It is becoming increasingly common for children to be taken out of school on family holidays during term time. In England parents who do this can expect to be fined by the local council up to £160 per parent per offence for each child. In this article we work out what the current rules actually mean in cash terms and consider whether it would still be cheaper for a family to take a holiday in the peak season.
What The Fine Actually Is
A penalty notice is formally issued by a local authority against parents and/or a child’s school for every instance of unauthorised absence. Gov.uk provides information on the enforcement of term-time absence fines, including how penalty notices are issued and how councils may enforce payment and even prosecute parents who fail to pay or refuse absence which has been declared as unauthorised by the child’s school. However, each local authority will have their own processes and ways of dealing with the issuing of penalty notices.
A Worked Example For A Family Of Four
A typical family would book a week’s self-catering holiday to Spain in the February half term for £2,400. But the exact same holiday, flights and accommodation, taken in term time would cost only £1,600. Take the fines out of the equation for both parents for a moment, and you’re saving £800 off the price of a peak-week package.
Adding The Fines To The Sum
It would have to cost an awful lot for them to be worse than going out of term time. When you work out the fine, and add it to the cost of the term time holiday, they can cost anywhere between £640 less than peak for early payment of fines, down to £480 less than peak for late payment of fines. For many families therefore, even with the worst that is thrown at them, term time holidays still represent the best value for money for their family’s holidays.
Why Exceptional Circumstances Rarely Help
Most parents believe that a letter or written explanation of why they wish to take their child out of school for a family holiday will be deemed an ‘exceptional circumstance’ and therefore allowed. However, this is very much at the discretion of the headteacher and in most cases a family holiday abroad will be viewed with suspicion and be unlikely to be granted as an ‘exceptional circumstance’. The sorts of exceptional circumstances that may be considered include a one-off family event abroad, a bereavement, a family member’s illness abroad, or leave from a parent’s work with the armed forces. Even in these circumstances, however, the final decision is that of the school.
The Three Year Rule
The second fine of £160 is issued automatically if the parent of the child is issued another penalty notice within 3 years from the issue of the first fine (this does not have to be for the same child). The second fine will be issued at the higher amount of £160 per parent even if the first fine was paid at the lower amount of £80 plus time. Therefore if you have had a fine issued in the past for taking your child out of school on a family holiday abroad and you now book and take another family holiday abroad within 3 years from the date of the first fine, you must now budget for a further £320 for two parents.
What Happens After Two Fines
The third unauthorised absence within a three year period does not issue a third penalty notice, but the local authority can choose to prosecute the parent(s) in the magistrates’ court for that unauthorised absence. If found guilty, the parent(s) could receive a fine of up to £2,500 per unauthorised absence, and in exceptional cases, a community order or even a short prison sentence. As previously mentioned, there is an ongoing debate about school holiday penalties and it is often reported in the media and in the courts.
Fined Per Parent, Not Per Family
Parents with parental responsibility for a child can be issued with their own Penalty Notice. A fine is issued for each child and therefore for each parent with children on holiday. Many authorities issue one Penalty Notice per parent and this Notice will detail all children for whom that parent has responsibility. It is always worth checking with the school how your authority will issue Penalty Notices.
Under-5s And Checking Term Dates
But children under 5 are not subject to the same rules. The date of compulsory school age for a child under 5 is the term in which they turn 5. So a 3- or 4- year old in nursery or Reception may be taken out of term time without risk of fines. However, the term times of schools vary from year to year and even from one school to its neighbour on the same council site. It is best to check out the actual term times of the specific school rather than rely on dates from another town.
Decision Framework
Most holidays to be with family are not exceptional circumstances. Schools make these decisions on a case by case basis and it is rare that a family holiday is considered to be an exception to authorise.
What is the amount of the fine? Currently this is set at £80 for the first penalty notice for each parent/schooling for each child. This will rise to £160 for each parent if the fine is not paid within 21 days of the date on the penalty notice. The amount of the fine for a second penalty notice within a three year period is £160 for each parent/schooling for each child.
How do term time absence fines work after two fines within three years? Although there are no further fine(s) issued for unauthorised absence after two fine(s) within three years, a local authority can take the matter to a magistrates’ court for a prosecution against the parent(s) for unauthorised absence(s).
Is it for each child and parent? Yes. That is how the councils appear to apply these fines. It is worth checking with the school, however, as the school will have the greatest influence in this respect.
Before booking, you should always establish the precise term dates for the individual child’s school as term dates vary between councils, and even between different schools within the same council area.
