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Councils have chosen not to take court action in almost 2,000 cases where parents have not paid absence fines, with thousands more left unresolved, new analysis shows.

The government established a national framework for issuing enforcement of penalty notices (PNs) in August 2024 to address the unequal use of absence fines across different areas.

But recent research by the found a 鈥減ostcode lottery鈥� in issuing absence fines remains 鈥� with 15 councils making no prosecutions for non-payment of fines altogether.

Schools Week analysis reveals these councils have nearly 2,000 unpaid fines that were written off before being taken to court, and more than 6,000 unresolved cases.

Almost three-quarters of the councils that have chosen not to prosecute cases are in London or the south-east.

Councils that made the most prosecutions are concentrated in Yorkshire and the West Midlands, including Doncaster, Birmingham, Sheffield, Bradford and Wakefield.

Town halls that did not prosecute families told Schools Week they preferred to address the structural barriers to school attendance, while others blamed staff or system capacity.

Maxine Perrott, a researcher at the EPI, said analysis showed the 鈥渙ngoing regional differences in how absence fines are used, and raises questions about their effectiveness鈥�.

The Department for Education said all schools and councils “must follow our guidance”, and that geographical variation had reduced since 2023-24.

Absence fines at all time high

Under DfE guidance launched in 2024, schools must consider 拢80 fines when a child misses 10 half-day sessions.

This rises to 拢160 if paid after 21 days but before 28 days. After this, councils can prosecute parents.

Last year, councils handed out just under 493,000 penalty notices on behalf of schools in 2024-25. Around 6 per cent of these (28,909) led to prosecution.

Research by EPI found 15 councils had not prosecuted any families for non-payment after 28 days.

The majority of these (73 per cent) were in London and the south-east and include Waltham Forest, Buckinghamshire, Southampton and Slough.

But four councils in the north of England 鈥� Stockport, Trafford, Warrington and Leeds 鈥� were also on the list.

鈥榃ork with families, not against them鈥�

Figures from the DfE鈥檚 parental responsibility measure data set reveal there were 1,893 cases for prosecution which the 15 councils decided to withdraw.

Nine of the councils also had “unresolved” cases, amounting to 5,106 in total. A large majority of these were in Leeds (3,810), while data for Stockport reveals all council fines appear to be paid on time.

Leeds said the unresolved cases are still being considered or progressed, and that a “small number of cases may be withdrawn where circumstances change”.

In Waltham Forest, the council chose not to take 472 cases to court, despite fines being left unpaid after 28 days.

A council spokesperson said all cases were discussed with schools, with considerations of individual circumstances, and whether prosecution would be an 鈥渆ffective step鈥� in improving attendance.

鈥淓nforcement, including prosecution, remains part of this approach but is applied in a proportionate and considered way, ensuring fairness and consistency across all cases.鈥�

Kensington and Chelsea had 51 absence fine cases left unresolved in 2024-25. The council said it 鈥渨orks with families and not against them鈥� to overcome barriers to attendance.

鈥淲e acknowledge that families may face a range of complex and often overlapping barriers that impact their children鈥檚 ability to attend school regularly.

鈥淭hese challenges can include health concerns, housing instability, mental health difficulties and other family circumstances that are not always visible or straightforward.鈥�

Processes 鈥榮till being embedded鈥�

In Barnet, DfE data shows that the council withdrew prosecution for 212 unpaid fines. The council said it was 鈥渦nable to prosecute due to not having the capacity鈥� at the time.

But it added that 鈥渋n most cases the preference is to work with schools and families to offer support, guidance and intervention when appropriate鈥�.

In Warrington, the council said processes were 鈥渟till being embedded鈥�.

Meanwhile Buckinghamshire said no prosecutions last year “was not typical of other years”, as officers experienced “operational and resource constraints”.

Lewisham, which did not prosecute 230 unpaid fines, said it 鈥渄oes not prosecute specifically for non-payment鈥�, but does for irregular attendance.

A Lewisham spokesperson said it focuses on 鈥渆arly support and working with families to address the causes of absence鈥�, which is 鈥渕ore effective in improving attendance long-term鈥�.

鈥楻aises questions of effectiveness鈥�

Perrott said: 鈥淭he fact councils are taking such different approaches to prosecution of penalty fines is another example of the postcode lottery we discuss in our analysis.

鈥淏eyond the issue of fairness, it raises questions of whether fines are the most effective way of increasing attendance.鈥�

But Dan Lilley, head of youth at the Centre for Social Justice, said: 鈥淭he best place for children is in education, and councils should be using all the tools at their disposal to keep them there.

鈥淲e need to reset the relationship and responsibilities of parents and teachers, including through attendance awareness courses and fines where appropriate, but also extra support for the children struggling the most.鈥�

A DfE spokesperson said the department is “clear every school and local authority must follow our guidance which sets out clear expectations on supporting children to attend school, and when enforcement may be necessary.”

The DfE said it was reducing variation of use across the country, which has fallen from zero to 19.5 per cent in 2023-24 to zero to 17.1 per cent in 2024-25.