Do Both Parents Get Fined for School Holidays? Section 576 Definition, Separated Families & Total Costs
Under Section 576 of the Education Act 1996 and the 2024 National Penalty Notice Framework, school attendance penalty notices are issued individually per parent, per child. This guide explains why both married and separated parents receive separate £80/£160 fines, how "parent" is legally defined to include step-parents and partners with day-to-day care, and how liability works if one parent took the holiday without the other’s knowledge.
Key Takeaways for UK Families
- Penalty notices are issued individually to EACH parent: if two parents take one child on an unauthorized holiday, the total penalty is £160 (£80 × 2) if paid within 21 days, rising to £320 (£160 × 2) between 22 and 28 days.
- For families with two children, costs double to £320 early (£80 × 2 parents × 2 children) or £640 late.
- Section 576 of the Education Act defines "parent" broadly to include biological parents (whether married, separated, or absent) and any adult living with the child who has parental responsibility or day-to-day care.
- Separated parents: Councils routinely issue fines to both parents unless the non-accompanying parent can prove they had no prior knowledge and took no part in facilitating the trip.
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1. Why Does the UK Fine Each Parent Individually?
Under the Education (Penalty Notices) (England) Regulations, parental responsibility is joint and several. The law treats each parent as an independent legal actor responsible for ensuring regular school attendance. Consequently, local authority education welfare officers issue two distinct penalty notices—one addressed to each parent—for the exact same period of unauthorized absence.
2. Fine Matrix: What Is the Actual Total Cost per Family?
Because fines multiply across both parents and children, unauthorized term-time trips often cost substantially more than parents anticipate: 1 Child + 2 Parents = £160 (rising to £320). 2 Children + 2 Parents = £320 (rising to £640). 3 Children + 2 Parents = £480 (rising to £960). Paying one parent’s fine does not discharge the liability of the other.
Under the 2024 DfE National Framework, a second unauthorized holiday for the same child within a rolling 3-year period incurs an automatic non-discountable fine of £160 per parent (£320 total for two parents).
3. Who Legally Qualifies as a "Parent" Under Section 576?
English education law applies an expansive definition of parenthood that extends far beyond biological mothers and fathers. Under Section 576 of the Education Act 1996, a parent includes: a) All natural parents, whether married or not. b) Any person who has parental responsibility for the child under the Children Act 1989. c) Any person who has day-to-day care of the child (such as a cohabiting partner or step-parent who lives in the family home).
4. What Happens When Parents Are Separated or Divorced?
If one parent takes a child on holiday during term time without the other parent’s knowledge, the non-travelling parent often still receives an £80 penalty notice in the post. However, non-resident parents can contest the fine by providing documentary evidence (such as custody court orders, email communications, or proof of residence) proving they did not consent to the absence, were not informed of the travel dates, and played no role in organizing the trip.
Frequently Asked Questions
Do both parents get fined if they are separated or divorced?
Yes, local authorities frequently issue penalty notices to both separated parents as standard practice. However, the non-resident parent can request an administrative review and have the fine withdrawn if they can demonstrate they had no knowledge of the holiday and did not give permission.
Can a step-parent receive a school attendance fine?
Yes. If a step-parent lives in the family household and has day-to-day care of the child, they fall under Section 576 of the Education Act and can legally be issued a penalty notice.
What happens if one parent pays the fine but the other refuses?
Each penalty notice is legally separate. If Parent A pays £80, their liability is fully discharged. If Parent B refuses to pay, Parent B alone will be prosecuted in the Magistrates’ Court under Section 444, facing fines up to £2,500 and a criminal record.