The Education Welfare Service has been issuing penalty fines for unauthorised absences on behalf of schools since the introduction of the fines in 2003 under Section 23 of the Anti-Social Behaviour Act, 2003.

Penalty Notices are an alternative to the existing sanctions available under Section 444 of the Education Act 1996 and Section 36 of the Children Act 1989, allowing parents to discharge liability for conviction for the offence. The fine is £60 per parent per child if paid within 21 days, increasing to £120 per parent per child if paid within 28 days from the date of issue.

In 2013 the Education (pupil registration) (England) (amendment) Regulations 2013 removed references to family holidays and extended leave. The amendments made clear that head teachers may not grant any leave of absence during term time. So on behalf of schools the Education Welfare Service also issued penalty fines for leave taken in term time.

Following the Isle of Wight v Platt case in 2016, penalty notices for leave in term time was suspended until a decision was made by the Supreme Court. The Supreme Court overturned the decision made by the High Court recently so the Education Welfare Service will be reinstating the issue of fines for holidays in term time.

Unauthorised leave for 10 sessions (5 school days) or more will qualify for a fine. No warning will be issued from the Local Authority because it is assumed that school will inform all parents that leave in term time will not be authorised unless it is exceptional circumstances. ‘Exceptional circumstances’ can be described as rare, significant, unavoidable and short and that the leave/absences could not reasonably be scheduled at another time.

As a school we will clearly demonstrate that the parent/carer understood that permission had not/would not be given through the meeting that parents/carers are expected to make with Mrs Michell. This dialogue will also be captured on the paperwork completed at this meeting. This information has also been communicated on the school’s website and by letter. As such, the school will make a reasonable assumption that parents/carers understand this process in the unlikely event that they choose not to meet with school prior to taking their child out of school for an unauthorised term time holiday.