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This article was first published on LexisPSL Local Government on 24 January 2014. Click here for a free 24h trial of LexisPSL.
Original news
Parents fined for taking children on holiday during term time, LNB News 16/01/2014 35 Daily Telegraph, 16 January 2014: A Shropshire couple were fined 993 after taking their three children out of school to go on holiday. Stewart and Nathasha Sutherland appeared before Telford magistrates' court and avoided jail after pleading guilty to failing to ensure their children attended school regularly.
Are there legitimate reasons for taking children out of school early?
Historically the Education (Pupil Registration) (England) Regulation 2006, SI 2006/1751 allowed head teachers to grant absence for the purposes of family holidays during term time in 'special circumstances' (up to 10 school days per year or for longer periods of time in exceptional circumstances). Amendments to these regulations have been made by the Education (Penalty Notice) (England) (Amendment) Regulations 2013, SI 2013/757 which came into force on 1 September 2013. The reference to family holidays and extended leave has been removed as well as the threshold of 10 school days. It has been made very clear that head teachers are now not able to grant any leave of absence during term time unless this is in exceptional circumstances. Head teachers will determine the number of school days a child can be away if the leave is granted--however, examples of when the leave will be granted have not been provided. I would anticipate that this would include travelling to attend upon a terminally ill relative or a funeral, but it is very clear leave will not be granted for a family holiday.
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The law requires all schools, including independent schools, to have an admission register and, with the exception of schools where all pupils are boarders, an attendance register. All pupils (regardless of their age) must be placed on both registers. Schools must take the attendance register at the start of the first session of each school day and once during the second session. On each occasion they must record whether every pupil is: o o o o present attending an approved educational activity absent, or unable to attend due to exceptional circumstances
The school must use the appropriate national code for recording attendance. The national codes enable schools to record and monitor attendance and absence in a consistent way. They are also used for collecting statistics through the School Census System. This means that schools and local authorities can better understand the level of and the reasons for absence. The two relevant codes in relation to leave of absence are as follows: o o Code G--Holiday absence not authorised by the school Code H--Holiday absence authorised by the school