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Are you a separated parent wondering if you’re still liable for school fines in the UK when your child misses school? You’re not alone. Many co-parents find themselves confused, or caught off guard, when a penalty notice arrives in the post, even if the absence occurred during their ex-partner’s parenting time.
With increasing fines and stricter attendance laws in England, understanding your legal responsibilities as a parent is more important than ever. Whether you’re divorced, co-parenting, or simply navigating custody arrangements, the question remains do both parents pay school fines if separated?
This blog will guide you through everything you need to know about parental responsibility, legal definitions, penalty notice rules, and how UK law treats separated families in school attendance matters. If you’re facing a fine or want to prevent future penalties, read on to find clarity and practical advice.
What Is the Law on School Attendance in the UK?
In the UK, parents are legally responsible for ensuring their children receive a full-time education. This can be through regular school attendance or elective home education. Children must be educated from the school term after their fifth birthday until the last Friday in June of the academic year in which they turn 16.
If your child is registered at a school and fails to attend without an acceptable reason (such as illness or authorised absence), you could face legal action. In most cases, the local authority will intervene first, often issuing warnings or offering support. However, if attendance does not improve, they can issue a fixed penalty notice (FPN) or initiate court proceedings.
When Can Your Child Miss School?
- If they are too unwell to attend.
- If the school has granted permission in advance (e.g., for religious observance or exceptional circumstances).
Term-time holidays are rarely approved. Parents taking children out of school without permission for a holiday may face a fine or prosecution.
Who Gets Fined for Unauthorised School Absence?
If a child has unauthorised absences from school, local councils can fine parents under UK education law. These fines are called Penalty Notices and are issued per parent, per child.
Fines (as of the 2024–2025 academic year):
| Fine Type | Amount if Paid Within 21 Days | Amount if Paid Within 28 Days |
| First Offence (Per Parent/Child) | £80 | £160 |
| Second Fine Within 3 Years | £160 | £160 |
Once two fines are issued for the same child in a three-year period, no further fines are issued. Instead, the matter can be escalated to the courts.
Do Both Separated Parents Have to Pay the School Fine?
Yes, both parents can be fined individually, even if only one was responsible for the absence. UK law considers both parents with parental responsibility liable, regardless of custody arrangements or living situations.
Common Scenarios:
- If your ex-partner takes the child on holiday during term time without your consent, you could still receive a fine.
- If you share custody and the child is absent on your co-parent’s time, both parties may still be fined.
This approach is rooted in the legal definition of “parent” under the Education Act 1996, which includes all those with parental responsibility, not just the parent who lives with the child or makes the day-to-day decisions.
How Does Parental Responsibility Affect Fines?
Under UK law, any adult with parental responsibility may be subject to legal action regarding school attendance.
This includes:
- Biological parents
- Adoptive parents
- Guardians
- Step-parents (if parental responsibility is legally granted)
It’s crucial to understand that having limited contact or shared custody doesn’t automatically exclude you from liability. If you have parental responsibility and the child is persistently absent without an authorised reason, you are considered accountable.
Can You Challenge or Appeal a School Fine?
While the penalty notice system doesn’t offer a formal appeal process, you can write to the local authority explaining your circumstances. Some councils allow representations under exceptional conditions.
You may have grounds to challenge if:
- You did not have custody at the time of absence.
- You were unaware of the absence (e.g., your ex took the child without telling you).
- You can prove you objected to the absence or made efforts to prevent it.
Still, many parents report that appeals are rarely successful, and fines are often upheld unless clear evidence is provided.
What Happens If You Don’t Pay the School Fine?
If the penalty is not paid within 28 days, the local authority can pursue court prosecution under Section 444 of the Education Act 1996.
What Are the Possible Outcomes if Someone is Convicted in Court?
- A fine of up to £2,500
- A Parenting Order (requiring attendance at parenting classes)
- A Community Order
- A jail sentence of up to 3 months (in extreme cases)
In court, both parents can be prosecuted, and the court will assess who had control or influence over the child’s attendance.
How Can Separated Parents Avoid School Fines?
Effective communication between co-parents is crucial to avoid fines related to unauthorised absences.
Tips for Prevention:
- Agree on holidays in advance and seek written approval from the school.
- Record communication with the other parent regarding school schedules.
- Use parenting plans or mediation services to establish agreements on term-time care.
- Be proactive in discussing school matters and potential absence requests.
A court application for a Prohibited Steps Order can be used to prevent the other parent from taking the child out of school. However, this involves legal costs and time, and often doesn’t justify the fine amount unless more significant concerns are at play.
Can Only One Parent Be Held Liable in Court?
While both parents with legal responsibility can be fined or prosecuted, the court has discretion to determine if one parent should bear more or all of the blame.
In deciding liability, the court may consider:
- Which parent had custody during the absence.
- Whether one parent objected to the absence.
- Whether the non-offending parent attempted to prevent the absence.
- If there was a history of communication or lack thereof between parents.
Still, unless there’s strong evidence showing sole responsibility, fines are typically issued to both parents.
School Fines and Separated Parents
| Factor | Details |
| Fine per parent (2024–2025) | £80 if paid in 21 days; £160 if within 28 days |
| Second fine (same child) | £160 (max two fines in 3 years) |
| Can both parents be fined? | Yes, if both have parental responsibility |
| Can one parent be excused? | Possible but requires strong evidence or legal action |
| Court consequences | Up to £2,500 fine, community order, or jail (up to 3 months) |
| Appeal process | Limited; handled case-by-case by local council |
Conclusion
When it comes to school attendance fines, UK law takes a firm stance, both parents with legal parental responsibility can be held accountable, even if one parent wasn’t directly involved in the absence. This means that being separated doesn’t necessarily protect you from receiving a fine, especially if your child was taken out of school during term time without authorisation.
That’s why communication and co-parenting cooperation are essential. Clear agreements, shared planning, and early discussions with schools can prevent future misunderstandings and unwanted penalties. If you do receive a fine and feel it’s unjust, take immediate steps, contact your local council, gather supporting evidence, and consider seeking legal advice.
Above all, remember that the law prioritises the child’s right to a full education. Staying informed and proactive will help you protect both your parental rights and your child’s academic future.
FAQs
Can I be fined if my ex took our child on holiday without telling me?
Yes. If you share parental responsibility, you can still be fined, even if you didn’t authorise the absence. However, you may be able to dispute it with your local council if you provide proof.
What if I don’t live with my child am I still responsible?
Yes. Living arrangements don’t affect liability if you have parental responsibility. Even a non-residential parent can be fined.
Are school attendance fines different in Scotland, Wales, or Northern Ireland?
Yes. Education laws and enforcement procedures differ in devolved nations. Always check with the local education authority in your area.
What is a Parenting Order?
It’s a court-issued mandate requiring you to attend parenting classes and comply with measures to improve your child’s school attendance. Ignoring this order can lead to further legal penalties.
Can I be jailed for school absences?
Yes, though rare, the law allows for jail sentences of up to 3 months for severe or repeated non-compliance with school attendance laws.
Does shared custody mean shared responsibility for school absences?
Yes. Courts and councils expect both parents to ensure the child’s education, regardless of where the child resides most of the time.
How do councils decide who to fine?
Councils usually issue fines to all parents with parental responsibility, unless there is clear evidence that only one parent caused or was aware of the unauthorised absence.
