Cat out of the bag - School Holidays

[Ahmawa]

I posted before on this subject and was reliably informed that my son who turned 5 this term is not statutory required to attend school until the beginning of the January term and that any holidays we take now will not be punished with a fine and that I should just go on holiday and not ask for permission.

Well anyway, my hubby in a parents meeting let the cat out of the bag and said we are going on Holiday and taking an extra week off at the end of December. He said it in a joking manner - he assumed it was all ok.

The head said albeit also in a joking manner, "that's naughty" and left it at that.

Now I am worried as what to do? Should I sit down with the head and explain we are going to take an extra week off or simply just inform them nearer the time?

How does the fining system work? Does the school inform the LEA who then issue the fine? I was told the fine escalates if it's not paid within a week so what if they issue the fine when we are away on holiday? How will I be informed.

What odd behaviour from your husband - why would he assume it's OK? The Head can't stop you and you won't be fined but why make a point of rubbing his face in it

Tbh I think you’ve been incorrectly advised - but different local authorities may have different systems. Put in your holiday form and if you get a fine pay it. You may get lucky but the fine is small in comparison to the cost of holidays in school holidays.

But don’t ever expect teachers to be sympathetic to taking kids out of school - we don’t get the opportunity to save money on holidays!

The head and ourselves with the teacher were just chatting about places we had been and holidays and he entered it into that conversation, that we would be going.

I really like the head and don't want to feel that I am abusing the system.

Would asking the LEA to clarify help or would that make it more difficult?

You can’t be fined if he’s below statutory school age but you can’t expect school to like it.

But you ARE abusing the system!

The fact that your child happens to be in the tiny loophole period doesn't change that.

What do you want to clarify?

It's an unauthorised absence.
The school will not like it.
They can't stop you.
As your child is below statutory school age you can't be fined this time.

Fines are issued under s444 of the Education Act 1996. Section 444(1) of the Education Act 1996 states, "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". If your child is not of compulsory school age, no offence is committed, so no fine.

Whether there will be adverse comment from the Head or other teachers is another matter, and depends on the school.

At DS's school, the Head told everyone at the information evening for new parents in the summer term before they started, that she was unable to authorise absences for family holidays due to County policy, but "please tell us when and where you're going, have a marvellous time, and we look forward to hearing all about the wonderful new experiences and learning from the children when they come back.... though I'm afraid once the children are compulsory school age, County will fine you for absences of 5 days or more."

Other schools may take a dimmer view though!

Ok we can't be fined but will the school inform the council?

I don't know, does it matter?

Our head has a very similar attitude Ceara

We put an absence request form in, the head says no & the form is returned to us.

She then wishes us a happy holiday & asks to hear all about it when we return. The kids love telling her about what we got up to, where we visited, what words they used & all about the aeroplane.

We've never been fined & generally take 1 week (5 days) a year.

Other than the term we go away my dc often have 100% attendance. We're never late & have a good attitude to school.

Our head used to be able authorise up to 10 days leave (before the rules came in) as long as attendance was above 92% & she still likes that rule.

Ok

So will be taking 6 days from this current term and one day from the starting of next term.

The School starts back on the 8th which we will be taking off as we arrive back from the US at 8am the same day. I assume that would be fined as it will be an unauthorised absence.

You'll have to look up your LA's policy. Often they only fine if you have 4/5 days off, or if your attendance is below a certain percentage. You'll have to find out if attendance before the child is compulsory school age counts.

If you're taking some time off after your child becomes of compulsory school age though, I don't know why you thought that wouldn't count?

I assume that would be fined as it will be an unauthorised absence

It will be an unauthorised absence. However, I only know of one LA that fines for a single day of unauthorised absence. Most won't issue a fine unless there have been several days absence so you probably won't be fined.

You don't need to sit anyone down, you could ask at the office for an authorised absence form or just write a letter or email saying you will be taking X out for Y dates, he is under compulsory school age for the first days but you will understand if they are not able to give authorised absence for the last. You should inform them properly even if it was completely under compulsory attendance age otherwise they'll be phoning you wondering where he is - like if he was sick you'd call in. Very unlikely to get fined but if you did I understand it's a letter from the local authority in due course.

If your DC is going to be out for the last week in Dec it would be polite to inform the school well in advance so that they don't allocate your DC any parts in anything being done in last week of term such as school nativity show or carol service (or attendance awards).

You are legally allowed to do it and can't be fined because your son isn't Compulsory school age but the school naturally won't like it or encourage it.

AS they'll be in charge of catching your child up with work they've missed. I would just inform the school and ask if there's anything in particular they'd like you to do with your son while he's away.

You said your child turned 5 this term? Then all days count and you can be fined for each of them, not just the one day from the start of the next term (starting January). The day he turns 5 he is of compulsory school age, not from the following term. There are many reasons why you may not be fined (some schools don't for a first offence, allow a bit of grace, etc) but I would be prepared to pay for each day. The head will probably think little more about it - probably have more important things on their mind.

Then all days count and you can be fined for each of them, not just the one day from the start of the next term (starting January). The day he turns 5 he is of compulsory school age, not from the following term

That is wrong. A child reaches compulsory school age at the start of term following their fifth birthday, NOT on their fifth birthday. If the OP's child turned 5 this term they will not be of compulsory school age until the start of term in January. Education Act 1996 Section 8(2)(a).

To be a little more precise, a child reaches compulsory school age on the prescribed day following their fifth birthday unless their birthday happens to coincide with a prescribed day, in which case they are of compulsory school age immediately they turn five. The prescribed days are 31st August, 31st December and 31st March.

Nanoo, think that's wrong, it's the term after they turn 5. Unless you're aware of a change?
"Compulsory school age is set out in section 8 of the Education Act 1996 and The Education (Start of Compulsory School Age) Order 1998. A child reaches compulsory school age on the prescribed day following his fifth birthday (or on his fifth birthday if it falls on a prescribed day). The prescribed days are 31 December, 31 March and 31 August. The term ‘summer born’ is used to refer to children born from 1 April to 31 August. These children are not required to start school until a full school year after the point at which they could first have been admitted."

Ah sorry prh47bridge was much quicker!