Holiday Leave During Term Time
Request for Holiday Leave During Term Time
In September 2013 the Department for Education amended the Education (Pupil Registration) (England) Regulations 2006 removing the Headteacher's ability to authorise leave of absence for a family holiday. Holidays in term-time will not be authorised as the Regulations only allow Headteacher's to authorise absence (leave) in "exceptional circumstances." An "exceptional circumstance" would have to be defined as an unavoidable cause e.g. a one-off emergency situation which prevents the child from attending school. Family holidays, for whatever reason, cannot be approved, even if the parent is unable to take time off work at any other time.
Requests for holidays in term time will not be authorised.
If the absence is not authorised and the holiday is taken anyway, the case may be referred to the Attendance Service who may issue a Penalty Notice to each parent for each child taken out of school.
- Penalty Notices carry a fine of £60 per parent per child if paid within 21 days increasing to £120 per parent per child if paid between 22-28 days.
- There is no right of appeal against the issuing of a Penalty Notice because the authorisation of absence is the sole responsibility of the headteacher.
- Where Penalty Notice(s) are unpaid, the local authority may consider taking legal action under Section 444(1) Education Act 1996 for failure to ensure a child's regular attendance at school.
- If this happens, the case will take place before magistrates who could issue the maximum fine of £1000 per parent per child for this offence.