Lawyer issues alert to parents over school attendance rules from September

Lawyer issues alert to parents over school attendance rules from September A criminal defence lawyer has set the record straight on what changes being made to attendance rules in September 2026 means for both schools and parents and guardians A criminal defence lawyer has issued advice to parents and guardians over new school attendance rules that come into force in September. Strict rules and fixed penalty fines specifically targeting term-time family holidays were first introduced in September 2013, and they've proven a sore subject among many ever since. In doing so, the government removed the old allowance, which gave head teachers the option to grant up to 10 days of term-time leave for holidays in 'special circumstances' - replacing it with a complete ban unless there are 'exceptional circumstances'. With the new term just around the corner, the lawyer explained what the latest changes mean for families. He began a TikTok video by advising that a lot of the talk on social media is related to rule changes made in 2024 - and such content should be viewed with caution. "Firstly, the new attendance rules are mainly aimed at schools," the lawyer pointed out. "There is going to be a look into how schools are recording and dealing with absences - so it's a more personalised plan for schools to deal with children who aren't going to school." The lawyer then shared some good news - the fines aren't increasing for parents or becoming more serious. He elaborated: "It basically means schools are going to be a lot more scrutinised in relation to what records they keep of attendance, and how they keep on top of it and to look at why pupils are missing school." However, the lawyer went on to warn that what parents and guardians may experience is a "bigger crackdown more harshly" as schools try to "keep to their targets". "So yes, more fines might be imposed," he closed. "But you're not going to be getting any more fines or bigger fines - because those changes were implemented back in August 2024 - not in September of this year like many videos I see are claiming." Exceptional circumstances is defined as: "All schools can grant a leave of absence for other exceptional circumstances at their discretion. In the case of schools maintained by local authorities and special schools not maintained by local authorities, it must be requested in advance by a parent who the pupil normally lives with. "Schools are then expected to consider each application individually taking into account the specific facts and circumstances and relevant background context behind the request, and should not apply blanket policies under which leaves of absence are granted automatically in response to particular circumstances or events. If a leave of absence is granted, it is for the school to determine the length of the time the pupil can be away from school." What fines can be made? According to the government, the amount of the fine depends on how quickly it is paid: - Parents have to pay a fine of £80 if paid within 21 days - This rises to £160 if paid within 22 to 28 days of the notice being issued - If the fine is not paid the parent can be prosecuted. Both parents may be fined for the same absence A second penalty notice issued to the same parent in respect of the same pupil is charged at a flat rate of £160 if paid within 28 days. The guidance sets out that a third offence in a three year period would prompt different action: "A third penalty notice cannot be issued to the same parent in respect of the same child within 3 years of the date of issue of the first. In a case where the national threshold is met for a third time (or subsequent times) within those 3 years, alternative action should be taken instead. This will often include considering prosecution, but may include other tools such as one of the other attendance legal interventions." Writing in response to the lawyer's clip, one parent praised: "Absolutely spot on making this video a lot of people on here have been scaring people with untrue facts just to get views, it's great that someone like you clears it up." A second person pondered of the changes: "I hope the recording show the reason why kids aren’t going to school. I’ll bet it’s usually because of bullying, or struggling with following a lesson. And then they should sort that out." While a third fumed: "What I don't get is how the government thinks every parent can get the same 13 weeks of the year off. It is impossible to get holiday allocation always in half term."