Holidays During Term Time

Holidays During Term Time

A recent case decided at the High Court came as good news to all parents who wanted to take holiday during term time, however that court decision is now going to be challenged.  The case of Isle of Wight Council v Platt, decided that a father had not committed an offence by taking his child out of school during term time for a holiday. The Court decided that the overall attendance of the child at school had to be looked at before deciding whether a parent was guilty of failing to secure regular attendance.

The child in this case had an attendance record of 95% prior to going on holiday and this reduced to 90.3% as a result of the holiday.  The Council had limited the time of the alleged offence to cover the period of the holiday alone and asked the High Court to clarify whether a seven-day absence amounted to a child failing to attend regularly.

The High Court stated that it is not open to the local authority to criminalise every unauthorised holiday by simply alleging that there has been no regular attendance in a period limited to the absence on holiday.

The Isle of Wight Council has announced its decision to appeal the case to the Supreme Court so this may not be the end of the story.

Hewitts Solicitors have a large department of specialist criminal defence solicitors who can provide advice and representation in all aspects of prosecutions, including those brought by local authorities.
These cases often involve people who have never fallen foul of the law previously and, without expert advice and representation, can find themselves travelling through a minefield.

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