Can I be fined if my child has anxiety and can't go to school?
Being threatened with a fine when your child is ill is frightening. Here's how the system works in England and how to protect yourself.
How fines work
Penalty notices (fines) are for unauthorised absence. Since August 2024 a penalty notice in England is £80 if paid within 21 days, rising to £160 if paid within 28 days. A second notice for the same child within three years is charged at £160. A third offence within three years usually leads to other action, such as prosecution, instead of another fine.
If a case goes to the magistrates' court, the maximum fine is £1,000, or £2,500 for the more serious offence where parents knew about the absence and failed to act.
Why anxiety absence should be authorised
DfE guidance 'Working together to improve school attendance' (2024) says absence because of illness, including mental health illness, should be recorded as Code I. Schools should not usually need medical evidence. If they have doubts, they should talk to you first.
Penalty notices are expected to come after support has been offered. Where a child is unwell and a parent is engaging, a fine is very unlikely to be appropriate.
What to do if you're threatened with a fine
Write to the school asking for Code I coding and setting out symptoms and medical steps. Ask in writing how each absence has been coded. Ask whether a penalty notice has actually been requested and for which dates.
Keep GP notes, appointment letters and your diary. Ask for a support meeting. Engaging calmly and in writing is your best protection.
Questions parents ask
Can you be fined for school refusal due to anxiety?
Fines are for unauthorised absence. If your child is unwell with anxiety, ask for the absence to be authorised as illness (Code I). Fines shouldn't be used where a child is ill and the family is engaging with the school.
How much is a school fine in England?
£80 if paid within 21 days, or £160 within 28 days. A second notice within three years is £160.
Does this apply in Scotland or Wales?
No. This guide covers England. Scotland and Wales have different rules.
More guides
General information for families in England, not legal or medical advice. Checked against DfE guidance current in 2026.