Parents in England and Wales could face fines of up to £2,500 if they take their children out of school for term-time holidays, according to legal experts. Data from Lawhive shows a record 487,344 penalty notices were issued in the 2023/24 academic year, a 138% increase from 186,281 in 2021/22. Of these, 443,322 were linked to unauthorised term-time holidays.
Daniel McAfee, head of legal operations at Lawhive, said the Education Act 1996 makes clear that parents are legally responsible for ensuring regular school attendance. He warned that fines start at £60 per child per parent if paid within 21 days but can escalate to £2,500, with parents potentially facing a criminal record.
The figures also represent a 950% increase compared to the pandemic low of 45,809 unauthorised absences in 2020/21. McAfee advised parents to act promptly if fined, noting that local authorities are empowered under the Education (Penalty Notices) (England) Regulations 2007 to issue fixed penalty notices when attendance laws are breached.
Schools are required to maintain attendance records and distinguish between authorised absences—such as illness or religious observance—and unauthorised ones. Term-time holidays without prior authorisation are typically recorded as unauthorised. McAfee stressed that fines are not at the school's discretion and that informal agreements cannot bypass the law.
Local authorities often engage with families first to address attendance issues, but legal enforcement may follow if no improvement occurs. McAfee recommended seeking early legal guidance for parents facing broader challenges affecting their child's education.
