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MoD employee fined for term-time family holiday booked before education regulations amendment (16 January 2014)

Date: 16/01/2014
Duncan Lewis, Family Solicitors, MoD employee fined for term-time family holiday booked before education regulations amendment

Parents who took their children out of school during term-time have been fined £630 plus costs, despite the fact they booked the holiday before the law was changed.

Stewart and Natasha Sutherland from Telford in Shropshire took their three children aged 15, 13 and six for a week’s holiday in Greece in September 2013 after the autumn term had started. The holiday was booked in October 2012.

In 2013 the law which allowed families 10 days’ holiday during term-time was changed and a ban was introduced.

Previously, many families found that booking holidays during term-time saved them money low season holidays. Schools could also give permission for children to be taken out of school during term-time for holidays which had an educational aspect to them, such as visiting historic sites – or to visit relatives overseas for family occasions.

The Sutherland family had not had a family holiday together for five years because they could not get leave from work – and rather than cancel the week’s holiday booked from 25 September, they went ahead with their plans.

Telford Magistrates’ Court heard that the Sutherlands had failed to obtain permission from two schools to take their children on holiday – but the couple denied that they had booked during term-time to get a cheaper family break.

They admitted failing to ensure their children attended school regularly between 4 September and 25 October, 2013.

Mr Sutherland, 39, works as a guard for the Ministry of Defence and defended himself in court. He called the law “a farce”.

“I feel that I am being treated like a criminal and being punished because I am trying to do the best for my family, “he said. “It's like being taxed because I am a shift worker. The people who make these laws and policies don't live in the real world."

GOV UK guidance says that head teachers have discretion to grant leave – but only in exceptional circumstances and it is unlikely permission would be granted for the purposes of a family holiday. The head teacher can also decide how long the child can be absent from school. The guidance also warns that parents can be fined for taking their children out of school during term time to take them on holiday without permission.
The amendment to The Education (Pupil Registration) (England) Regulations 2006 came into force on 1 September 2013.

Telford & Wrekin Council said the law is clear and taking children out of school during term-time can be “disruptive”.

Mr Sutherland said however that the purpose of the holiday was help his family get “back on track” and to address as a family issues being experienced by one of his children.

Mr Sutherland said:
“I feel that I am being treated like a criminal and being punished because I am trying to do the best for my family. It's like being taxed because I am a shift worker.
"I had to take everybody as a family to get us back on track, which is what I have done.”

A spokesman for the Department of Education said:
“Poor attendance at school can have a hugely damaging effect – and children who attend school regularly are nearly four times more likely to achieve five or more good GCSEs than those who are regularly absent.

"That is why we have given schools more power to tackle poor attendance and allowed them to intervene much earlier.
“We have also increased the amount parents can be fined for unauthorised absences and cut the amount of time they have to pay. Parents should never simply discount a possible penalty notice from the cost of a cheaper holiday, because this is a criminal offence and when doing so they are always risking prosecution.”

A Telford and Wrekin Council spokesman said:
“The decision to not authorise an absence request from parents during term is taken by a school or an academy and not the council.

“The school or academy will then instruct the council to issue the fine notice and legally this has to be done by the council. If the fine is not paid the council must take further legal steps, as it has in this case.”

Originally Mr and Mrs Sutherland refused to pay a £360 fine which was double to £720 for failure to pay within 21 days. The fine was amended to £630 and the couple were also ordered to pay £300 in costs and a £63 victim’s surcharge.

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