Term time holidays

Some parents have long argued that in order to afford a holiday for their family, it is necessary for them to take time out during the school term. This is due to the significant increase in the cost of their trip outside of term time. However, schools put forward the compelling argument that term-time holidays are disruptive to a child’s learning. Furthermore, the current Government has campaigned to drive up attendance in schools, in an attempt to drive down the number of “lost” days of education.

You can now only allow your child to miss school if they are either too ill to go in, or you have advanced permission from the school. What this means is that fewer schools are authorising leave for children. Consequently, there have been an increase in the use of school fines and criminal proceedings against parents.

The legal framework, as set out in Section 7 of the Education Act 1996, states that “the parent of every child of compulsory school age shall cause him to receive efficient full-time education…either by regular attendance at school or otherwise.”

Failure to ensure regular attendance can lead to prosecution of the parent under Section 444 of the Education Act 1996.

Issues to consider

Firstly, consider whether your child is of “compulsory school age”. This may seem obvious, but there is a legal definition that children must get an education between the school term after they turn 5 and the last Friday in June in the school year they turn 16.  So, if your child is in nursery years and is not yet five, or they have finished their GCSE’s and you want to take advantage of the early finish to the school year, then they are not of compulsory school age. If your child is in Yr 12 or 13, they are also not of compulsory school age.

If your child is of compulsory school age, you will need to contact your school to see if they will authorise your child’s absence. This is unlikely to happen, as holidays are not normally considered “exceptional circumstances” that would allow a school to authorise an absence.

Key considerations

At that point, it will be up to you as a parent to decide if you wish to take your child out of school for the term time holiday. But in order to make an informed decision, you need to be aware of the following:

• Occasional term-time holidays may result in a fine of £80.00 per parent from the Local Authority, rising to £160.00 if unpaid within 21 days.
• A second fine within 3 years will be £160.00 per parent per child.
• Failure to pay within 28 days may result in court action for keeping your child out of school.
• Three or more absences within 3 years will not lead to a fine, but may result in court action instead.
• Court action could lead to a fine of up to £2,500, a community order, or a jail sentence of up to three months — potentially alongside other orders such as a Parenting Order.

It is important to note: the fines are per parent per child.  The definition of “Parent” in Education Law is extensive and includes anyone with Parental Responsibility for a child or anyone who has care of the child, regardless of biological or legal relationship. Recent evidence has shown that Local Authorities are fining stepparents of children, cohabitees of parents if the child lives with that parent, as well as those who have Parental Responsibility. This will impact upon those who have shared care arrangements.

So, if you are factoring in the cost of a fine, factor in not only the financial cost, but the emotional cost of your relationship with ex-partners and their new partners who may suddenly find themselves in scope of a fine due to your decision.

The Supreme Court held that fines, also known as fixed-penalty notices, are a sensible approach because they spare the wrongdoer a criminal record, but this did not detract from their decision that removing a child from education for the purpose of a holiday is against the law. They are akin to speeding fines in that regard. And, just like speeding fines, if you do not pay them, then you may find yourself in court fairly quickly.

Key takeaways for parents

• Term-time holidays are unlawful for compulsory school age children: Removing children from school for holidays without permission is against the law.
• Fixed penalty notices:Schools and councils are likely to issue fines for unauthorised absences.
• Exceptional circumstances: Permission may only be granted in cases deemed exceptional by school authorities.

If you require any legal advice in relation to School Fixed Penalty Notices or in relation to Criminal proceedings, please contact our Education and SEND Team or our Criminal Law Specialist, Ruth Barber.

If you are struggling to get your child into school, for reasons other than Term Time Holidays, view our School attendance  page.