Legal Update Q&A: Holidays during term-time

My sister is getting married abroad and the wedding is organised during term-time. I would like for my primary-school aged children to accompany me on the trip but am not sure if I can take them out of school, and if so what process needs to be followed.

Children that are registered pupils at school must attend school regularly. This means that they must attend full time unless the absence is authorised. If you wish to take your child out of school, you should ask permission from the school. The school may have its own policy with regard to authorised absences. Authorised absences include, for example, exclusions, medical appointments and approved holidays. If the school will not authorise the absence, and you take your child out of school anyway, you may face non-attendance action, as outlined below.

Section 444(1) of the Education Act 1996 provides that if a registered pupil that is of compulsory school age fails to attend school regularly, the parent is guilty of an offence. This can result in a fine of up to £1,000, or in more serious cases a fine of up to £2,500, a jail sentence of up to three months or a community sentence. Alternatively, parents could receive a Fixed Penalty Notice – the fine is initially £50, then £100 if not paid within 28 days. If the penalty is not paid within 42 days of the notice the local authority can proceed to prosecution.

Do you have any questions?
Email them to clc@essex.ac.uk
or call the Child Law Advice Line
on 08088 020 008,
The National Education Line
on 0845 345 4345,
Or visit www.childrenslegalcentre.com