LGA calls on Department for Education to change rules on term-time holidays

The Local Government Association has urged the Department for Education to change the rules on term-time holidays, saying “a reasonable, common sense approach” should be allowed.

Commenting ahead of the October half term and after magistrates on the Isle of Wight rejected the local council’s attempt to enforce a fine on a parent, the LGA argued that head-teachers should be allowed to give reasonable consideration to term-time leave requests.

The LGA highlighted the impact of the Education (Pupil Registration) (England) (Amendment) Regulations 2013, which came into force on 1 September 2013.

These regulations removed references to family holidays and extended leave as well as the notional threshold of ten school days.

The amendments made clear that head teachers may not grant any leave of absence during term time unless ‘exceptional circumstances' exist. The regulations also state that head teachers should determine the number of school days a child can be away from school if leave is granted for ‘exceptional circumstances'. A holiday is not classed as an ‘exceptional circumstance’.

The LGA said: “Since September 2013 the DfE and Ofsted have insisted school heads take a much harder line on term-time leave requests including the removal of term-time leave allowances in most instances.

“Previously head teachers were able to grant 10 days leave in ‘exceptional circumstances’, in effect meaning that many schools could allow up to two weeks of term-time holidays a year, however the Department for Education and Ofsted have imposed stricter guidelines on what can be classed as an exceptional circumstance now this no longer includes holidays.”

If an absence is not authorised, parents that take their child out of school during term time are reported to their local authorities. Councils are then obliged by Government to fine a parent £60 per child (which rises to £120 if it is not paid within 21 days).

In extreme circumstances, those that fail to pay could face prosecution with a maximum fine of £2,500 or a jail sentence of up to three months.

Last year 16,430 parents in England were prosecuted for failing to ensure their children went to school.

According to Ministry of Justice statistics, of those taken to court in 2014, around three quarters (76%) – 12,479 – were found guilty. However, only 18 of these faced custodial sentences and the average fine was £172.

The LGA warned that the current approach could become harder to enforce, with parents such as Jon Platt in the Isle of Wight successfully challenging fines.

Mr Platt argued that s. 444 of the Education Act required parents to ensure their children attend school ‘regularly’ but did not put specific restrictions on taking them on holidays in term time.

The LGA pointed to the higher cost of holidays during school holidays, and noted “a suspicion that some travel companies may raise prices to exploit these holiday periods”.

Cllr Roy Perry, chairman of the LGA’s Children and Young People Board, said: "Children's education is treated with the upmost seriousness, but it is clear that the current system does not always favour families, especially those that are struggling to meet the demands of modern life or have unconventional work commitments.

"There has to be a sensible solution whereby every family has the option to spend time together when they choose to, without fear of prosecution from education authorities.”

Cllr Perry added: "Blanket bans do not work and fines are now being successfully challenged in the courts under human rights laws. It is time for this situation to be reassessed to ensure we are not wasting time and money by enforcing, what is considered by many to be, a punitive and unfair system. Also, as the high court decisions have shown recently, it's a system that is not always enforceable…..

"While councils fully support the Department for Education's stance on every child being in school every day, there are occasions when parental requests should be given individual consideration and a common sense approach applied."