Any teachers, can you tell help?

[knottyhair]

My DS is currently in Year 5 and after a pretty bad Ofsted inspection last year, has a new Head of School for this academic year. Prior to this change, we applied for a week's holiday during term time stating that this was our only chance of a family holiday due to DP's summer workload. This was authorised and we duly booked the holiday. However, I've now had a letter from the new Head of School saying that there have been "new statutory regulations issued by the Dept for Education" and that they can no longer authorise any term time holidays. He states that although a penalty notice won't be issued, my DS will however have 8 unauthorised sessions on his record. I don't want to have a debate about the rights & wrongs of term time holidays if that's OK, but just wondered a. if new regs have indeed been recently issued and b. is it really fair that a holiday authorised before the change now counts as unauthorised on my son's record?? Thanks.

Yes, new regs came in at the start of term.

Thanks for the reply. But how can it be fair that DS now has unauthorised absences on his record, when the holiday WAS authorised? We wouldn't have booked it if they hadn't. I understand there's been a change in the rules but surely they can't penalise people who had a holiday agreed before the change?

Rookie error - you think the Department of Education thinks things through and cares about fairness.

You will learn.

(it's rubbish, I agree. I think the changes they've made are rubbish too)

HattyJack, so is it down to the Dept of Education to decide to treat an already authorised holiday as unauthorised, not the school itself? Don't want to go in all guns blazing if it's out of their hands!

The new guidance says

"Amendments to the 2006 regulations remove references to family holiday and extended
leave as well as the statutory threshold of ten school days. The amendments make
clear that head teachers may not grant any leave of absence during term time unless
there are exceptional circumstances. Head teachers should determine the number of
school days a child can be away from school if the leave is granted.
Headteachers have the discretion to grant leave, but they should only do so in
exceptional circumstances. If a headteacher grants a leave request, it will be for them to
determine the length of time that the child can be away from school. This leave is
unlikely, however, to be granted for the purposes of a family holiday.
Parents can be fined for taking their child on holiday during term time without consent
from the school."

excuse formatting - it's from a pdf.

Basically the head has discretion, but is discouraged from allowing it. I would think you have a case of having it discretionally approved given that the only reason you booked it was because the previous head had approved it under the guidelines that existed at the time, and that the changes have come in since you booked it. Note that the guidance doesn't say that it cannot be for a holiday, just that it is unlikely to be given for a holiday - but as I say, if you pitch it right you may get away with it being approved.

Authorised holidays in term time are no longer at the discretion of the Headteacher. However, I would ask the school for the relevant department and write, enclosing a copy of any paperwork/email you had from school authorising the holiday, asking them to honour the decision made before the new rules came in.

Sorry Hatty... I should have read your post... it seems I'm wrong!

Thanks for all the replies. I've sent a carefully worded e-mail - fingers crossed!