The role of the School
The school has a responsibility to monitor every pupil’s attendance and to report any half-day absences as either Authorised or Unauthorised.
Family Holidays and Other Absences:
Education (Pupil Registration) (England) Regulations 2006, which came into force on 1st September 2013 state that Head teachers may not grant any leave of absence for holidays during the term time unless there are exceptional circumstances; in these cases it is the Head teacher who determines the number of days a child can be away from school if the leave is granted.
The Governors have agreed the following ‘exceptional circumstances’ which may be authorised by the Head teacher:
Types of holidays that MAY be granted due to exceptional circumstances:
- One or both parents in the armed forces and leave granted prior to deployment.
- ‘Factory fortnight’ holidays – immovable holidays due to business rotas etc (such requests should be accompanied by a letter from the employer)
- Terminally ill close relative i.e. parent, sibling, grandparent. Family wish to have a final holiday together.
- Family/carer funeral (1 day maximum)
- Weddings (immediate family only, 1 day maximum)
- Religious festivals
- Visits to the child’s/children’s or parents’ country of origin
- Pupils with certain conditions may find holiday destinations impossible to manage during busy times and this may cause the families undue anxiety having a detrimental effect on their health and well-being.
- Leave of absence will NOT be granted for reasons that are NOT considered to be special or exceptional.
These include: - Availability of cheap holidays and cheap travel arrangements
- Days overlapping with beginning or end of term
- Family weddings longer than one day
- Visiting relatives living in different parts of the country or overseas
- Holiday’s won in competitions
Parents needing leave of absence for exceptional circumstances should complete a form available from the school office at least two weeks before the anticipated start date. The reason for the request should be given in detail and be accompanied by a letter from the employer stating that holidays are only allowed during this period. Applications should be made before the leave is arranged as absences will not be granted retrospectively.
The Headteacher may ask parents to provide more detail about the exceptional circumstances to aid their decision making.
Parents who take their children on holiday without permission will incur an unauthorised absence for their child. These remain on the child’s record and will be monitored for further action by the Education Welfare Service.
Education penalty notices are issued to parents of statutory school age children. They can be issued to each parent or carer who is deemed liable for the child’s absence from school. The costs and process are as follows.
First offence
The first time a penalty notice is issued for term time leave or irregular attendance. The amount will be:
£160 per parent per child, if paid within 28 days reduced to £80 per parent per child, if paid within 21 days
Second offence (within 3 years)
The second time a penalty notice is issued for term time leave or irregular attendance. The amount will be £160 per parent per child, if paid within 28 days.
Third offence and any further offences (within 3 years)
The third time an offence is committed for term-time leave or irregular attendance, a penalty notice will not be issued. The case will be presented straight to the magistrates’ court.
Prosecution
If a parent is prosecuted this would take place in a magistrates’ court under section 444 of the Education Act 1996. Prosecution could result in a fine of up to £2,500, a community order or a jail sentence of up to 3 months. The court can also issue a parenting order.
Prosecution in a magistrates’ court would be via a Single Justice Procedure Notice (which removes the need for a formal hearing to take place) or by summons for a parent to appear at a magistrates’ court in person.
Parents can be prosecuted for issues including:
- ongoing unsatisfactory school attendance
- repeated cycles of short-term improvements linked to the penalty notice process
- unauthorised leave of absence during term time (including holidays) which is excessive in length
- repeated periods of unauthorised leave of absence taken during term time (including holidays)
- non-payment of a penalty notice
There is no right of appeal by parents against a penalty notice. If the penalty is not paid in full by the end of the 42 day period the local authority must decide either to prosecute for the original offence to which the notice applies or withdraw the notice.