School attendance
Every child has the right to an education, and the law says children must be educated full-time. This page explains, in plain language: what the law says, what happens if attendance drops, how the ‘T’ code protects your child’s school place when you travel for work, how the current school fines work, and how to challenge a fine you believe is unfair.
Attendance Video
The Law on Attendance
Working together to improve school attendance, which puts support first. Before any legal action, the school should meet you, agree an attendance contract if needed, and help remove the barriers stopping your child attending, including bullying or racism.
How Attendance is Monitored
Most schools aim for attendance of 95% or higher. The Government calls a child “persistently absent” when attendance falls to 90% or below. Missing just one day a week adds up to 80% over a year – the equivalent of losing a whole term – and this will always raise concern.
The 'T-Code' Explained
If your family travels frequently, your child can register at a school near where you are staying while keeping their place at their home school. Acting quickly reduces disruption to your child’s education. Find your local council at www.gov.uk/find-local-council.
Our Advice
Download: Guide to School Attendance (PDF)
esju@travellermovement.org.uk or call 020 7607 2002 for advice and support.
For further free legal information, visit Child Law Advice — school attendance and absence.
Know your rights
Whether it’s a question about attendance, exclusions, admissions, or discrimination, we want every family in our community to feel confident and informed — not intimidated — when dealing with schools and local authorities. If something doesn’t feel right, you don’t have to navigate it alone.
If you believe your rights — or your child’s rights — haven’t been respected, please get in touch with our Community Advocacy Caseworker for advice and support.
School fines for non-attendance
Threshold: a fine must be considered after 10 sessions (usually 5 school days) of unauthorised absence in a rolling 10-school-week period. Sessions don’t have to be consecutive and can span terms or school years.
First fine: £80 per parent, per child if paid within 21 days, rising to £160 if paid between days 22 and 28.
Second fine within 3 years (same parent, same child): a flat £160 — no reduced rate.
Third time within 3 years: no further fine — the case goes straight to court, where fines can reach £2,500 and result in a criminal record that can appear on future DBS checks.
If you do not pay, the local authority must either withdraw the notice or prosecute you for the original absence — and it can prosecute without ever issuing a fine.
What may happen if a case goes to court
Section 444(1), Education Act 1996: if your child is absent without authorisation, you are guilty of an offence and can be fined up to £1,000.
Section 444(1A), Education Act 1996 (aggravated offence): if you knew about the unauthorised absence and failed to act, the penalty rises to £2,500 or up to 3 months in prison.
Section 103, Education and Inspections Act 2006: if your excluded child is found in a public place during school hours, parents can be fined up to £1,000.
Legal defences: the absence was authorised by the head teacher; your child was ill or could not attend for an unavoidable cause; a day of religious observance; the school is beyond walking distance and the council failed to provide transport; your child is receiving suitable alternative education; or the travelling-for-work defence.
FAQ's
Can I be fined for taking my child on holiday in term time?
Yes. Head teachers cannot authorise term-time holidays. An unauthorised holiday of five days meets the national threshold for a penalty notice: £80 per parent, per child (rising to £160).
How many days can my child miss before we are fined?
A fine must be considered after 10 sessions, usually five school days, of unauthorised absence within a rolling 10-school-week period. The days do not need to be consecutive.
What is the T code and who can use it?
The T code records an authorised absence when a child travels with a parent who is travelling for work, agreed with the school in advance. It covers Roma, Gypsies, Irish and Scottish Travellers, Showmen, Circus people, Bargees and New Travellers.
Will a T code absence count against my child’s attendance?
It is recorded as an authorised absence, not an unauthorised one, so you should not be fined but schools can still act if overall attendance falls to an unacceptable level.
Is there a right of appeal against a school fine?
No, however you can ask the school and the local authority to withdraw it (for example if it contains errors, should not have been issued, or breaks the council’s code of conduct), and you can defend the case in court.
Do I have to prove we are travelling for work?
Not routinely. Schools should only ask for proof where there is genuine, reasonable doubt about the reason given.
What happens if I don’t pay a school fine?
The local authority must withdraw the notice or prosecute you in the Magistrates’ Court for the original absence, where fines are much higher and a conviction can appear on DBS checks.
Downloadable Guides
Download our guides for the following: