father wins high court case against £60 fine for taking his DD out of school

[var123]

I couldn't see this anywhere else, so apologies if there is another thread.

The news this afternoon is that a father who took his DD out of school to go to Disney World in Florida has won a case against his LEA and school who tried to fine him for it.

I think this will change things, especially as flights are so expensive this summer in particular.

[apple1992]

The father mentioned could afford to holiday in the school holidays. I hardly think he is a typical 'offender'

[LineyReborn]

The father tested the law.

[apple1992]

Just seen on TES:

A source from the Department for Education (DfE) told TES: “We will look at the judgment in detail, but are clear that children's attendance at school is non-negotiable so we will now look to change the law.”

[exLtEveDallas]

I think all this guy has done is make it harder for everyone else.

He's not struggling for money - he could have afforded to go to Disneyworld during the holidays. Same with the Majorca holiday. He could more than afford the £60 fine. He crowdfunded the legal costs (what did he do with the money he didn't spend?) so was able to bring his challenge thanks to the pockets of the people he's going to shit on.

The DFE isn't going to let this one lie; worst case scenario will be making truanting your child from school a criminal offence - is that really what we want? A criminal record for going on hols?

As it stands the people hit the hardest by these fines are those that scrabble together for Sun holidays, camping long weekends, cheap and cheerful getaways. Not bloody trips to Disneyworld or 2 foreign holidays a year.

Right now you need to be off for 5 days in a row to be fined - that's going to change as the loopholes are tightened and laws changed. Thanks to him.

I wouldn't start celebrating yet.

[apple1992]

As it stands the people hit the hardest by these fines are those that scrabble together for Sun holidays, camping long weekends, cheap and cheerful getaways. Not bloody trips to Disneyworld or 2 foreign holidays a year.
Agree!

[jellyfrizz]

If you read the debates it is clear that parliament DID intend the law to work that way. The way the High Court has interpreted it today is contrary to parliament's intention.

So why didn't they write ensure your child attends every session" instead of ensure your child attends regularly?

[ProfessorPreciseaBug]

People complain about the cost of flights etc going up during school holidays... Yet it is the same everywhere. The price of a ski apartment booked direct via the local agent doubles for the week of local half term hols regardless of UK holidays.

[TimeforaNNChange]

He crowdfunded the legal costs (what did he do with the money he didn't spend?)

Given that his DD missed school for another term time holiday this year, which he was enjoying while people were donating to the Crowdfund, I think it's clear where his priorities lay.

[jellyfrizz]

He crowdfunded the legal costs (what did he do with the money he didn't spend?)

He donated it to the NSPCC actually

[TimeforaNNChange]

Why Crowdfund at all? Why not sacrifice a holiday in order to pay for legal action his actions led to?

[coffeeisnectar]

He said on the news that his DD had 93 percent attendance before the holidays which he thought was evidence of continued attendance at school. Not according my DD's school, it's not!

Only 95 percent and higher is deemed to be good attendance and if his DD has missed four weeks of school over a year that's a huge amount of time off.

I don't think you could argue that most of the holidays that people take in term time are 'educational' either. That's what is always trotted out. Learning about other cultures, money, food etc. 9 times out of 10 the holiday is on a resort somewhere and they never leave it and spend the holiday in the pool.

I think that the old system where the HT had the authority to say yes or no was abused by some parents. I know of a few families who took their kids out nearly every term for a week or two and over several years that's an awful lot of schooling missed. Add on time off ill or medical appointments and it hits their attendance figures hard.

Ultimately it's been down to some parents taking the piss and now this ruling is only going to completely stop any non-authorised absenteeism.

It's a shame because there are some cases where it's been the holiday of a lifetime, a trip to Australia for example or a wedding abroad or one parent having been very ill and it being a chance to regroup as a family. All that's going to be lost.

[jellyfrizz]

Why Crowdfund at all? Why not sacrifice a holiday in order to pay for legal action his actions led to?

Because there were lots of people who agreed with him and wanted to support him in his actions.

What is the point of fines?

Only persistent absence has a significant effect on achievement.

Fines do not reduce absence, overall absence has gone UP since they were introduced.

[jellyfrizz]

It's a shame because there are some cases where it's been the holiday of a lifetime, a trip to Australia for example or a wedding abroad or one parent having been very ill and it being a chance to regroup as a family. All that's going to be lost.

What? How is it going to be lost? Even if they change the law either it will be authorised or they get a fine, like now.

[TimeforaNNChange]

Because there were lots of people who agreed with him and wanted to support him in his actions.

That would make sense if someone else had set up the crowd fund on his behalf. But he set it up himself within days of being told the LA had appealed, the public started making donations towards it, and then he decides to book another holiday?
I realise everyone is entitled to donate to whatever cause they believe in, but it does strike me that he wanted to make a point, while at the same time, not being willing to make any sacrifices to his very comfortable lifestyle himself.

[jellyfrizz]

But everyone donating wanted to make the point too, without having to go through the stress of the court case, media attention and abuse from ransoms on the Internet.

[jellyfrizz]

*randoms

[var123]

I thought he said it was 93% including the holidays, not before??
She was only Y2. What catching up is there as everyone works at their own pace anyway.

[Woodhill]

I'm glad he won. Why can't parents make their own decisions to some extent about their Dcs education and the HT have some leeway to authorise absence.

In primary school does it matter in the grand scheme of things. Bring back the 10 day thing.

Btw I have never take Dc out in term time.

[SocialDisaster]

The DfE are not happy. Expect things to be worse.

[coffeeisnectar]

jelly because the Dfe will change the rules now. Guaranteed. It won't be a case of 'discretion' or 'exceptional circumstance' anymore.

It will likely be tied to attendance over more than one year (to stop parents taking their kids away in the first term of the school year) and likely to increase fines considerably. It may also come with a criminal conviction if they decide to really get draconian.

If you have a child that has a disability or life limiting illness then finding time for a family holiday can be hard, as can finding the money. Unfortunately that means that they may also have extremely low attendance at school due to endless hospital appointments and admissions. So the chances of those families actually getting time together, away as a family will be shot to pieces.

My friends DD has cystic fibrosis. She's 14. She STILL gets letters demanding to know why her DD's attendance is low or why she has been off school for the best part of a month in the winter. She's bloody sick of having to deal with it. She also had to battle the school over her dd's food intake as her DD needs a very high fat, high calorific meal three times a day as CF means she finds it hard to retain weight. So while the school is banging on about healthy eating she's having to send her in with things like a mars bar in her lunch box because she needs that boost midday.

I think looking back that it's the small minority of parents who have forced schools to take these steps with healthy eating and taking time off. It's the same parents every time who abuse the system as it is and it's those parents who have fucked it up for everyone else.

Watch this space. It's only going to get worse and while so many families need both parents working just to survive, home education is not going to be the option many wish they could take.

[Woodhill]

I don't think it is about education, more about control

[ThisCakeFilledIsle]

But it is not the parents who have caused this. It is an inflexible system that refuses to allow professional discretion.

[turnipturnip]

I hope if its ok for children then the same logic applies to the teachers too as they have the same holiday constraints.