Every year, thousands of parents across England receive penalty notices for taking their child out of school — even when the absence was for reasons that genuinely support their child’s wellbeing.
But here’s what most people don’t realise: a school fine isn’t a criminal offence by itself.
It’s a civil penalty, and you have the right to challenge or defend it if it was issued unfairly, incorrectly, or without proper consideration of your child’s needs.
This guide explains how to defend a term-time fine calmly, factually, and lawfully — so your case is taken seriously.
⚖️ 1. Understand What the Fine Actually Means
A term-time penalty notice (usually £60 per parent, per child) is issued by your Local Authority (LA) under the Education (Penalty Notices) (England) Regulations 2007.
You have 21 days to pay £60, or 28 days before it doubles to £120.
After that, if it’s still unpaid, the LA can decide to prosecute under Section 444 of the Education Act 1996.
However — and this is crucial — not all fines are lawful. If the school or LA failed to follow correct procedure, the fine can be challenged and even withdrawn.
🧾 2. Check if the Fine Was Issued Correctly
Before you pay or appeal, make sure the LA actually followed the rules.
A penalty notice can be invalid if:
- The school didn’t apply discretion or consider your individual circumstances.
- The letter was sent after the legal timeframe (more than 28 days after the offence).
- The fine was issued to both parents for the same child without proper notice.
- You were not informed in writing that the absence was unauthorised before the fine was issued.
If any of these apply, write to the LA’s Attendance or Education Welfare Team stating that the notice appears to have been issued contrary to Regulation 7 of the Pupil Registration Regulations 2006 and request a review.
💬 3. Use Clear, Factual Wording in Your Response
Your goal is to sound informed, not confrontational.
Avoid emotional or defensive language. Instead, focus on facts, law, and procedure.
Example wording:
“I believe this penalty notice has been issued without individual consideration of circumstances, contrary to Regulation 7 of the Pupil Registration Regulations 2006.
The absence related to exceptional wellbeing and family needs, which were communicated in advance. I request that this notice be reviewed and withdrawn on that basis.”
If the fine relates to a SEND child or anxiety-based absence, add:
“My child has an EHCP (or SEND diagnosis), and this absence was directly linked to unmet needs and wellbeing. Under Section 19 of the Education Act 1996, the LA retains a duty to provide suitable education and should not penalise parents where provision is failing.”
📚 4. Gather and Submit Supporting Evidence
Attach anything that shows you acted responsibly:
- Your written holiday request (especially if worded around wellbeing or educational value)
- Any emails showing communication with the school
- Medical, therapist, or EHCP extracts showing how the break supports emotional regulation
- Evidence of financial hardship or unavoidable work commitments if relevant
The DfE guidance states fines should only be issued when “there is sufficient evidence and it is in the public interest to do so.”
If your situation doesn’t meet that threshold — make that clear.
🧩 5. What to Do If the LA Refuses Your Challenge
If your appeal is rejected, you have two options:
- Pay the fine — this ends the matter but counts as acceptance of guilt.
- Refuse to pay — which may lead to court, where you can present your evidence.
In court, the LA must prove that:
- Your child failed to attend regularly, and
- You had no reasonable justification for the absence.
If your child’s absence was linked to wellbeing, SEND, mental health, or family circumstances, you can argue it was reasonable and justified.
Many parents have successfully defended fines this way when they had written evidence to back it up.
🛡 6. How to Build a Strong Defence
A successful defence often includes:
- Evidence of open communication with the school.
- Proof of exceptional or unavoidable circumstances.
- References to your child’s additional needs or EHCP.
- Calm, factual presentation of your reasoning — not anger or emotion.
If your child has SEND or anxiety, reference the Equality Act 2010, which protects against discrimination in education and attendance enforcement.
📄 7. Free Template to Defend a School Fine
We’ve created a free downloadable template you can use to challenge or defend a term-time fine — whether it’s at the appeal stage or in writing to the LA.
It includes model wording for:
- Procedural errors
- Exceptional circumstances
- SEND or wellbeing-based absences
- Requests for review under Regulation 7
Download it free at:
👉 AskEllie.co.uk/resources/defend-school-fine
💡 Final Thought
Defending a fine isn’t about avoiding responsibility — it’s about demanding fairness.
Schools and councils have a duty to treat each family individually, especially where SEND or wellbeing are involved.
If you’ve acted responsibly, communicated openly, and can evidence your reasons, you have every right to challenge a fine that doesn’t reflect the law — and win.
Education should be about partnership, not punishment.
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