OK to take children out on holiday in term time if they had attended school regularly

[Sunflower123456]

On the news today, a father won a high court case that it's OK to take his children on holiday in term term, because they had attended school regularly. Apparently he did not break the law, as the wording of the law is unclear.

[shebird]

Good news. Let's hope for a more common sense approach to these ridiculous fines.

[LittleRedSparke]

www.mumsnet.com/Talk/am_i_being_unreasonable/2488318-AIBU-to-tell-you-it-is-not-illegal-to-take-your-child-out-of-school-to-go-on-holiday

[Sunflower123456]

It was on Sky news, and here :

news.sky.com/story/1570866/term-time-holiday-dad-i-was-following-the-law

[tedhis]

His child had attendance below the national- so attending regularly? hmmm

[voddiekeepsmesane]

As tedhis says the child's attendance was fairly below what is nationally acceptable. 94% - 9 days if that was every year over 5 years that amounts to just under half a school year! I don't think people realise the accumulative effect of a " few days here and a few days there"

[voddiekeepsmesane]

Sorry a third not a half

[admission]

This was at a magistrates court. Previous cases have found in favour of the LA, so I would suggest that only when it has been through a couple of layers of appeal and the answer is still the same will it start to have some real meaning.
It is slightly silly that the whole thing revolves around a definition of what is regular, which is lacking in the appropriate law

[prh47bridge]

As Admission says, this was at a magistrates court. They have been known to misinterpret the law. As Admission says, previous cases have found in favour of the LA so it seems this court may have failed to follow the rules of precedent. If the council concerned appeals to the High Court I think they have a decent chance of getting this decision overturned.

[roguedad]

I would not hesitate to take a child out for a one-off opportunity. Gove's attendance tyranny, in removing Heads' discretion about it, is totally out of order. It is not for the government to dictate this, so screw them.

[tabitha8]

I am trying to think of a reason why the LA would want to appeal it.

[admission]

Being provocative, it will depend on how much the LA raise in fines now from this situation, the fact they know that if they are seen to not fine people or take any action that more and more people will take term time holiday and that they do need high attendance at school.
The downside for not appealing it, is if they loose then there will be a stampede to take holidays in term time and they can do nothing about it

[prh47bridge]

Gove's attendance tyranny, in removing Heads' discretion about it

He did not remove Head's discretion. He simply made it easier for them to say no. But it is still up to the Head to decide whether or not there are exceptional circumstances that mean the request should be granted.

[prh47bridge]

I am trying to think of a reason why the LA would want to appeal it

As this was heard by magistrates it doesn't create a precedent. Other parents cannot point to this decision and use it to get off without paying the fine so the LA does not need to get this decision overturned to allow them to continue to issue fines. However, the LA will need to bring future cases to court which may end up in front of the same magistrates so they may want to appeal so that a higher court can explain the law to the magistrates. The publicity associated with this case may also be a reason for the LA to appeal.

[clam]

Depends what you mean by "OK," I suppose. You may not get a fine, but it will still disrupt your child's education.

Your call.

[tabitha8]

I thought head teachers were no longer allowed to authorise term time absences for family holidays? Did Michael Gove change the law to say this or has he merely altered some guidance? Perhaps term-time holidays were always illegal?
Have any head teachers been prosecuted for authorising time off for holidays? (I do hope not).