Partner & Head of Family
Winston Solicitors
Every August, the same story runs. The fines have gone up. It’s £80 per parent, per child, doubling to £160 if you don’t pay in time. Take three children to Spain in June, and the cost gets uncomfortable quickly.
However, what the coverage almost never addresses is the household where the decision was never a joint one. Because a notice is issued per parent, a single trip can produce a fine for a parent who did not book it, did not agree to it and did not go. That is not an anomaly or a misapplication of the rules; it is simply how the framework works.
The framework introduced in August 2024 was designed to bring consistency to how absence is treated across England. It is admirably clear about what triggers a notice and what it costs. It is silent on the question separated parents most often ask: my ex booked this, so why am I being fined for it?
What the Rules Say About Fines
The National Framework for Penalty Notices took effect on 19 August 2024. It sets a single national threshold: a notice must be considered where a child has 10 sessions of unauthorised absence, usually five school days, within a rolling 10 school week period. Those absences do not need to be consecutive.
A first notice is £80 per parent, per child, if paid within 21 days, rising to £160 if paid between days 22 and 28. A second notice for the same child within three years is a flat £160. After two notices in three years, the local authority considers prosecution instead, and a conviction means a criminal record. Head teachers can authorise absence only in exceptional circumstances, and cheaper flights are not one of them.
All of that tells you what a fine costs, but none of it tells you what happens when the two people with parental responsibility disagree.
Why the Law Counts You as a Parent Even if You Said No
Here is the point that catches people out, and the reason the framework produces results that feel so unjust to separated families.
For education law purposes, “parent” is defined far more widely than most people expect. It captures every biological or adoptive parent, everyone else holding parental responsibility, and, separately, any person who has care of the child. It says nothing about who booked the holiday, who paid for it, or who travelled. The legislation asks who the child’s parents are, not who made the decision, and that distinction is the whole difficulty for separated families.
The practical effect is that a parent who did not consent, did not book and stayed at home all week still falls within the definition, and can be issued with a notice on that basis. Depending on the circumstances, a new partner with day-to-day care of the child may fall within it too, even without parental responsibility.
To illustrate how quickly that can add up, imagine a separated couple with two children. One parent takes both away for a week in term time without the other’s agreement. In principle, that is four notices, one to each parent for each child. Paid promptly, that would come to £320. Left beyond 21 days, it would be £640.
Can Both Parents be Fined for One Trip?
In principle, yes, but in practice, it depends significantly on where you live. Local authorities decide whether to issue, and approaches vary. Some will consider written representations from a parent who neither knew about nor consented to the absence. Others issue to both as a matter of routine. It is worth contacting the attendance team promptly, and in writing, to find out which applies to you.
Understanding what a penalty notice is helps here. It is an out-of-court settlement offered as an alternative to prosecution, not to a conviction, and there is no formal right of appeal. The realistic choices are to pay, or to decline and put your case forward if prosecution follows. Keep in mind that the second route carries real risk and should not be taken without advice, because the available defences are narrow.
If you are making representations, what is likely to carry weight is evidence that you objected: a dated message to the other parent, an email to the school before the absence asking that your objection be recorded, confirmation of the child arrangements in place.
Object in writing to the other parent and to the school, and do it before the trip rather than after the notice arrives.
How the Court Can Stop a Trip Before it Happens
Taking a child out of school for a holiday is an exercise of parental responsibility. Where parents who share it cannot agree, the family court can decide for them.
A Prohibited Steps Order under section 8 of the Children Act 1989 prevents a particular step being taken without the court’s permission. In this context, that step would be removing the child from school during term time, or taking them out of the country for the trip. In deciding whether to make the order, the court applies the welfare checklist, weighing the disruption to the child’s education against the value of the holiday itself, and considering whether the objection is genuinely child-focused.
Section 8 also helps the parent on the other side of the argument. A Specific Issue Order asks the court to decide a particular question about a child’s upbringing, and the travelling parent can apply for one to seek approval for the trip when the other parent refuses.
Timing matters enormously. These applications can be made urgently, and in a genuine emergency without notice, but the court prefers advance notice and evidence that agreement was attempted first. In most cases you will also be expected to have attended a Mediation Information and Assessment Meeting. A parent who takes advice in April about a June trip has options, but a parent who calls two days before departure has very few.
If the trip involves taking the child overseas, the issue may be far more serious than an unauthorised absence. Taking a child out of the UK without the consent of everyone with parental responsibility, or without the court’s permission, can amount to child abduction.
There is one exception, which is if a child arrangements order names you as the person the child lives with. Then, you can take them abroad for up to a month without the other parent’s consent. However, that exception only covers taking the child out of the country. It says nothing about school. A parent relying on it is still keeping the child out of lessons without authorisation, and can still be fined for it.
If you Already Have a Child Arrangements Order
Most child arrangements orders deal with where a child lives and/or when they spend time with each parent. Few say anything useful about term time travel or who applies to the school for leave of absence.
That gap is worth closing. Provisions that repay the effort include a minimum notice period for proposed holidays, an express agreement that neither parent will book term time travel without the other’s written consent, and agreement on how any penalty will be shared.
What to do Next
If you want to travel in term time, then ask the head teacher in advance and expect refusal. Secure the other parent’s written agreement before you book. Agree in writing who bears any penalty. Remember that going ahead without agreement may fine the other parent too, which rarely improves the co-parenting relationship.
If you object, then say so in writing, immediately, and keep the record. Tell the school before the absence. Take advice early rather than in the final week, when the options have already narrowed. If a notice arrives, do not simply ignore it.
The disagreement addressed in April is usually resolved with a conversation or a letter. The same disagreement left until the week of departure is resolved with an urgent court application, at far greater cost, and with the child considerably more aware of it. That last point is the one worth holding on to.
This article is general information about the law in England as at the date of publication and is not legal advice. Penalty amounts, thresholds and local authority practice are subject to change.
About Teresa Davidson
Teresa Davidson is a Partner and Head of Family at Winston Solicitors, advising on all aspects of private children law, including child arrangements, disputes over parental responsibility and urgent applications to the family court.
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