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Original poster

Legal position re taking a term off

75 replies

amidaiwish · 26/04/2011 10:10

hi, dh has been asked to go to the US for 6 months from 1st July.
DD1 is in yr2, DD2 is in reception.
i am due to see the headteacher later today to ask her to hold their places, we will be back for Christmas, so effectively they will be missing the last couple of weeks of summer term and the whole of the Christmas term.

I intend to home-school them while we are away, DD2 wouldn't be eligible to go to school in the US yet and for one term I think it would be quite disruptive for DD1 (i may change my mind on this... or get them a tutor)

Does anyone know the legal position on this? Will the headteacher be forced to free up the space and take someone off the waiting list? Am I allowed to take them out of school?

TIA

OP posts:

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saggarmakersbottomknocker · 27/04/2011 19:02

Yes - that's what I mean't mrz - the 1995 Act is revoked by the 2006 and although it doesn't specifically mention extended holiday abroad it does still have the exceptional circumstances clause.

Problem is the lack of guidance re exceptional circumstance.

Original poster

amidaiwish · 27/04/2011 19:22

thanks mrz

OP posts:

candleshoe · 27/04/2011 19:34

...and yet at our school we have to hold open two places for a traveller family who only come for 6 weeks every summer term!

Panelmember · 27/04/2011 20:45

MRZ - That was the gist of the Governors' Guide to the Law, which I posted a link to yesterday. Our LEA has pulled the decision-making on authorised absence back from schools and all decisions are now (unless things have changed again recently) being taken at LEA level. I assumed this was happening across the country. That was why I was doubtful that the HT could make any promises about authorised absence or about holding the places.

Anyway, it sounds like a fantastic trip and I hope OP and her family get a lot from it.

Saracen · 28/04/2011 03:45

"...and yet at our school we have to hold open two places for a traveller family who only come for 6 weeks every summer term!"

There is separate specific guidance regarding travellers and seasonal migrants, who could otherwise end up missing out on the opportunity to attend school regularly. It is entirely right that the places are kept for this family.

Family holidays are not considered to be in the same category.

sunnydelight · 28/04/2011 04:50

Our local school kept places for two children (Y1 and Y4 on leaving) for almost a year as their dad has a "once in a lifetime" opportunity to work in Oz for a year - they had to be physically at school on "headcount day" which was some time in January (the day funding is based on) and back before the same the following year. That was Jan 06/07 though and it sounds as though the law has changed since.

RustyBear · 28/04/2011 06:11

The OP would probably not have found the head so accommodating if they had planned to be away in January - as sunnydelight says, the 'headcount day' otherwise known as School Census is what the amount of funding per pupil is based on, and if a child isn't on roll that day, the school gets no money for them.

We had a child whose family were planning to emigrate. He left at the end of the Christmas term, but the move fell through and they returned after about a month. He only missed a couple of weeks of school but returned a few days after the School Census and the school got no money at all for him that year.

JustCallMeGrouchy · 28/04/2011 06:26

do It

We have leave of absence for month next year already sumitted and approved .If i could have afforded it would had longer .Dc will be y5 and y3 when we go

mrz · 28/04/2011 06:44

The funding is based on the number of children on role on the census day and not on the number of children actually in school that day (although this figure is part of the census) or schools wouldn't get funding for those children who are ill at that time either.

StealthyKissBeartrayal · 28/04/2011 06:48

Can you find out what traveller families do - maybe subsidary registration at that school? (Not sure how that would work when there is no main registration)

After all, they must be in similar positions

StealthyKissBeartrayal · 28/04/2011 06:49

Sorry just noticed traveller families are mentioned below, and this can't be classed the same

mrz · 28/04/2011 07:02

If the children are given extended leave of absence under "exceptional circumstances" and working abroad probably qualifies as an exceptional circumstance.

RustyBear · 28/04/2011 07:20

I know the census is based on the number of children on roll, but it would depend on whether the LA/DfE allowed the head to count the absence as extended leave, especially if they were being educated in another school, even if that school was in another country.
Also I'm not sure if the system would let you include data for a child who had been marked as absent for the whole of the previous term - it seems to have a hissy fit for such minor inconsistencies that take hours to trace, I should think that one would give it a nervous breakdown!

mrz · 28/04/2011 08:16

The legislation suggests it's at the head's discretion whether extended leave is granted.

Ishani · 28/04/2011 08:24

If I was on that waiting list and found out you weren't at the school, i'd be knocking the heads door every day until she gave me your place.

RustyBear · 28/04/2011 09:32

There are a few things that are at the head's discretion that the LA have a 'policy' on.....

mrz · 28/04/2011 12:59

Schools will ensure that parents are provided with a complete calendar of term time and
holiday dates. Under Regulation 12 of the Education (Schools and Further Education)
Regulations 1981, schools have a discretionary power to grant leave for the purpose of an annual family holiday or an annual holiday during term time. Such permission is granted only in accordance with arrangements made by the governing body of the school. Only in exceptional circumstances may the amount of leave granted exceed (in total) more than two weeks in any year. Parents cannot demand leave of absence for the purposes of holidays as
of right, and are asked to seriously consider the educational implications for their children before making applications. Parents should submit a request for leave during term time to the Head Teacher of their child?s school.

According to my LA the school has the final say ...

and that seems to be the situation in a number of LAs from policies available from a quick search on line

Original poster

amidaiwish · 30/01/2012 17:32

Just to follow up on this,
we went in August
had a great time
came back in jan in time for the start of term
kids slotted straight back into their classes, the head kept their place :-)
all very happy.

OP posts:

Original poster

amidaiwish · 30/01/2012 17:32

oh and i do know we were very lucky, and i do appreciate it.

OP posts:

Ghoulwithadragontattoo · 30/01/2012 18:05

That's great - how did HT keep the place open? Did she decide she had discretion is exceptional circumstances? Good news that the children have fitted back in nicely at school.

Original poster

amidaiwish · 03/02/2012 13:41

I am not sure, i think she just kept it quiet... she did say to me she would do her best but couldn't guarantee anything.

OP posts:

Original poster

amidaiwish · 03/02/2012 13:52

apparently the kids were marked as "educated offsite"
maybe they classified us in the same manner they would if we were travellers? no idea...

i was in touch with their teachers whilst we were away, kept them up to speed on homework, topics etc. They don't seem to have suffered academically at all infact i picked up on huge gaps in DD2's basic maths and did what i could to fill them.

OP posts:

RiversideMum · 05/02/2012 08:03

I agree that it would be almost impossible for your places to be "saved" whatever the HT says. Even if there is no waiting list currently, there is likely to be some movement over the summer holidays. The LA is in charge of allocating places, not the school. The HT can't just call you so you can have your places back, you will need to reapply through the LA. If the other person who wants the place lives closer or falls into any other priority category, they will be given the place, not you.

That's not to say don't go - but if you go, have a contingency for when you get back. Whereabouts in the US is the job? 6 months in the golden state, I'd say yes ...

RiversideMum · 05/02/2012 08:04

OH - I've commented on an ancient thread! Glad it all worked out!

Sparklingbrook · 05/02/2012 08:16

That was great to read the whole thread and know the outcome. Bit like 'Legal position re taking a term off' Revisited. I love a happy ending. Well done!

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