Term-Time Holiday Fine - the law?

MandM90

You can get fined?! :eek: My DDs best friend just came back from Australia - missing a week at the beginning of school - and the school were well aware. We were thinking of her missing a week next year to visit friends in South Africa as us all being off at the same time is a nightmare and this had never occurred to me. It's a private school, so maybe the rules are different.

Could you quietly ask around and see if anyone else has been fined and how it occurred, and how much it is? If you really want to go maybe just swallowing the fine as part of the holiday is the only option. I wouldn't want teachers/the HM catching me being untruthful, especially as your DS is going to be there years!

gingin_2

MandM90 wrote: »

You can get fined?! :eek: My DDs best friend just came back from Australia - missing a week at the beginning of school - and the school were well aware. We were thinking of her missing a week next year to visit friends in South Africa as us all being off at the same time is a nightmare and this had never occurred to me. It's a private school, so maybe the rules are different.

Could you quietly ask around and see if anyone else has ever requested time off?

It would definitely be different at a private school but as far as I know, from talking to a parent at my child's school, it's just an official letter with no fine here at the moment.

Spendless

The fine is £60 per child, per parent, per absence. As Government guidelines haven't been given out as to what counts as 'exceptional' schools are either going by LA guidance, deciding their own or making it a blanket no. In my are 'exceptional circs' have been defined as (I'm paraphrasing)

a member of armed forces embarking on or returing from a tour of duty abroad

only able to have hols at certain periods- documentation from employer to be provided.

where a hol is recommended by health professional due to medical or emotional need-signed documentation needed

Anything else where schools are unsure to be referred to LA for decision.

Schools don't seem to be clear on when a fine will actually happen though, my daughters Primary school has said nothing, my sons Secondary has said 'only if attendance falls below 90% or there's been a previous unauthorised hol of 5 days+ and my friend's son's Primary has said it's an automatic fine! These schools are in 2 villages next to each other.

nodiscount

peachyprice wrote: »

If you have documentary evidence that your OH cannot take time off during school holidays it will be considered exceptional circumstances and you will be allowed to take him out of school without penalty.

I wrote to the head teacher to tell her that and she said this:

Headteachers are no longer permitted to grant holidays in term time and can only grant leave of absence in exceptional circumastances and a holiday would not fall under the bracket of exceptional circumstances

(Spelling mistake is hers btw)

nodiscount

So I looked at the law again and it says parents will be fined if they don't ensure 'regular attendance' at school.
I don't know what 'regular attendance' means. I supposed there might be some case law to clarify it but its silly that the legislation is so vague. Perhaps it was intentional so that headteachers can interpret as they like.

Edit...
Our headteacher says holidays are never exceptional circumstances which is interesting as the government guidance indicates otherwise (in section about register codes):

Code H: Holiday authorised by the school
Head teachers should not grant leave of absence unless in exceptional circumstances. The application must be made in advance and the head teacher must be satisfied that there are exceptional circumstances which warrant the leave. Where a leave of absence is granted, the head teacher will determine the number of days a pupil can be away from school. A leave of absence is granted entirely at the head teacher’s discretion.

http://media.education.gov.uk/assets/files/pdf/s/guidance%20and%20advice%20on%20school%20attendance%20-%20updated%20aug13%20-%20final.pdf

According to that the LA's code of practice should offer guidance on what constitutes 'unauthorised absence'. I suppose I've answered my own question!

Now where to get hold of my LA's code of practice hmm.....

MandM90

We value education SO much, but I do think this is a bit of a shame...especially for once in a lifetime holidays to faraway places. Education should be about more than adding and spelling - travelling is so worthwhile - and family time is important too. That said, I guess they need to draw a line somewhere and there would always be those that take the biscuit.

Tiddlywinks

Complying with the rules of an organisation is also a good life lesson for a child... they need to know and understand that rules are there for a very good reason.

Lying and pretending to be sick is unacceptable as an example to set a child.

Using that old chestnut of 'travel is also an education' is also something reeled out as an excuse.

Most often parents are just choosing to take kids out of school to save money by travelling off peak.

In exceptional circumstances - where the employer can give confirmation that the parent cannot be released during school holidays - then the parent should ask the school to advise them of the very least disruptive time to take that break.

peachyprice

nodiscount wrote: »

S
According to that the LA's code of practice should offer guidance on what constitutes 'unauthorised absence'. I suppose I've answered my own question!

Now where to get hold of my LA's code of practice hmm.....

It should be on you LEA website, that's where I found mine.

I googled 'term time holidays' and my LEA, it was under 'attendance' then 'legal action to enforce absence'

stu20vt

Yep I would rather take my child out of school for a once in a lifetime holiday rather than the alternative, to be in a class learning 1+1. They will gain so much more from traveling and this should be recognised by schools, as long as the p1ss is not being taken.

jackyann

I know it doesn't help anyone facing this situation, but I took my children out of school for 2 weeks every year until the eldest was doing GCSE work. They all have good degrees from good universities.
I think it a great shame that schools don't feel able to be flexible, and I note that in the "exceptional circumstances" quoted above there is no mention of religious observance or family celebrations.