Parents line up to challenge term-time holiday fines

THOUSANDS of British parents are poised to have fines refunded after the High Court ruled that children can be taken on term-time holidays. But the Department for Education vowed to close the loophole and change the law to remove the requirement that school attendance is ‘regular’ – which will mean that every unauthorized absence would be illegal.

However, any such changes could take years to implement and in the meantime millions of families could book term-time holidays following the court ruling.

The landmark case was won by Jon Platt, from the Isle of Wight, who refused to pay a fine for taking his daughter on a family holiday to Florida. He made legal history after the High Court ruled he was not guilty of any criminal offence. The test case will help parents take term-time holidays without fear of being prosecuted – and potentially allow some of the 200,000 fines handed out over the years to be reclaimed.

The case highlighted the issue of the high cost of holidays during school breaks. Andrew Shelton, managing director of flight search website Cheapflights, said: ‘It's unsurprising that families are flouting the rules when it comes to taking children out of school during term time, as prices can rise significantly in line with demand during the holidays. A quick search on our site today shows that families can save up to 45% by travelling during term time; a flight to Lanzarote is just £204 in September, which represents a saving of £340 on the adult tickets alone against the August price of £374.

‘Hopefully, this ruling will lead to some relaxation of the rules to flatten out those peak demand periods, giving everyone the chance to enjoy the benefits of a family getaway.’

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End term-time holiday ban, say MPs

BRITISH MPs have called for a review of the policy that outlaws school term-time absences other than in “exceptional” circumstances. 

The ban on term-time holidays, which has led to thousands of parents being fined, is ‘blatantly unfair; and is undermining the importance of family life, MPs claimed in a House of Commons debate.

The debate also highlighted the ban’s negative impact on the UK tourist industry, which has lost business during term time. MPs heard that the Cornish economy had lost an estimated £44 million in 2014 as a result of the policy.

Leading the debate, Steve Double, Conservative MP for St Austell and Newquay, said: ‘Education is clearly vitally important. But it is not the only important thing in a child’s upbringing. While I support the aim of getting children to attend school regularly, I fundamentally disagree that telling parents when they can and cannot take their children on holiday is the job of the state. Every child is unique, and it should be for parents to decide what is right and best.’

He said the restrictions meant people who work in tourist areas were unable to take family holidays, as were lower- and even middle-income families who could not afford to go on holiday during peak periods.

The debate was triggered by a petition on the issue that attracted more than 120,000 signatures in a month.

Before the rules were introduced in 2013, head teachers had discretion to grant up to two weeks’ term-time leave to pupils with good attendance records. Now, if a parent takes a child out of school without the authority of the head teacher, they can be fined £60 per child by the local authority, rising to £120 if unpaid after three weeks.

The Local Government Association, representing 370 councils and boroughs across the country, has also called for changes.

A Department for Education spokesman said it was a myth that missing school even for a short time was harmless to a child’s education. ‘Our evidence shows that missing the equivalent of just one week a year from school can mean a child is significantly less likely to achieve good GCSE grades, having a lasting effect on their life chances. Heads and teachers are now firmly back in charge of their classrooms, and most recent figures show we have made real progress – with 200,000 fewer pupils regularly missing school compared with five years ago.’

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Dad who refused to pay school attendance fine wins court case

MAGISTRATES in England have thrown out a case against a father who was taken to court after refusing to pay a £120 fine for taking his six-year-old daughter out of school to travel to Florida. 

Jon Platt, from the Isle of Wight, argued that UK law required only that children attended school regularly. Isle of Wight Council said it was following government guidance and was reviewing the outcome of the case.

Mr Platt took his daughter out of school to go to Florida in April with 15 other family members, despite an absence request being rejected by the school.

‘I cannot allow a local education authority to tell me what is right for my kids; I know what is best for my kids,’ he said. He insisted his children got ‘great value and great experiences’ from the trip, with ‘no detrimental impact whatsoever’ on their education.

Having refused to pay a £120 penalty, he successfully argued that Section 444 of the Education Act required parents to ensure their children attended school ‘regularly’, and did not put restrictions on taking them on vacations in term time.

His daughter had a 93.8% attendance record in the previous academic year.

Mr Platt told the BBC: ‘There is no complex loophole. Parents have nothing to fear from local education authorities (LEAs) if their children have attended school regularly. LEAs are trying to use the legislation intended to stop truancy to stop parents taking their kids on holiday.’

The council said it took legal action based on ‘appropriate legislation, Department for Education regulations, and guidance’.

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