To be scared about unauthorised absence?

[lakeful]

We currently live abroad but will be moving back to England in the next year, have two DCs who are in primary school. I sometimes have to do foreign travel with my job my DH (who is self-employed and very flexible) and DCs have occasionally come with me. I'm talking a period of maybe 4 weeks in total over the past two years. Where we live now, schools do encourage attendance but things are more relaxed than in England and there has not been any problem with me taking them out of school. I have been reading up on the English system and am a bit alarmed! Would I really have to get a Head Teacher's permission to take my own children abroad? Would I really be fined if I did this without their "authorisation"? And is it possible that they authorise children to miss school for reasons such as mine?

Hold yer horses LadyEdith OP didn't say they had a problem with other families taking their children out of school (for an all inclusive or otherwise).

But pretty interpreting the law differently IS a change to the rules on practical terms, otherwise why choose to do it?

The implication in op's post yesterday at 21.29 was clear enough.

If you put your child in a state school then those rules will apply. It's amazing how many people think they should be able to do what they like and rules shouldn't apply to them when it doesn't suit them and then try and justify it under of the banner of travel being educational . If teachers say it's disruptive and causes more work for them then who are parents to gainsay them ? What possible reason would teachers have for saying that if it weren't true ?

I havent seen any kind of factual information on why these rules have been made but I wonder if it's partly because so many people were taking DC out that it was becoming ridiculous and this kind of ruling wasn't needed in "the 80s" as many posters have referred to because cheap flights and holidays were not so available

coming and LadyEdith private schools come under the same law on this matter so sending children to private school shouldn't make any difference under the current interpretations of the law they should get fined in state or private.

And no coming, not all teachers agree that it causes more work, I'm a (very recent) ex teacher and a trip abroad can enrich the learning of the child and the others in the class. We are constantly differentiating anyway so it really doesn't make a huge amount of difference as there are huge variations in understanding of a particular topic across a class.

And yep LadyEdith I can see how you inferred that but private school won't help.

Genuine question, does anyone know, how do the fines get spent?

Ooh ooh stickshandup me miss me I know

They use the money from fines to run the system which fines you!
True fact.

The law (Section 444 of the Education Act) says:

(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.

Doesn't distinguish between state and private.

Which law are you looking at that makes it clear?

I agree that I've never heard of it happening in practice which isn't right as the law should be applied fairly.

Independent schools have to follow the same code.

However the ISI (independent schools inspectorate) is nothing like the dementors in ofsted.

Found it Tiggy: www.gov.uk/government/uploads/system/uploads/attachment_data/file/361008/Advice_on_school_attendance_sept_2014.pdf

Front page says: Departmental advice for maintained schools, academies, independent schools and local authorities

But pretty interpreting the law differently IS a change to the rules on practical terms, otherwise why choose to do it?

Because parents (not all parents, but some) had chosen to interpret it in a different way to HTs, resulting in abuse of the system and, in some cases, abuse of teachers.

The law is clear - children have to attend school regularly (and yes, that does include privately educated DCs).

The term regularly is soon to be clarified in The High Court - courtesy of Jon Platt whose prosecution by the LA was not upheld in magistrates court, a decision which is being legally challenged by the LA.

The confusion over private schools is because the LA has two roles in relation to this legislation - it advises LA maintained schools regarding their attendance policies AND it also has a statutory responsibility to ensure all DCs are being educated. In many LAs the boundaries have been blurred between the two roles - but, the latter responsibility applies to all DCs at any education establishment.

It's true they don't fine, however.

Oh, and of course, the LA can't delegate responsibility for fining to private schools - whereas it can, and has, delegated that responsibility to HTs of LA school who can issue fines on behalf of the LA.

But, parents who fail to ensure their DCs don't attend the private school at which they are registered can, and are, fined by the LA.

LAs are barely going to exist quite soon.

Well that's bloody crap. The law should be be applied fairly. The law doesn't distinguish even if the guidance does. Law trumps guidance.

Well the law declares that state schools have to have 39 weeks of teaching.

When I was at school (independent) we had 8 weeks in the summer, 4 weeks at Christmas, 4 weeks at Easter, and 10 day half terms, with long weekends as well. About 20 weeks of holiday. State schools have 13 weeks.

jelly the law is applied fairly.

The Government has issued legislation about the education that it is responsible to delivering, via LAs, which states that LA schools cannot authorise absence unless in exceptional circumstances.

That is the equivalent to the "rules" issued to the HTs of private schools regarding whether to authorise absence of pupils.

Where the boundaries are blurred is that the LAs can, and do, delegate responsibility for issuing fines to HTs of maintained schools. So, not only are the HTs of maintained schools unable to authorise absence ( because of government legislation about the schools they are responsible for) they are also expected to issue fines on behalf of the LA.

In contrast, private schools are able to authorise the abscence - and can't issue fines.

But - that does not mean that the LA cannot fine/prosecute a parent of a pupil at a private school if their attendance (authorised by the HT or not) was deemed "irregular".

Sorry, I wasn't clear. The rule to private school HTs are issued by the board/trust of the school, not the government.