Council appeals school absence ruling after DfE request and funding

The Isle of Wight Council has formally applied for permission to appeal a High Court ruling on its bid to enforce a fine for unauthorised school absence, after receiving a formal request to do so from the Minister for State for Schools.

The local authority has been seeking to enforce a £120 fine against Jon Platt after he took his daughter to Florida in April 2015. She missed seven days of school. The girl’s school had refused to authorise the absence.

In October last year magistrates on the Isle of Wight rejected the council’s attempt to enforce the fine. They accepted Mr Platt’s argument that s. 444 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.

Mr Platt said his daughter’s attendance remained above 90%, even after taking into account a previous unauthorised absence where the girl was on holiday with her mother (his ex-wife).

The magistrates then asked the High Court the following question: "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?"

In 2013 government regulations said head teachers should only grant leave of absence during term time in “exceptional circumstances”.

In May Lord Justice Lloyd Jones and Mrs Justice Thirlwall heard the proceedings by way of case stated.

In Isle of Wight Council v Platt [2016] EWHC 1283 they ruled in favour of Mr Platt, saying that the magistrates had not erred in law.

Lord Justice Lloyd Jones said: “In this case, the question whether attendance had been regular could not be ascertained solely by reference to the period of absence. It was necessary to have regard to the period of absence in a wider context of attendance.

“The magistrates were bound to consider whether there was regular school attendance in the light of all the evidence including the school’s record of attendance. In this case, I note that the education authority placed before the court M’s record of attendance from 1 September 2014 to 7 July 2015. I consider that the magistrates correctly had regard to that wider picture. Moreover in all the circumstances of this case I am unable to say that their conclusion was not one reasonably open to them.”

The Department for Education has committed to meeting the council’s costs of applying to the High Court – “and, if refused, to the Supreme Court” – for permission to appeal, and other future costs.

Counsel for the DfE are to make submissions in support of the application. The Isle of Wight said that if the appeal is granted by the High Court, or, subsequently, the Supreme Court, the department has stated it would specifically seek to be joined as a party to the proceedings and take the lead in the appeal.

Cllr Jonathan Bacon, Isle of Wight Council leader, said: “Our initial response was not to expend further Isle of Wight Council money on pursuing an appeal. However, as a result of the formal request from the minister, the local and national importance of this issue and the DfE’s commitment to cover all the costs of the appeal and contribute to the council’s previous costs, we have decided to lodge an appeal in order to resolve the issue for all.”

Mr Platt recently announced plans to take forward group litigation on behalf of parents who have received fines, and has set up a company – School Fines Refunds Ltd – for the purpose.

Responding to the announcement that the council would seek permission to appeal, he wrote on Facebook: “UNBELIEVABLE!! The Isle of Wight Council, apparently on the Instructions of the DfE, have JUST announced a few minutes ago an appeal to the Supreme Court, the highest court in the land! This is absolutely outrageous. A HUGE waste of tax payers money on an issue that is beyond any doubt. Utterly shocked.”