High Court hears battle over fine for taking child on holiday during term time

The High Court is today hearing – by way of case stated – the latest stage in legal proceedings between a father who took his daughter on holiday during term time and the council which sought to enforce a £120 fine against him.

Jon Platt took his daughter to Disney World in Florida in April 2015. The girl’s school had declined to give permission for the trip and she was absent for seven days.

The original fine of £60 issued by Isle of Wight Council was doubled after Mr Platt refused to pay.

In October 2015 magistrates on the Isle of Wight rejected attempts by the local authority to enforce the fine.

Mr Platt was successful in arguing that s. 444 of the Education Act requires parents to ensure their children attend school ‘regularly’ but does not put specific restrictions on taking them on holiday in term time.

According to a report on the BBC, the High Court has been asked to clarify whether a seven-day absence amounts to a child failing to attend regularly.

The BBC said the question asked by magistrates of the court is: "Did we err in law in taking into account attendance outside of the offence dates... as particularised in the summons when determining the percentage attendance of the child?"

The case is being heard in the Administrative Court by Lord Justice Lloyd Jones and Mrs Justice Thirlwall.

Mr Platt is understood to have raised £25,000 through crowdfunding to cover his legal costs.

In 2013 government regulations said head teachers should only grant leave of absence during term time in “exceptional circumstances”. Mr Platt says his daughter’s attendance remains above 90%.

Last week it emerged that Swindon Borough Council had failed in a bid to prosecute two sets of parents who took their children out during term time.

Magistrates ruled that there was no case to answer, saying there was no legal benchmark for ‘non-regular attendance’.

BREAKING NEWS: The Administrative Court has ruled in Mr Platt's favour. See: Council fears "massive uncertainty" after judges back parent in holiday row