School Attendance Penalty Notices & Third-Offence Outcomes
Case reference FOI2026/02587
Received 26 October 2026
Published 4 November 2026
Request
QUESTIONS (Replicated below for internal routing and sign-off)
Please provide the data broken down into three periods:
Period A: The 2024/25 academic year (19 August 2024 to 31 July 2025)
Period B: The 2025/26 academic year (1 August 2025 to 31 July 2026)
Period C: The current 2026/27 academic year up to the October half-term breakpoint (1 August 2026 to 23 October 2026)
1. Notices to Improve
a) How many Notices to Improve were issued (either directly by the Local Authority, or notified to the Local Authority by schools) prior to considering a penalty notice?
Period A (2024/25): This information is not centrally recorded.
Period B (2025/26): This information is not centrally recorded.
Period C (2026/27 up to 23 Oct): This information is not centrally recorded.
2. First and Second Penalty Notices Issued
a) Total FIRST penalty notices (£160, reduced to £80 if paid within 21 days) issued:
Period A (2024/25): 582
Period B (2025/26): 638
Period C (2026/27 up to 23 Oct): 166
b) Of those first penalty notices, how many were for:
i) Unauthorised term-time leave (holidays):
Period A: 580 | Period B: 618 | Period C: 164
ii) Other unauthorised absence (irregular attendance):
Period A: 2 | Period B: 20 | Period C: 2
c) Total SECOND penalty notices (flat rate £160 within a rolling three-year period) issued:
Period A (2024/25): 2
Period B (2025/26): 27
Period C (2026/27 up to 23 Oct): 7
d) Of those second penalty notices, how many were for:
i) Unauthorised term-time leave (holidays):
Period A: 2 | Period B: 25 | Period C: 7
ii) Other unauthorised absence (irregular attendance):
Period A: 0 | Period B: 2 | Period C: 0
3. "Third Offences" (Breaching the Two-Notice Cap)
Where a parent/child reached the national threshold of 10 sessions of unauthorised absence in 10 rolling weeks for a THIRD (or subsequent) time within the rolling three-year period—meaning a further penalty notice could not legally be issued:
a) Total such referrals/cases received or identified by the Local Authority:
Period A (2024/25): 0
Period B (2025/26): 0
* Period C (2026/27 up to 23 Oct): 0
b) Where recorded centrally, how many of these third-offence referrals were primarily for:
i) Unauthorised term-time leave (holidays):
Period A: 0 | Period B: 0 | Period C: 0
ii) Other unauthorised absence (irregular attendance):
Period A: 0 | Period B: 0 | Period C: 0
4. Outcomes of "Third Offence" Cases
Of the third-offence cases identified in Question 3, please state the number of cases that resulted in each of the following outcomes:
a) Prosecution pursued under Section 444(1) of the Education Act 1996:
Period A: 0 | Period B: 0 | Period C: 0
b) Prosecution pursued under Section 444(1A) of the Education Act 1996:
Period A: 0 | Period B: 0 | Period C: 0
c) Application for an Education Supervision Order (ESO) in the Family Court:
Period A: 0 | Period B: 0 | Period C: 0
d) Formal caution / warning issued:
Period A: 0 | Period B: 0 | Period C: 0
e) Case closed / No further legal action taken / Returned to school for support:
Period A: 0 | Period B: 0 | Period C: 0
f) Decision still pending:
Period A: 0 | Period B: 0 | Period C: 0
5. Cross-Border Tracking & Policy
a) Does the Local Authority have a standard process or system check to identify whether a pupil moving into the authority has already been issued one or two penalty notices by a previous Local Authority since 19 August 2024?(Please state Yes or No, and briefly explain how this information is obtained if Yes): .
Answer: Yes, contact other Local Authorities on their cross border penalty notice email.
b) Since 19 August 2024, how many penalty notices (or third-offence escalations) in your authority have incorporated a prior penalty notice issued by a different Local Authority?.
Answer: 0.
c) Please provide a web link to (or copy of) your Local Authority’s current Penalty Notice Code of Conduct:
Answer: This information is publically available on the Herefordshire council website and can be viewed via the following link:
Penalty Notice (Education) Local code of conduct 2024 - Herefordshire Council
As such we consider this information to be exempt under Section 21 of the Freedom of Information Act 2000 because it is reasonably accessible to you via other means. Please take this letter as a refusal notice under S17 of the Act.
Response
QUESTIONS (Replicated below for internal routing and sign-off)
Please provide the data broken down into three periods:
Period A: The 2024/25 academic year (19 August 2024 to 31 July 2025)
Period B: The 2025/26 academic year (1 August 2025 to 31 July 2026)
Period C: The current 2026/27 academic year up to the October half-term breakpoint (1 August 2026 to 23 October 2026)
1. Notices to Improve
a) How many Notices to Improve were issued (either directly by the Local Authority, or notified to the Local Authority by schools) prior to considering a penalty notice?
Period A (2024/25): This information is not centrally recorded.
Period B (2025/26): This information is not centrally recorded.
Period C (2026/27 up to 23 Oct): This information is not centrally recorded.
2. First and Second Penalty Notices Issued
a) Total FIRST penalty notices (£160, reduced to £80 if paid within 21 days) issued:
Period A (2024/25): 582
Period B (2025/26): 638
Period C (2026/27 up to 23 Oct): 166
b) Of those first penalty notices, how many were for:
i) Unauthorised term-time leave (holidays):
Period A: 580 | Period B: 618 | Period C: 164
ii) Other unauthorised absence (irregular attendance):
Period A: 2 | Period B: 20 | Period C: 2
c) Total SECOND penalty notices (flat rate £160 within a rolling three-year period) issued:
Period A (2024/25): 2
Period B (2025/26): 27
Period C (2026/27 up to 23 Oct): 7
d) Of those second penalty notices, how many were for:
i) Unauthorised term-time leave (holidays):
Period A: 2 | Period B: 25 | Period C: 7
ii) Other unauthorised absence (irregular attendance):
Period A: 0 | Period B: 2 | Period C: 0
3. "Third Offences" (Breaching the Two-Notice Cap)
Where a parent/child reached the national threshold of 10 sessions of unauthorised absence in 10 rolling weeks for a THIRD (or subsequent) time within the rolling three-year period—meaning a further penalty notice could not legally be issued:
a) Total such referrals/cases received or identified by the Local Authority:
Period A (2024/25): 0
Period B (2025/26): 0
* Period C (2026/27 up to 23 Oct): 0
b) Where recorded centrally, how many of these third-offence referrals were primarily for:
i) Unauthorised term-time leave (holidays):
Period A: 0 | Period B: 0 | Period C: 0
ii) Other unauthorised absence (irregular attendance):
Period A: 0 | Period B: 0 | Period C: 0
4. Outcomes of "Third Offence" Cases
Of the third-offence cases identified in Question 3, please state the number of cases that resulted in each of the following outcomes:
a) Prosecution pursued under Section 444(1) of the Education Act 1996:
Period A: 0 | Period B: 0 | Period C: 0
b) Prosecution pursued under Section 444(1A) of the Education Act 1996:
Period A: 0 | Period B: 0 | Period C: 0
c) Application for an Education Supervision Order (ESO) in the Family Court:
Period A: 0 | Period B: 0 | Period C: 0
d) Formal caution / warning issued:
Period A: 0 | Period B: 0 | Period C: 0
e) Case closed / No further legal action taken / Returned to school for support:
Period A: 0 | Period B: 0 | Period C: 0
f) Decision still pending:
Period A: 0 | Period B: 0 | Period C: 0
5. Cross-Border Tracking & Policy
a) Does the Local Authority have a standard process or system check to identify whether a pupil moving into the authority has already been issued one or two penalty notices by a previous Local Authority since 19 August 2024?(Please state Yes or No, and briefly explain how this information is obtained if Yes): .
Answer: Yes, contact other Local Authorities on their cross border penalty notice email.
b) Since 19 August 2024, how many penalty notices (or third-offence escalations) in your authority have incorporated a prior penalty notice issued by a different Local Authority?.
Answer: 0.
c) Please provide a web link to (or copy of) your Local Authority’s current Penalty Notice Code of Conduct:
Answer: This information is publically available on the Herefordshire council website and can be viewed via the following link:
Penalty Notice (Education) Local code of conduct 2024 - Herefordshire Council
As such we consider this information to be exempt under Section 21 of the Freedom of Information Act 2000 because it is reasonably accessible to you via other means. Please take this letter as a refusal notice under S17 of the Act.
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