendance percentage, that is the only thing that gets discussed. Keep evidence of distress, symptoms, attendance attempts and professional involvement.

  • Every attempt to attend, including days that ended at the gate or in the car park.
  • Late arrivals, part days, early collection and full days completed.
  • Physical symptoms before, during and after the school day.
  • Emotional distress, how long it lasted and how long recovery took.
  • Your child's own words about school.
  • What you tried each morning, and what helped even briefly.
  • Every contact with school, and what was agreed.
  • Any professional involvement: GP, paediatrician, CAMHS, educational psychology, SENCO or other services.

What to ask school and the local authority

  • Ask for the reason an absence has been recorded as unauthorised, and ask for it in writing.
  • Ask what the school's attendance policy says, and how it applies to a child with emotional or health-related barriers.
  • Ask for a meeting focused on the barriers to attendance, not only on the percentage.
  • Ask what support and reasonable adjustments will be put in place, who is responsible and when it will be reviewed.
  • Ask that the information you have recorded is considered as part of any decision.
  • Keep copies of everything, with dates.

If you are worried about a penalty notice or attendance escalation

  • Put your concerns in writing to the school, and ask for a written reply.
  • Share your record of distress, symptoms, attendance attempts and professional involvement.
  • Ask the school and local authority to consider your child's individual circumstances before taking enforcement action.
  • Contact your local authority attendance team if a penalty notice is being discussed, and ask what their local code of conduct on penalty notices says.
  • Get independent advice: your local SENDIASS service, or a SEND advice charity, can talk you through your options.
  • Consider legal advice if enforcement escalates, particularly where disability or unmet special educational needs are involved.
  • Any penalty notice you receive should explain how to pay and what happens next; read it carefully and act within the dates given.

Start building the record today

EBSA Simplified Support records attendance, emotional impact, symptoms, what you tried and what helped, and organises it into a clear written picture you can share with school. It does not diagnose EBSA, is not a clinical assessment and cannot guarantee any particular educational or enforcement outcome.

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Also useful: my child cannot attend school, EBSA support for parents and EBSA evidence for school meetings.