School declined holidays and branded the kids truants

JVRMac

Hi all

I've just booked a holiday to Florida for next year. We couldn't afford to go in the school holidays so we decided to book it around Whitweek so the kids and hubby would only be off for 1 week out of the term (my husband is a caretaker in a school). So I handed the holiday forms in and have been advised that as from Sept the law has changed and no holidays are allowed in term time. My kids will be in Yr 4 and Yr 2 at Primary School both of them have had 100% attendance since they started and now I am being advised that there absence will be classed as truancy and we will be taken to court and fined £100 per child.
This is the holiday of a lifetime for us, it's costing us £3K just for flights and room only, to book the same hol in the Easter or 6 wk hols the cost rose to just under £5K.
And to top everything else off my husband has told me that he won't have the holidays authorised either.
I can't believe I'm having these problems when we are giving everyone a year's notice, has anyone got any suggestions on what we can do or what our rights are, if we have any?
Many Thanks

bugbabe

did you put it into writting to the school ,ive just had it approved to take my children 1 whos at high school yr7 and my youngest whos yr4 from what i understand if your child has less then 95% attendence they can refuse you

balletshoes

You have my sympathy, I have also taken my child out of school for 2 or 3 days in term time.
I'm not aware of any change in the law per se, but each school has the right (as I understand) to allow or not, up to 10 days absence in term time. Some schools (like my daughters) do allow the 10 days, but there are exceptions (like in a SATs year, in the term including the SATs - so year 2 and year 6, no holidays in term time allowed between the end of the Easter holidays and the start of the half term holiday at the end of May).
Some schools have a zero tolerance policy in place regarding any time off in term time to go on holiday.

Has your husband already been told he can't have the time off work? Has he had to get his holidays authorised in advance in the past? Although I do take holidays which are partly in term time, partly in school holidays, I always check with the school (and with my work too) before I book anything.

I'm really not sure theres any avenue you can go down - if your husband can't get the time off work, I guess you'd need to consider cancelling your holiday.

peachyprice

You have no right or entitlement to term time holidays.

Did your school not advise you of their term time holiday policy when your children first started? Have you really not heard of this much publicised policy? There was plenty on the news about it when the fines were introduced a few years ago.

If your saving all that money on the holiday by taking them out of school all you can do is pay the extra £400 in fines (£100 per child per parent)

kckleekyle

JVRMac wrote: »

Hi all

I've just booked a holiday to Florida for next year. We couldn't afford to go in the school holidays so we decided to book it around Whitweek so the kids and hubby would only be off for 1 week out of the term (my husband is a caretaker in a school). So I handed the holiday forms in and have been advised that as from Sept the law has changed and no holidays are allowed in term time. My kids will be in Yr 4 and Yr 2 at Primary School both of them have had 100% attendance since they started and now I am being advised that there absence will be classed as truancy and we will be taken to court and fined £100 per child.
This is the holiday of a lifetime for us, it's costing us £3K just for flights and room only, to book the same hol in the Easter or 6 wk hols the cost rose to just under £5K.
And to top everything else off my husband has told me that he won't have the holidays authorised either.
I can't believe I'm having these problems when we are giving everyone a year's notice, has anyone got any suggestions on what we can do or what our rights are, if we have any?
Many Thanks

Before i start education is very important to me but I recently had this problem and it was in sats time, I was really worried about taking the kids out of school although they also have full attendance.I decided to go ahead with my holiday as the fine would have been cheaper than rebooking in term time, also my kids and I really needed a break, I told the school (who didn't authorise the absense) that it was an educational visit to egypt where they would learn a lot more than if the school took them out on silly trips to drayton manor or 2 stay in a castle for a week like our school has taken my children in the past,
I really wouldn't cancel I have been to florida and your children will have the time of there lives and also learn a lot. 1 week is not a long time they grow up so fast and family time so important.
People will probably slate me for this but I now how expensive it is to take holidays in term time and I also no that happy memories count toward a happy future.

Oldernotwiser

The children are not the problem here as the father isn't allowed the time off.

I would think it seriously unwise to book any holiday anywhere before having annual leave approved for all working adults.

whatmichaelsays

You need to check the holiday policy in your contract of employment, although it will most likely forbid holidays in term time. It's standard for employers to tell employees when they can / can't take holiday time off (for instance, banning holiday time in peak trading periods). Likewise, the school holidays may be considered as "shut-down" and you will be expected to leave enough of your holiday entitlement available to cover this.

If your contract states no holidays during term time, the school is very much in the right.

cannyscot_2

Yes I feel for you but as above I would concentrate on your DH's position as normally on school employed people eg teachers assistants they exclude holidays in term time. I have a relative whose wife booked a holiday over an inservice day -he was a non teaching assistant and he was sacked for missing that day.

Pollycat

I agree with oldernotwiser - although your post is mainly about your childrens' school fining you if you take them out of school during term time, the bigger issue is the fact that your husband can't take the time off that you've booked.

Did he ask his boss if he could take the weeks off that you've booked - before you actually booked the holiday?

What are the normal procedures for booking holidays at his workplace?
Most employers expect you to get time off OK'd before you book a holiday.

If his employer won't allow him to take the time off, you don't really have a problem with taking the children out of school - unless you are considering taking the children on your own.

JVRMac

Thanks for all the replies, firstly when my kids started school the policy was the standard 10 days at the discretion of the School, however as from Sept 2010, there is a new legislation which is being introduced which means no holidays will be authorised, this was apparently introduced by the old government and is something the new government has endorsed and is proceeding ahead with.
The School issued a newsletter advising that from Sept a new holiday policy will be introduced, apparently details of what the policy is will be sent out in Sept. I am assured by the school that this is national and will affect all schools.

As for my DH, he hasn't yet asked at school for his holidays but it does state in his contract hols to be taken outside of term time. However his old boss, who retired earlier this year used to go on holidays out of term time every year for up to 3 weeks, also there are other non teaching staff who have taken unpaid leave when taking holidays in term time.

I don't want my DH to lose his job over it.

DaisyFlower

It was not the best idea to book a holiday without any working adults having the leave authorised first. Its simply not worth losing a job over a holiday.

Our school will not authorise term time holidays unless there is a valid reason - close family wedding, funeral etc.

A holiday is a luxury not a right and children have 13 weeks off school so plenty of time to go away if desired.