Term time holiday

[Cheersto2022]

We had a holiday booked for 2020, moved to 2021 and now moved to 2022. There is a big list of factors why it's now 6 days prior to half term, half term and then possibly one day after (concern re jet lag and making the first day of term back). This means between 5-7 school days missed dependent on if they have their usual inset the day before half term.

Both children have EHCPs.

I am happy to pay the fine but am I liable to be prosecuted?

Too many variables including your own LA's stance on missing school and attendance at other points and if taking a holiday at a main holiday period is difficult for your children e.g going to Disney World outside of term time is not necessarily going to be seen as ok if to pay less as likely to be busy regardless (if you are saying doing at that time to be quieter), but a trip to a place which is much quieter out of season, they may not even bother to fine as could be argued in best interest of the family, disability discrimination not to, particularly if attendance is otherwise good.

Anything over & including 5 days in a row is reported to LA by school they said they have no choice. We’ve in same situation because Easter hols are later than thought when our flights were rolled for the second time in two years Arghh!

You will probably be fined. It is unlikely you will be prosecuted. However, it depends on your LA's policies so it is impossible to give a definitive answer without knowing which LA is involved.

I found the code of conduct and it doesn't really make clear in which circumstances they would prosecute, just about fines for 10 unauthorised abscences in a 12 month period.

I don't mind paying the fine, more substantial trouble is a bigger concern

I doubt they would for a single holiday, if you pay the fine, but it really does depend on the overall picture of absence and if you have had multiple fines before or persistent absence.