Term Time Holidays
As you are aware amendments to legislation state that leave during school time should only be granted in exceptional circumstances. If a parent/carer request a leave of absence during term time which is declined, and the child is subsequently absent in circumstances which suggest that the leave was taken despite the lack of consent, Government Guidance suggests that the absence is recorded as an Unauthorised Absence and that a Fixed Penalty Notice should be issued.
It is still the decision of the Head Teacher/Governors following Government Guidance to authorise or not authorise leave of absence during term time.
If a request for a leave of absence is declined, the Head Teacher respond to these requests in writing informing parents/carers of the decision and that a Fixed Penalty Notice will be issued if the holiday goes ahead.
With effect from the 19 August 2024, the law changes and Penalty Notices will increase. Penalty charges will be £160 if paid within 28 days reducing to £80 if paid within 21 days per parent/carer per child.
The National Framework for Penalty Notices introduces a new national limit of two penalty notices that can now be issued to a parent for the same child within a rolling three year period. If a second Fixed Penalty Notice is issued to the same parent for the same child, within three years of the first Fixed Penalty Notice, the second Fixed Penalty Notice is charged at a flat rate of £160 if paid within 28 days.
Once two Fixed Penalty Notices have been issued, if a third unauthorised leave of absence occurs within a three year period, the Local Authority is able to move to prosecution immediately.
School Absence Legislation
Parents have a duty under section 7 of the Education Act 1996 to ensure that their child receives full-time education suitable to their age, ability either by regular attendance at school or otherwise.
Under Section 444 of the Education Act 1996, parents or carers may be taken to court and prosecuted if their child does not attend school regularly and their absences are unauthorised (or in other words, the school cannot or has not given permission for them to be off school)
In 2003, the Anti-Social Behaviour Act provided an alternative means of tackling non-attendance in schools. Under Section 23 of the Act, Local Education Authorities and other designated bodies were given the powers to issue Penalty Notices to parents or carers who are considered capable of, but unwilling to work towards improving their child’s attendance.
If your child has unauthorised or irregular attendance, then the school will notify us and we will either issue you with a warning or a Fixed Penalty Notice (FPN).
When requesting a leave of absence, please fill in the attached form (a paper copy can be obtained at the school office) and return it to the School Office. A reply will be issued to you within 5 working days.