Anyone been fined yet for taking kids out of school?

barbarawright

eezer wrote: »

Don't recall mentioning invoicing the school, but the LA.

One one hand the criticism is about parents not valuing a child's education by taking them out in term time, yet their education surely is affected by a strike. It's either one way or another.

What difference does it make who you invoice? You won't get any money out of it

jackomdj

A friend of mine has just had holiday refused. He is South African and the holiday is for his brothers wedding, where he will be best man. They have not seen their family for three years (the child is 5 so over half her life), I think this holiday should be authorised as it is not just a general holiday where they get to choose when to go. Sometimes these rules are stupid!

FBaby

What is the actual process of fining. That is, the school refuses the reasons, is this automatically reported to the LA or is it at the discretion of the school to do so? If reported, does the LA automatically fine, or again, is it at the discretion of the LA?

As said above, fines have always been there, but fewer parents got fined. I took my kids out of school 5 years ago for 3 days. It wasn't granted by the school, but I didn't get fined.

Also, if the discretion is with the school, does it make a difference if the school is an academy?

Spendless

FBaby wrote: »

What is the actual process of fining. That is, the school refuses the reasons, is this automatically reported to the LA or is it at the discretion of the school to do so? If reported, does the LA automatically fine, or again, is it at the discretion of the LA?

As said above, fines have always been there, but fewer parents got fined. I took my kids out of school 5 years ago for 3 days. It wasn't granted by the school, but I didn't get fined.

Also, if the discretion is with the school, does it make a difference if the school is an academy?

No it doesn't. My son's Secondary is an academy, my daughter's Primary isn't. They are within the same area ( a village apart) belong to the same pyramid of schools and both have the same reasons that count as 'exceptional circumstances' which come from the LA. That's unless someone says that this all changes area to area. I'm expecting that to be the next thing that happens that a parent somewhere challenges a fine based on that the rules seem to be being applied in different ways throughout the country.


Am not totally sure of the procedure of fining, will go have a look if I can find something.


Found this so far. Looks like the school informs the LA who then send the letter out.


Information to Parents about Fixed Penalty Notices

What is a Fixed Penalty Notice?

The Anti Social Behaviour Act 2003 introduced legislation that made provision for a Local Authority to issue Fixed Penalty Notices. These notices require a fine to be paid by parents of pupils who have unauthorised absence from school.

A separate Penalty Notice will be issued to EACH parent for EACH child who has unauthorised absence.

In what circumstances will Fixed Penalty Notices be issued?

A Fixed Penalty Notice will be issued in three situations:

If a holiday (leave of absence) is taken during term time without the authorisation of the Head Teacher.

If a pupil has unauthorised absence from school and their parent/carer fails to co-operate with the Education Welfare Officer to improve this situation.

If a pupil has unauthorised absence from school and this does not improve following a warning letter.

What are the Penalties?

If a Fixed Penalty Notice is issued the penalty is £60 when the payment is made within 21 days and £120 when the payment is made after 21 days but prior to 28 days. Failure to pay within 28 days will result in a summons to appear before the Magistrates Court on the grounds that you have failed to secure your child’s regular attendance at school.

Why has the government introduced this legislation?

The message of this new legislation is that it is really very important that every child attends school for as many of the 380 half day sessions of the school year as possible. It is the responsibility of parents to ensure that their children do not take unnecessary time off school.

What must I do?

You should get in touch with the Education Welfare Officer as soon as possible, to discuss the reason for your child’s absence from school. This will avoid the risk of a Fixed Penalty Notice be

pmlindyloo

These are the new regulations which were brought in September 2013.

http://www.education.gov.uk/schools/pupilsupport/behaviour/attendance/a00223868/regulations-amendments

peachyprice

FBaby wrote: »

I've never heard of the 90% attendance nor 5 previous days however, I picked up from the information letter we received last term that there was an element of discretion from the head teachers.

That info should be published on your LEA website somewhere as a 'Code of Conduct' or 'Guidance Notes'. My LEA specifically says 10 sessions.

Penalty Notices for term time holidays can be issued if there have been at least 10 consecutive sessions of unauthorised absence due to a holiday.

This information hasn't been given out by any of my schools at all, I think they're trying to keep it quiet and it does dilute the threat of a penalty somewhat. I'm sure they're quite happy for parents to believe they can be fined for just a day or two.

Others who have managed to find the info on their LEA's websites have said the same. OP is the first I've heard of to have an LEA stating they will issue a penalty after just 3 days.

FBaby wrote: »

I understand only parents with parental responsibility can be fine. Neither he, nor my kids's dad have parental responsibility, so expect only I to be fined if it happens.

Depends on your LEA, mine do not restrict fine to only those with PR

All those defined as a parent under Section 576 Education Act 1996 are parents for the purpose of these provisions. This means that all natural parents, whether they are married or not; any person who, although not a natural parent, has parental responsibility (as defined in the Children Act 1989) for a child or young person; and any person who, although not a natural parent, has care of a child or young person. Having care of a child or young person means that a person with whom the child lives and who looks after the child, irrespective of what their relationship is with the child, is considered to be a parent in education law

Maybe we should have a sticky with the Code of Conduct/Guidance Notes for each LEA that we can find.

DevilsAdvocate1

Nicki wrote: »

Why? It's not part of a teacher's or a school's job description to provide childcare for your children. That's your responsibility I am afraid. If schools are shut for whatever reason be it weather industrial action or bubonic plague it's down to you to pay for your own little darlings childcare or look after them yourself.

Yeah, but the school's can have it both ways. If the parents want to take their child out for a day they are told that they must accept that they are damaging their child's education. But if the teachers decide to strike for a day rather than teach, well that's okay?

balletshoes

DevilsAdvocate1 wrote: »

Yeah, but the school's can have it both ways. If the parents want to take their child out for a day they are told that they must accept that they are damaging their child's education. But if the teachers decide to strike for a day rather than teach, well that's okay?

but its not the school's decision any more about whether a parent will be fined for taking their child out on holiday - its the LA.

barbarawright

balletshoes wrote: »

but its not the school's decision any more about whether a parent will be fined for taking their child out on holiday - its the LA.

Half the schools in the country aren't under the control of a local authority

alwaysonthego_2

Could someone PM me if they want to put some info together and we can start a new thread and make it a sticky

The LEAS go by the Education Act which defines the term parent more loosely than the Children Act 1989.

My DH, who is the SD of my children got fined