Parents planning on taking their children abroad during school term-time need to rethink their holiday plans after a Supreme Court decision has ruled against the practice.
The court has upheld an appeal by the Isle of Wight council and the Department for Education, reversing a former ruling that a father had not acted unlawfully by taking his daughter to Florida during school term-time.
The landmark decision has major implications for all parents and children, although the legal picture still remains unclear. Family law expert Katharine Marshall explains the issues.
The case
Mr Platt took his daughter on a trip to Florida in April 2015, despite being refused permission from the school for seven days of absence.
Mr Platt was prosecuted under the Education Act, which says parents must ensure their child attends regularly at school. While the law does not set out a period of time, the Department for Education’s metric for persistent truancy is 90 per cent or lower.
The definition of ‘regular’ school attendance was pivotal to the case, with Mr Platt evidencing his daughter has never recorded lower than 93 per cent attendance.
Due to this strong overall attendance record, when the Isle of Wight council prosecuted him under the Education Act over his refusal to pay a £120 fine, local magistrates and two High Court judges found that Mr Platt had not acted unlawfully.
Although Mr Platt was originally acquitted of the Education Act offence, the landmark Supreme Court ruling now means he did act unlawfully, as it was decided that it is still up to schools to decide the balance between attendance and absences, rather than parents.
The court said excusing some children from school to go on holiday would be unfair to other parents who do keep to the rules.
Where the law currently lies
Currently, it is at the discretion of schools to decide whether to allow children to have time away from school. This will usually only be granted in exceptional circumstances, such as visiting a seriously ill family member, attending a close family member’s funeral, and greeting a parent in the armed forces who returns from operational duty.
It remains likely that a child’s attendance record will be one of the determining factors in whether or not a head teacher grants permission.
While the Department for Education indicated that it is unlikely that once in a lifetime experiences, such as major family holidays, can be classed as exceptional circumstances, head teachers were once able to grant up to a fortnight’s absence in term-time each academic year for pupils with good attendance records.
But new rules, which were introduced in 2013, mean that parents who take their children on unauthorised term-time holidays can now be fined.
Why take term time holidays?
The case raises questions about the feasibility of holidays during school breaks, with sky-rocketing prices pricing many families out of holidays altogether.
Many parents who take their children on annual holidays during term-time do so because they cannot afford these substantial price increases charged by travel operators during school holidays.
The original decision, acquitting Mr Platt of any wrongdoing, spurred a surge in term-time holiday bookings across England, but while the letter of law remains unchanged, it remains to be seen whether parents will be prosecuted for doing so.
If you are planning on taking your child out of school to go on holiday, then it is vital that you seek legal advice immediately.
For further advice on any family law matter, call Katharine Marshall on 0161 761 4611, or email her at katharine.marshall@whnsolicitors.co.uk
