LA penalty notice/term-time holiday clarification

Zziggi

Just a query on behalf of a friend (not me honestly!!)

My friend is going on holiday for 3 1/2 months. Her child is missing 3 weeks of term then part of the Autumn term. Her child will start the new year late:rolleyes: None of the holiday is going to be authorised as the school refuse to as her child had a fortnight last December as a term-time holiday. She accepts this and knows she will be fined.

The Local Authority rules state:
Penalty notices have been introduced under section 23 of the Anti-Social Behaviour Act 2003 as an additional sanction to address the problem of irregular school attendance. Penalty Notices are issued to all parents/carers where a child fails to attend school regularly and the absence is recorded as unauthorised. Late arrival after the register has closed is also recorded as unauthorised absence.
If a penalty notice is issued the recipient has 28 days from the date of issue to pay £50, after 28 days it increases to £100. Failure to pay a penalty notice within 42 days will result in legal proceedings in the Magistrates’ Court under section 444(1) or section 444(1A) of the Education Act 1996, for failing to secure the regular school attendance of a child. The Education (Penalty Notice) England Regulations 2004, Section 6 states that where a penalty is not paid in full, the local authority named in the notice shall institute proceedings against the recipient for the offence to which the notice relates. A person found guilty of an offence under 444(1A) will be liable to a fine up to £2,500, a term of imprisonment not exceeding three months, or both. Other sentencing options available include Parenting Order, fine and a Community Punishment and Rehabilitation Order.


What I want to clear up is the 28 days & 42 days thing. The fine is £50 per child per parent if she pays within 28 days. The it becomes £100 or legal proceedings if not paid within 42 days. Does this mean 42days from the first issuing of the £50fine or 28days +42 days = 60 days from the issuing of the first fine.

Can anyone clear it up please?

P.S. Please, please please don't moan about what she is doing. I have spoken/argued with her until I am blue in the face. I personally believe what she is doing is wrong, especially as they had 2 weeks in December. However there is nothing I can do so I am only trying to damage limit for my friend by explaining to her EXACTLY what she is going to subject herself to. As she is out of the country for 3 1/2 months, i reckon it's going to go straight to court as she will not be here to deal with her post and pay the fine.

inkie

What I would do is speak directly to LA to get clarity on the matter. As ther is no question about her not going away, and therefore attracting a penalty notice - I would be looking to pay it in advance.

creased-leach

I guess it's all relative. Some dear friends of ours are anthropologists. The work they do means that their son misses several months of school every year. When they're away, he is either taught by them or if they're at their base in town he goes to the local school with the Amazonian kids.

He learned to swim in the Amazon river- and does so like a fish. He knows more about the natural world, ecology, sustainable tourism, deforestation etc etc than I ever will.

He also speaks 4 languages fluently (and dabbles in several others)- all at the ripe old age of 8.

Your friend may be better off weighing up taking her child off roll for the duration.

peachyprice

Day 1 - 28 £50
Day 29 - 42 £100
Day 43 - legal action.

So she needs to sort this before she goes, otherwise she could potentually end up in very deep water depending how hot they are in your LA at enforcement.

mandragora_2

How keen is she to keep her child on roll at the school? If it's a popular school, and there's demand for places, she might return to find the place gone - at my old school and child absent for a month could be removed from roll - and they'd certainly have done that in the scenario you're describing above.

If there's pleny of places there, well, as someone else has said, she might look into taking the child off roll, and then re-registering on return.

ailuro2

Someone said to me the other day that travel is the best education a child can have - I agreed that kids do learn a lot from investigating different parts of the world, but I said 'try submitting that to the University you're trying to apply for'

- DD (10)bless her cotton socks, wants to be a vet, but I don't think 'went on a bear watching trip in Canada would convince the vets practice to take her on instead of having a degree from University.

We manage to take her to see bears etc. outwith term-time.

3 and 1/2 months away isn't a holiday, it's a sabbatical, are they going to see family, or is it work that is taking them away?
Could the child stay with an aunt here who could take him to school?

They do need to seriously consider this, they will end up in hot water.

And don't get me started on education and how it should be cherished, not seen as some kind of free daycare when it suits parents to send the kids...

ailuro2

mandragora wrote: »

How keen is she to keep her child on roll at the school?

Obviously not that keen, or she wouldn't be taking the child out of school for more than a quarter of the year.:rolleyes:

Zziggi

peachyprice wrote: »

Day 1 - 28 £50
Day 29 - 42 £100
Day 43 - legal action.

So she needs to sort this before she goes, otherwise she could potentually end up in very deep water depending how hot they are in your LA at enforcement.

Oh they are hot at enforcement!!

I feel worried on her part but she is quite relaxed about it. I did query it with her whether she was still DEFINITELY going to return after 3 1/2 months and she is adamant she is. I mentioned taking the child off the school roll too but she said she didn't want to because she wants them back in the same school when they get back. All her family have moved out there & she is going to visit family. I think it is great that she is wanting to maintain the familial bonds but she had 2 weeks in December and why not go for "just" 6 weeks in the summer. I feel quite cross with her, but she is also my friend. *sigh*

I think she thinks it'll all work out ok in the end because she isn't a repeat offender and has never been before a court before!

peachyprice

Another thought, will they fine her twice, once for taking them out at the end of this school year, then again for not returning them in September? You would need 2 absence authorisation forms, so why not 2 lots of fines?

stardoman

A friend of mine homeschools her children. It seemed quite straightforward to get them taken off the roll. I think it would make sense for your friend to do this. I know you said she doesn't want to as she wants them to return to the same school. However, I'm not sure they would have to keep the places open for her children for such a long time period anyway. Without sorting it out first she could find that she is left with a large fine and no school place for her children. Worse case scenrio she could end up in prison. If she is sent court summonses she will be seen as ignoring them if she doesn't reply as they won't know she is not there to receive them.

I think you are right to be worried.

Mandy.

mandragora_2

It is straightforward to get them taken off roll - if they're not present for a month (especially at the start of a school year), the school is entitled to do this very thing - and well might - they won't like what it does to their attendance percentages, for one thing. She can't count on the place being there for her child when she gets back, and would do well to check what the school's postion would be, if she wants to be sure before leaving and not come home to a nasty surprise!