Term-time absences banned by Gove? Have you heard anything?

[FantasticDay]

Just that really. A colleagues had heard that all schools had received a letter from the Education Minister saying that term-time absences were not to be authorised. I wondered if any of school staff on here could confirm /deny? Cheers.

[rabbitstew]

On that basis, you might be able to get away with more than 10 days holiday, provided you tell the school absolutely nothing about why your child is not in school (ie do not seek any form of authorisation) - it looks like you could have up to 20 days off, then, before they can delete your child from the admissions register! Whoopee!...

[saintlyjimjams]

I couldn't just take my son out because he needs permission from the head teacher for his performance licence. If these measures are as draconian as some are suggesting then performing in West End shows & tours & presumably films/TV will only be possible for those attending private schools. If that's the case it would appear politicians have a very narrow view of what can be defined as education. Lets hope common sense prevails & schools don't end up penalised for students taking part in valuable extra curricular activities that occasionally require a few hours off school. I know ds1's school are currently very keen for him to do this sort of activity but I can see that changing if they end up penalised.

[morethanpotatoprints]

I think dc missing the odd afternoon to do extra curricular activities is considered as educated off site, not unauthorised absence. It was up until last year with my dd. She had a lot of time off school due to performances.
The law states that it is the responsibility of the parent to educate their children be that at school or otherwise. So if you outsource the education of your dc to a school, you are expected to comply with their procedures and policies.

[rabbitstew]

What the law states changes on 1 September.

I would have thought most HTs would be able to say that time out for a West End performance was an "exceptional circumstance," though....?...

[rabbitstew]

I couldn't help noticing that the 2006 regulations on authorised absences seem only to apply to maintained schools and non-maintained special schools (see s7(5) which I don't think has been amended by any subsequent regulations?)? Does this mean they don't apply to free schools and academy schools????

[rabbitstew]

Is prh47bridge really correct that LAs have to collect fines handed out by free schools and academy schools??? Can a free school fine parents for disobeying a regulation that doesn't apply to free schools and academy schools????

[BoffinMum]

What happens if the parents' work takes them overseas temporarily, say for a couple of weeks or so at a time, and they haven't got anyone they can leave their school aged children with for that long, so the kids have to come too?

I ask because my work contract actually says they can send me overseas for up to a month at a time. Now this is pretty rare that this is done but now and then I do actually have to decamp en famille with any kids I can't palm off, in order to do my job. What happens then?

[rabbitstew]

You hope your children go to a school with a headteacher who exercises their discretion reasonably, rather than deleting your children from the admissions register, asking the LA to slap a huge fine on you and getting social services involved to prevent you taking the children out of the country?...

[rabbitstew]

Maybe free schools and academy schools can invent their own reasons for what qualifies as an authorised absence and what will be unauthorised????? Then use the LA to collect the fines they hand out?

So many different rules for so many different schools...

[BoffinMum]

I don't think the law is strong enough to stand up in such instances.

1. There is no law saying I can't take my children overseas in term time, so social services have no grounds for involvement. They could perhaps make some sort of argument about whether children were receiving education, but if they were temporarily in school elsewhere, or being tutored, then it would be hard for this to stick, especially if we are talking about absences of up to a month.
   
2. If I were to stand up in court and argue the toss, can you imagine a judge deciding I should give up my livelihood on such grounds? Doubt it.
   
3. In terms of being deleted from the admissions register, would the local authority really be happy to keep attempting to re-admit my children to their school or be faces with the costs of taxi-ing them elsewhere, on a repeated basis? Again, doubt it.
   
4. Ultimately traveller children's parents aren't fined anyway, nor are those who work in the show ground industry and so on. So there are precedents for being absent on account of parental work responsibilities.
   

I can't imagine any head teacher would ever bother harrassing a parent in such an instance, do you?

[rabbitstew]

Since the government has expressed its desire for all schools to become academies (or be free schools), it is VERY hard to believe that they aren't deliberately creating really rigid, petty rules for maintained schools so as to provide that little extra shove in the required direction.

[BoffinMum]

Having typed all that out, I think there needs to be an explicit blanket exemption from fines for children absent on account of their parents' work responsibilities if this involves travel, etc.

[rabbitstew]

Traveller children have a special carve out for them in the legislation. As for what would actually be done, I would certainly hope the reality would not be so petty and wasteful of taxpayers' money, but apparently some LAs are handing out penalty notices like sweets, if prh47bridge is to be believed...

[rabbitstew]

Or so I'm told, re traveller children... someone on this thread mentioned it.

[DameSaggarmakersbottomknocker]

You make an interesting point about academies rabbitstew.

I believe they are still considered maintained schools as they receive the same funding but from central rather than local government so their statutory responsibility under the legislation is the same. They have to notify their local authority if a pupil is absent continuously without authorisation for ten school days as it remains the LA's responsibility to ensure children are being educated either in school or otherwise. Often they will buy in the LA's Education Welfare Service and hence the LA collect fines on their behalf.

Free schools are a different kettle of fish altogether

[rabbitstew]

So what is the official definition of a "maintained" school, then, because even the Department for Education seems to art and fart about with regard to the meaning of "maintained" school - often using it as a term to differentiate a LA controlled school from an academy or free school? Is there legislation on this somewhere??

[DameSaggarmakersbottomknocker]

A maintained school is one maintained by public funds.

The Dfe says "Academies are publicly-funded independent schools that provide a first-class education" ( that they're so definite about the second part of that!?)

and that "Academies are required to follow the law and guidance on admissions, special educational needs and exclusions as if they were maintained schools."

[rabbitstew]

Doesn't the wording "...as if they were maintained schools" imply that they aren't maintained schools, but are treated as such in particular circumstances?

[saintlyjimjams]

Yep potato prints my understanding was that it was classed as educated off site, but on this thread they are saying heads are no longer allowed to class it in that way (which may become problematic for the school?)

[DameSaggarmakersbottomknocker]

Yes it would seem so - maintained when it comes to the legal stuff (attendance, admissions, SEN) and not when it comes to curriculum, staffing etc.

[prh47bridge]

rabbitstew - The Education (Penalty Notice) Regulations are clear that academies and free schools can issue penalty notices. The Education Act is clear that they can issue penalty notices for unauthorised absence. The regulation on the circumstances in which an absence can be authorised may not apply to them but that does not prevent academies from issuing penalty notices. Indeed, many have done so. And most appear to act as if the regulation regarding leave of absence applies to them. The Penalty Notice regulations are clear that any penalty is payable to the LA. The academy must also comply with the LA's Code of Conduct regarding penalty notices.

[StarlightMcKenzie]

Is there any appeal system for the penalties?

[rabbitstew]

All sounds like a silly mess to me.

[rabbitstew]

Is it clear whether academies count as "maintained schools" for the purposes of defining an "authorised" versus "unauthorised" absence? Or are such schools opening themselves up for complaints that the exercise of their discretion in making decisions on this is too opaque and arbitrary?

[rabbitstew]

I think maybe the latter... they are, after all, "independent" schools.