Government uncompromising on school attendance rules after father’s term-time holiday win
The Government will seek “whatever measures necessary” to maintain strict no term-time holiday rules , after a father who took his daughter on a term-time holiday won a case against the school, and the subsequent appeal made by the local authority.
Schools Minister Nick Gibb told the House of Commons that the ruling in favour of the parent represented a “significant threat” to improving school attendence and that the Government will do “everything in its power” to ensure children are kept in school: “The house should be assured that we will seek whatever measures necessary to give schools and local authorities the power and clarity to ensure that children attend schools when they should.”
The court ruled that the family would not have to pay the fine due to their child’s otherwise ‘regular attendance record’.
Head Teachers have the authority to grant leave for up to 10 days under “special circumstances”, but Chair of the Education Select Committee Neil Carmichael said more clarity is needed in defining what counts as a special circumstance.
“The Government will have to think very carefully about this because what we don’t want is the special circumstance to be ‘There’s a cheap holiday and we’d like to go’
“I certainly think we need a period of reflection on this matter because this ruling causes a huge amount of concern.
“Instead of confusion we need clarity – clarity for parents and clarity for the schools, because people will be wondering what to do next given the scale of the change”.
Regionally, both Middlesbrough and Stockton councils said they will no longer fine parents for unauthorised absences until further notice.
SCHOOLS NorthEast Director Mike Parker commented: “It is no great surprise that some local authorities are choosing to stop issuing fines as the court case has created a great amount of confusion.
“Our concern is that this court case might prompt the Government to tighten regulations and remove Head Teachers’ discretion to allow in-term authorised absences.
“Head Teachers know their pupils and their families, and they are best placed to say when the absences are appropriate or not.
The Government is awaiting the written judgment from the High Court before announcing its next moves. A DfE spokesperson said that the Department is disappointed with the High Court judgment as there is clear evidence that “every extra day of school missed can affect a pupil’s chance of gaining good GCSEs, which has a lasting effect on their life chances.
“We will look at the judgement in detail but are clear children’s attendance is non-negotiable so we will now look to change the law.
“We also plan to strengthen statutory guidance to schools and local authorities.”
Further reading
FACT CHECK: Nick Gibb on term-time holidays (Schools Week)