School Holiday Fines

McrRed

I worked in a large LEA in the north-west in the noughties. There was a lot of concern from headteachers over extended holidays taken by many families and the possible effects on pupil achievement (extended = >2 weeks - 3months). We commissioned some research to look into actual achievement levels (thinking there would be a slight hit on achievement levels).

Looking at a few hundred families, there was no obvious effect.
Obviously, some children would underachieve, regardless of their absence. In some cases achievement levels went up...the advice was that where children took work with them, did projects on the destination country and where parents were willing partners in their ongoing education whilst away (eg discussing pre-planned topics, talking about exchange rates etc etc) then the absence could be positive.

This was all before the rules/law changed to become what it is now.

bertkuok

On what basis will you make your small claim? You agreed to make the payment so that no further action would be taken against you. You didn't have to pay it. The Isle of Wight case was in the magistrates court. It holds no weight of precident whatsoever. You wont get your money back.

bertkuok

johnphastie wrote: »

Whether it is or isn't right to take your child on holiday, during term time, I think we are missing the point.
Why are holiday firms allowed to charge ridiculous amounts, during holiday time ?

It's called supply and demand. The whole of Europe wants a holiday in August, why on earth would you expect the holiday companies to make it cheaper at the point of maximum demand?

bertkuok

denerobt wrote: »

Ok here goes.....

It is possible to take your child out of school for as long as you like and have them return to school whenever you please......on 1 condition.

If your school is NOT oversubscribed, then inform the headteacher that you wish to home tutor your child for a period of time. This only works if the school is NOT over subscribed as they have a duty to accept your child back. The laws on home education are so flexible as to be nearly non-existent. There is nothing in the current guidlines about a minimum length of time for home tutoring. you can say your going to home study your child then change your mind.
There's nothing saying you have to follow any curriculam whatsoever. Someone from the LEA may visit....unlikely but they MAY.

You can inform your school you wish to home tutor your child 2 weeks before the summer holidays and then inform them your child wishes to return to normal schooling.

I've looked into this at length after I made a flippant remark about taking our lads out of school for a much cheaper holiday. That then got me thinking and reading.

If you find any writtings in the legislation then I'm happy to be corrected. Good luck.

So you are willing to risk your children having to move to another school just to you can have a holiday? Incredible...

Butlerbaby

Can anybody tell me do the local authority have a time limit on when they have to send the fines out for unauthorised absence from school ?

Thanks
X

Jojo26

QUOTE=Tiggifarfar.;69461888]Booked a two week hol to Australia in Jan, son (13) hubby & I. Sis in law lives there & not seen for 13 years. been thinking about it for years & finally took the plunge, fully expecting to recieve the fine. The timing is right because; year 8 is not a crucial exam year, sis-in-law is a teacher & January is their summer holidays. I'm not saving money by taking him out of school in fact it's quite an expensive time to fly. So I submitted the holiday form & received a call from the head of year, bit of a lecture about how they don't authorise any absence ra ra ra & then she said BUT we consider this to be educational & his attendance always been 100% so as long as son takes a scrapbook & records his time over there, a bit like a diary & presents it to the class, this will be considered 'homework' and actually authorised! and in fact they were really happy for him to be going.


I want to take my girls to India, ok it is 15 school days but my girls are high achievers both have had 100% attendance plus the trip is educational, not till November offered for them to have work to take with them, plus my eldest is doing photography which I stated what a perfect place for her to take amazing pictures, we are also going with my brother and his wife so planned as a family trip. Also my mum passed away over 30 years ago and this was the last time I went so it is going to be quite hard being there without her. School want to fine us, told us we can have 6 days authorised which is ridiculous as takes over a day to get there. Also the fine doesn't reflect the authorised days do you might as well say all unauthorised. Where do you live ?

susancs

Jojo26 wrote: »

I want to take my girls to India, ok it is 15 school days but my girls are high achievers both have had 100% attendance plus the trip is educational, not till November offered for them to have work to take with them, plus my eldest is doing photography which I stated what a perfect place for her to take amazing pictures, we are also going with my brother and his wife so planned as a family trip. Also my mum passed away over 30 years ago and this was the last time I went so it is going to be quite hard being there without her. School want to fine us, told us we can have 6 days authorised which is ridiculous as takes over a day to get there. Also the fine doesn't reflect the authorised days do you might as well say all unauthorised. Where do you live ?

A group of sixth formers from DD's school go to India every year to visit the village outside of Calcutta that the school sponsors and they do the whole trip in 12 days, including the half term in Feb, so they only need 5 days during school term time authorised, so maybe this is the norm in schools in other areas for educational trips to India. They often take A level students who are doing photography.

Spell100

Three legal points relevant to this discussion:

1. The 1996 Education Act does not require parents to send their children to school. I think it's important to be clear that schooling is NOT compulsory in the UK and never has been. That's why there are over 100,000 children being home-educated in this country.

Clause 7 of the Act states:

"The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable—

(a)to his age, ability and aptitude, and

(b)to any special educational needs he may have,

either by regular attendance at school or otherwise. "

The key words are "OR OTHERWISE". For more information on home-schooling the website "Education Otherwise" has lots of information and a good legal section.

2. Children are only required to attend school in the UK if they are "registered" with a state school. They are not legally required to be registered and can unregister at any time. Only if a child is registered can the parents be prosecuted for truancy or fined for unauthorised absence.

Clause 444 of the Education Act 1996:

"Offence: failure to secure regular attendance at school of registered pupil.

(1)If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school, his parent is guilty of an offence."

The parent can unregister the child before taking them on holiday and re-register them on return. They then cannot be prosecuted because the child is not a "registered pupil". Parents do not need to give a reason for unregistering their child from school and do not need anyone's permission.

But will the school agree to take the child back after the absence?

3. A "registered pupil" does not need to attend school regularly and no offence has been committed if the school is not within "walking distance" of their home and the child has not been offered a place at a school within walking distance.

Education Act 1996. Clause 444, Subsection 4:

"(4)The child shall not be taken to have failed to attend regularly at the school if the parent proves—

(a)that the school at which the child is a registered pupil is not within walking distance of the child’s home, and

(b)that no suitable arrangements have been made by the local education authority F2. . . for any of the following—

(i)his transport to and from the school,

(ii)boarding accommodation for him at or near the school, or

(iii)enabling him to become a registered pupil at a school nearer to his home."

But what is walking distance? It depends on the age of the child.

"(5)In subsection (4) “walking distance”—

(a)in relation to a child who is under the age of eight, means 3.218688 kilometres (two miles), and

(b)in relation to a child who has attained the age of eight, means 4.828032 kilometres (three miles),

in each case measured by the nearest available route."

So, if you would like to take your child on holiday, make sure that you live at least 3 miles from their school and have not been offered a school closer to home. Of course, if you live that far away your child may not be offered a place at that school

Finally, a personal opinion on this subject.

IMHO, the idea that taking a child out of school for 1 or 2 weeks will affect their long-term prospects is completely ridiculous. The number of children in the UK that go to school "regularly" for 12 YEARS and come out with nothing or next to nothing or less than 5 good GCSE's is appalling and makes one wonder what exactly they have been doing in school for 12 years. Many of them turn up at FE College, aged 16, semi-literate and semi-numerate.

Mrs_Optimist

My 14 year old Son has been granted a week off next week for us to go on holiday.

Mitigating factors;

1. He has 100% attendance record - every year.
2. We are attending a family wedding.
3. His terminally ill grandfather is coming with us and it is likely to be his last holiday
4. He is bright as a button so will have no problem in catching up.

Have to say though that we normally holiday in the school holidays, never term time.

On this occasion the Head Teacher has used his judgement sensibly.

susancs

Mrs_Optimist wrote: »

My 14 year old Son has been granted a week off next week for us to go on holiday.

Mitigating factors;

1. He has 100% attendance record - every year.
2. We are attending a family wedding.
3. His terminally ill grandfather is coming with us and it is likely to be his last holiday
4. He is bright as a button so will have no problem in catching up.

Have to say though that we normally holiday in the school holidays, never term time.


On this occasion the Head Teacher has used his judgement sensibly.

I hope that you have a lovely time at the wedding and have lots of lovely memories of happy times with his Grandad to cherish.