By Colin Adamson, Associate Solicitor, Palmers Solicitors
As pupils return to school and a new academic year starts, it’s a time of year when many parents are either considering taking their child on a term-time holiday, have recently done so or are planning ahead to the weeks leading up to Christmas.
This has been a hotly debated topic in recent weeks, with many parents facing fines for their child’s unauthorised absence during term-time.
Children between the ages five and 16 are legally required to receive a full-time education in term time, so an unauthorised absence may be interpreted as disrupting this. The Department for Education (DfE) estimates that 89 per cent of fines for unauthorised absences are for term-time holidays.
However, term-time trips are popular among parents as costs can skyrocket during school holidays – often pricing some families out of going away altogether. For this reason, term-time holidays remain popular despite the risk of a fine or legal action.
Is this the right way forward?
The fierce debate
Opinions are strong on all sides of the debate around term-time holidays. Arguments are largely unconcerned with the law, because the law says what it says – i.e. that unauthorised absences are not permitted.
For many, the cost is such that parents will risk the fine. The debate itself is whether it is morally acceptable to take children out of school for a holiday and whether this will materially impact their education.
On the one hand, many people argue that a short period of absence, particularly when the child is younger and not doing formal examinations such as GSCEs, won’t have much of an impact on their long-term education – whereas spending time with family on holiday may materially boost the child’s wellbeing.
Many parents, particularly those working in tourism-aligned businesses, cannot take holiday during peak times – which largely coincide with school holidays.
On the other hand, education holds tremendous value for children and society as a whole, so taking away from that is often seek as irresponsible.
The law as it stands
Setting aside the ethical debates, a term-time holiday is not one of the permissible reasons for taking children out of school. The school is unlikely to give prior permission as holidays are not considered an exceptional reason.
Under current arrangements, parents of children who miss school for an unauthorised reason risk being fined £80 per parent per child per day if paid within 21 days, and £160 if paid within 28 days.
A second fine for the same child within any three-year period will be charged at the higher £160.
A fine can be issued for any unauthorised absence but is more likely to occur when you have clearly taken your child away for a longer period of time for a non-essential activity such as a holiday.
If you fail to pay the fine or reach the cap of two fines per parent per three-year period, you may be prosecuted under the Education Act 1996. This could result in a fine of up to £2,500 or even a custodial sentence for repeated offences.
While this is rare, it’s easy to see how parents who book term-time holidays every year can end up on the wrong end of a court case.
In extreme cases, social services may also involve themselves to ensure that your child is receiving an appropriate education and aren’t being disadvantaged by the family holiday.
The implication for parents and children
In the absence of heavier penalties, the choice lies with parents, ultimately, as to whether their child goes on a term-time holiday.
However, it’s important for them to remember that the law is very clear on children getting a full-time education. The school and local authority are likely to waste no time in getting involved to make sure your child is getting the education they legally require and deserve.
I generally recommend that parents avoid taking children out of school for term-time holidays. While there is an argument to be made for the occasional absence, it is not worth the legal implications.
Additionally, repeat holidays in term-time can have a major impact on your child’s education and result in them missing out.
Ultimately, it’s hardly a saving over a summer holidays trip if you end up with a four-figure fine or even a prison sentence.
For advice on the law on education and child absences, please contact me at ColinAdamson@palmerslaw.co.uk.