Page 11 - Shaw Connected - March 2018

HOLIDAYS IN TERM TIME: cheaper, but is it really worth it?
As we look out to miserable, cold weather it’s no surprise this is prime holiday booking season. Regardless of your views on taking children out of school during term time, most of us are a bit vague on what we can and can’t get away with...
When are absences allowed? Under English law any parent who fails to ensure their child goes to school ‘regularly’ is guilty of a criminal offence under Section 444 of the Education Act 1996. Parents can only allow children to miss school if they’re sick or they have advance permission from the school.
Advance permission Previously, schools could grant up to 10 days term time holidays each year for 'special circumstances'. But, since amendment regulations came into force in 2013 head teachers can now only give permission in ‘exceptional circumstances’ e.g. visiting seriously ill family or attending a close relative’s funeral. Basically, even with the most persuasive request you're now unlikely to get permission for a term-time holiday.
What happens if I take them away anyway? You are breaking the law! Head teachers have to report all absences to the council responsible for education in their area (LEA). If an absence is unauthorised you could face a £60 fine per child per absence or worse.
What if I don’t pay the fine? If you don’t pay within 21 days it increases to £120 and if you don’t pay within 28 days you can be prosecuted for your child’s absence. If found guilty you could end up with a criminal record, face a fine of up to £2,500, court costs and be jailed for up to three months.
Go on holiday and pay the fine? It’s worth noting that technically the LEA are under no obligation to issue a fine first and could take you straight to the Magistrate’s Courts.
A cautionary tale: Mr Platt v Isle of Wight LEA The dad was fined by the Council when he took his daughter on a family trip to Florida during term time without permission. He refused to pay and was taken through the Court system where he ultimately lost. The Supreme Court ruled ‘regular’ attendance under the Act meant “in accordance with the attendance rules” such that it was irrelevant that the girl had otherwise high attendance (95% prior to the holiday).Thematterwassentbacktothe Isle of Wight where Mr Platt was handed a 12 month conditional discharge and ordered to pay £2,000 in costs. The decision is ‘binding’ meaning anybody appealing a fine is now unlikely to be successful.
Laura Campbell is a Solicitor in the Dispute Resolution team at North Ainley Solicitors, Oldham.
For advice on all aspects of litigation and employment law please contact 0161 624 5614
North Ainley is authorised and regulated by the Solicitors Regulation Authority. SRA Number 00058840.
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