School Holiday Fines Despite the recent good weather, many of us may have or will undoubtedly be looking to book foreign holidays for July and August…going on past summers, July and August will bring with it the unpredictability of the great British weather! Come mid-July, there is no doubt that holiday prices will soar as temperatures dip, which will normally last until mid-September. According to research carried out, foreign holidays on average increase between 35% to 60% in comparison with non-term time holidays and could, according to a recent article in the Daily Mail, holidays can increase up to 115% of the original value for the same holiday during July in comparison with a week in May. With such significant increases, this has given rise to parents looking to take their families on holiday during terms time when prices for holidays are considerably less. But what is the legal position on taking a child from school and what are the implications? The Legal Position in England The law in England differs from that in Wales. We shall deal with both separately in this respect. Under the current legislation in England, if a child is in an English state school aged between 5 – 16 years old and has an unauthorised absence from school during terms time, the parents of that child may be fined £60 per child per parent. This could rise to £120 per child per parent if the fine levied by the local authority is not paid within 21 days. Should the fine remain unpaid for 28 days, the local authority is permitted to commence Court proceedings, where a fine for up to £2,500 or possible imprisonment for up to 3 months may be handed down against the parents. From a legal perspective, an unauthorised absence from school is an absence which has not been approved by the school. Should no reason be given for the child’s absence or an unacceptable reason is given for the absence, the default position will be that such absence will be deemed unauthorised absence. The law in respect of such absences was amended in September 2013, giving schools the right to approve absences in “exceptional circumstances”. However, on the face of it and in a normal situation, taking a family holiday during term time will be deemed to be unauthorised leave if no prior approval is obtained from the school. The decision whether to issue a fine will rest with the head teacher. It has also been known that some local authorities will issue such a fine automatically. The amount of fines issued for unauthorised absence in 2013/2014 by local authorities was approximately 64,000, generating over £3million to local authorities by way of fines. The Government and local authorities deem such unauthorised absence from school very seriously. The Government have even carried out research demonstrating that even short gaps in a child’s attendance at school could be detrimental to their development. But parents counter-argue that the experience of foreign travel and embracing new cultures adds to a child’s development, especially when embracing a foreign language and visiting historical sights. Private schools are exempt from such fines, which when considering that private education term times are shorter, feels unfair for state school parents should they wish to take their families on a foreign holiday when prices are significantly lower that during summer months and school holidays. The Law in Wales The law in Wales regarding such fines differs to that in England. The Welsh Assembly Government reminds local authorities that there is no automatic right to withdraw pupils from school for holiday. Parents must apply for permission from the school in advance where possible. However, it all depends on where one lives as to what policy your local authority has in respect of such fines. Some local authorities in Wales apply a strict enforcement of the rules, whilst others are far more lenient. Head teachers have discretionary powers to authorise leave for family members during school term time where parents apply in advance for permission. Save in exceptional circumstances, no more than 10 days leave should be granted for such leave. Head teachers are encouraged to consider the time of year of the proposed trip, length and purpose of the holiday, with a view of assessing the impact on continuing learning, family circumstances and the overall attendance pattern of the child during the school year. Tests or examinations, if such dates are known, should also be factored into the decision making process. Should a head teacher decide to refuse a parents’ request for holiday during term time, this is deemed to be “unauthorised absence” and the implications set out above would therefore apply, i.e. fines could be levied. However, a fine can only be issued if it is in compliance with an individual local authority’s Code of Conduct. The local authority will be responsible for the management of such a scheme and should take into account the local needs and resources. However, the key difference between Wales and the position in England on this matter is that schools and head teachers have far more discretion whether to authorise such absence or to refuse such an application for holidays during term time. Possible Developments and Clarity on the Law The High Court is due to issue guidance on this matter imminently following an appeal by the Isle of Wight Council for clarity on the law following the decision of magistrates that Mr Jon Platt had no case to answer following his daughter’s unauthorised absence from school, despite her regular attendance at her school. The decision, in our view, will certainly bring clarity on this matter and could potentially redefine how the law is applied in England and possibly Wales, in light of the judicial scrutiny of the legislation on unauthorised absence. Once the decision has been handed down by the High Court, we will undoubtedly provide our views and guidance on the decision at that time. However, should you have any queries or wish to discuss any aspect of educational law, contact us on education@sinclairslaw.co.uk and one of our specialists would be happy to assist with your queries.