Parents wanting to take their children on holiday during term time have been given fresh hope by a landmark court ruling – although the legal picture remains unclear. Louise Daniel explains the issues.
Dad is cleared of Education Act offence
A High Court ruling that a father did not break the law when he took his daughter out of school for a family holiday has major implications for all parents and children.
The court’s decision may lay a legal foundation for more parents taking pupils on holidays during term-time. However, the letter of the law remains unchanged and the rules under which the father was prosecuted still stand.
How the case was decided
The father, Jon Platt, refused to pay a £60 charge for taking his daughter on a holiday to Florida in April 2015 after her school refused a request for seven days of absence.
Mr Platt was prosecuted under the Education Act, which says parents must ensure their child “attends regularly” at school. The law does not set out a period of time, although the Department for Education’s metric for persistent truancy is 90 per cent or lower.
Mr Platt’s case was heard by Isle of Wight Magistrates in October, when the defendant was acquitted. The local authority then appealed to the High Court, but the council’s challenge has been dismissed.
The definition of ‘regular’ school attendance was pivotal to Mr Platt’s case. He said his daughter had never recorded lower than 93% attendance. The judges rejected the DoE’s definition of regular, but an alternative has not been produced.
What the current rules mean for term-time holidays
The current legal position is that a school has discretion to allow children time away from school, but only in ‘exceptional circumstances’. These might include visiting a seriously ill family member, attending a close family member’s funeral, and greeting a parent in the armed forces who returns from operational duty.
The DoE has indicated that it is “unlikely” permission would be given for family holidays, even those considered by parents to be ‘once in a lifetime’ experiences.
The current rules, introduced in 2013, mean parents who break the law can be fined. Previously, head teachers had the discretion to allow up to a fortnight’s absence in term-time each academic year for pupils with good attendance records.
The government’s response means uncertainty remains
The DoE said it was disappointed with the ruling and will examine the judgment in detail. However, officials insist school attendance is ‘non-negotiable’.
A change in the legislation is now on the cards, and the DoE also intends to strengthen statutory guidance to schools and local authorities.
Why many parents want to take term-time holidays
Many parents want to take their children on annual holidays during term time because they say they cannot afford substantial price increases charged by travel operators during school holidays. This is borne out by a new survey suggesting families must pay more than double for a package holiday when school terms end.
Research by travel money business FairFX said package holiday prices rose by as much as 115 per cent for a family of four at a four-star hotel in popular Mediterranean destinations such as Tenerife, Majorca, the Costa del Sol and the Algarve.
For further advice on taking your children out of school during term time, call Louise Daniel on 0161 761 4611, or email her at louise.daniel@whnsolicitors.co.uk
