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The new legislation does not give any entitlement to parents to take their child on holiday during term time. Any application for leave of absence must be in exceptional circumstances and the Head Teacher must be satisfied that the circumstances warrant the granting of leave of absence. Parents can be fined by the Local Authority for taking their child on holiday during term time without consent from the school.
Payment of Penalty Notices
Changes to payment deadlines:
From August 2024, the fine for school absences across the country will be £80 if paid within 21 days, or £160 if paid within 28 days. This rate is in line with inflation and is the first increase since 2012.
Fines are per parent/carer per child
However, in exceptional circumstances schools may authorise, in advance, requests for periods of leave. The request for leave must come from a parent with whom the child normally resides
In the case of repeated fines, if a parent receives a second fine for the same child within any three-year period, this will be charged at the higher rate of £160.
Fines per parent will be capped to two fines within any three-year period. Once this limit has been reached, other action like a parenting order or prosecution will be considered.
If you’re prosecuted and attend court because your child hasn’t been attending school, you could get a fine of up to £2,500.
Failure to make payment will result in the local authority taking legal action for failure to ensure regular attendance at school under Section 444 (1) Education Act 1996.
If a child then stays away from school for more than the authorised period or if this request is not authorised, this must be recorded as unauthorised absence and may result in the Educational Welfare Service issuing a Fixed Penalty Notice.
Absence requests will be considered in line with the Education (Pupil Registration) (England) (Amendment) Regulations 2013
The Local Authority will be monitoring all school absences during term time and challenging those schools and parents that do not adhere to the new legislation.
Holiday prices, and the fact that the parents have booked a holiday before checking with the school, are not exceptional circumstances