The law does not grant parents the automatic right to take their child out of school during term time
As stated in our school attendance policy, only exceptional circumstances warrant an authorised leave of absence. Generally, a need or desire for a holiday or other absence for the purpose of leisure and recreation would not constitute an exceptional circumstance.
If seeking permission for exceptional circumstances leave of absence, the parent/guardian should complete a Leave of Absence Request form. The request should be submitted as soon as it is anticipated; and wherever possible, at least four weeks before the absence. Leave of absence cannot be approved retrospectively.
The school will consider each application individually, considering the specific facts and circumstances. Parents may be required to provide the school with additional evidence in order to support the request. The expectation of the school is that term time holidays should not be planned or booked as a matter of course, as they are likely to be unauthorised.
Where a leave of absence is granted, the school will determine the number of days the pupil can be away from school. A leave of absence is granted entirely at the school’s discretion.
In April 2017 the Supreme Court clarified the definition of regular attendance to be attendance “in accordance with the rules prescribed by the school”, therefore if an absence is not authorised by the school, the pupil’s attendance is deemed to be irregular.
Parents/guardians have a legal responsibility to ensure that their child attends school on a regular basis. It is a criminal offence under Section 444 of the Education Act 1996 to fail to secure regular attendance of a registered pupil at the school. This applies to both resident and non-resident parents/guardians who may both be subject to legal sanctions if their child fails to attend school regularly. It also applies to others who may not be the parent/guardian but may have day to day care of the child.
Unauthorised absence from school can result in a number of different outcomes for parents/guardians and children. Each case is considered individually.
Penalty Notices are intended as a sanction for low level offences and a tool to support improved school attendance. They are an alternative to prosecution and may not be issued if prosecution is considered to be a more appropriate response to a pupil’s unauthorised absence.
A pupil's unauthorised absence from school could result in one of the following:
1. Penalty Notice. The Penalty Notice is £80 if paid within 21 days rising to £160 if paid between 22 and 28 days, per parent, per child - e.g. 3 siblings absent for leave during term time would result in each parent receiving 3 separate fine totalling £480 rising to £960 after 21 days. Failure to pay may result in prosecution. If a second Penalty Notice is issued within a rolling 3-year period the penalty is £160 per parent, per child if paid within 28 days. There will be no option to pay a lower amount.
2. Prosecution. Prosecution could result in a criminal record and fines up to £2500 and/or up to 3-months imprisonment.