The New Uniform Rules — and What a Term-Time Fine Really Costs

Two things changed for parents this term, and both are worth knowing before the first letter comes home.

From 1 September 2026, schools in England are limited in how many branded uniform items they can require. And the rules on absence fines, which changed in 2024, are now being applied far more consistently than they used to be.

The branded uniform cap

Under section 35 of the Children's Wellbeing and Schools Act 2026, brought into force on 1 September 2026:

• Primary schools may not require more than three different branded items of uniform in a school year.
• Secondary schools may require four, but only if one of them is a tie.

A branded item is one that can only be bought from a specific supplier — anything carrying a logo, a distinctive colour or pattern, or a school-specific design.

PE kit counts. This is the point most schools have had to change. A branded PE top is one of your three or four, not a separate category.

Schools can still have a uniform. They can still require a particular colour of trousers, skirt or shirt. What they cannot do is require you to buy more than three or four items that are only available from one shop.

If your school is asking for more

Ask, politely and in writing, how many branded items they require and how that fits the statutory limit. Schools have had notice of this and most have adjusted, but not all.

If it is not resolved, complain through the school's formal complaints procedure, then to the governing board. For an academy, you can escalate to the Education and Skills Funding Agency; for a maintained school, to the local authority.

Separately, schools should make second-hand uniform available, and many have a hardship fund. Ask the office directly — it is usually handled quietly and without fuss. You may also be entitled to help through benefits.

Absence fines: the numbers

The national framework from August 2024 set the amounts, and they have not changed for 2026/27:

• £80 if paid within 21 days.
• £160 if paid between 22 and 28 days.
• A second penalty notice for the same parent and child within three years is a flat £160, with no discount.
• There is a cap of two penalty notices per parent, per child, in any three-year period.

Beyond the second notice, the council can prosecute instead. That carries a fine of up to £2,500 and, in the most serious cases, a community order.

Note that fines are per parent and per child. Two parents taking two children out of school can be four separate penalty notices.

When a fine can and cannot be issued

The trigger is usually 10 sessions — five school days — of unauthorised absence in a rolling 10-week period. The days do not have to be consecutive.

The absence has to be unauthorised. Illness recorded by the school is authorised. So is a religious observance day, and absence where the school has agreed it in advance.

Headteachers can only authorise a term-time holiday in exceptional circumstances. Cheaper flights are not exceptional. A family funeral, a parent returning from military deployment, or a serious family crisis may be. If your situation is genuinely unusual, put it in writing well in advance and explain why.

If you get a penalty notice you think is wrong

There is no formal right of appeal against a penalty notice, which surprises most people. Your options are to pay it, or to not pay it and let the council decide whether to prosecute — at which point you can defend the case in the magistrates' court.

That is a significant step, so before it gets there:

• Ask the school in writing to explain which sessions were recorded as unauthorised and why.
• If a mark is wrong — your child was ill, or you had agreement — ask for the register to be corrected. A short written request is more effective than a conversation at the gate. Schools can and do amend attendance codes.
• If you have already been through the school and it is unresolved, write to the local authority's attendance team setting out the facts.

If the real problem is not a holiday

A lot of attendance cases are not about term-time trips. They are about anxiety, bullying, an unmet special educational need, or a child who is genuinely unable to attend rather than unwilling.

If that is your situation, the fine is the wrong lens. What matters is getting the underlying need recognised — which may mean asking for a needs assessment, involving the SENCO, or getting medical evidence on the record. Schools and councils are expected to support before they penalise, and a documented health or SEN issue changes the picture substantially.

Free help: Citizens Advice on 0800 144 8848. IPSEA on 0800 018 4016 for special educational needs. Coram Child Law Advice on 0300 330 5485 for education law.