Term time school holidays.

Taking a Child Out of School During Term Time

Parents may be tempted to take their children out of school because holidays are considerably cheaper outside the official school breaks.

However, in England, parents do not have a general right to remove a child from school for a holiday during term time.

Once a child of compulsory school age is registered at a school, their parents are responsible for ensuring that the child attends regularly. Unauthorised absence can result in a penalty notice or prosecution.

The Supreme Court Holiday Case

The rules attracted national attention after a father challenged a penalty notice issued when he took his daughter to Florida during term time.

The child had attended school for more than 90% of the relevant period, and the father argued that she had therefore attended "regularly".

The High Court initially accepted that argument, creating uncertainty for schools and councils across England.

However, the Supreme Court overturned that decision on 6 April 2017.

The Supreme Court held that regular attendance means attending school in accordance with the rules prescribed by the school. A parent cannot normally defend an unauthorised absence merely by showing that the child's overall attendance record remained reasonably high.

Can a Child Be Taken on holiday During Term Time?

A headteacher may grant a leave of absence during term time only where exceptional circumstances exist.

A family holiday will not normally be regarded as exceptional merely because:

• the holiday is cheaper during term time;
• the parents cannot obtain leave during the school holidays;
• the holiday has already been booked;
• another family member is paying for it;
• it is described as a holiday of a lifetime;
• the child has a good attendance record; or
• the holiday has educational or cultural value.

The decision rests with the headteacher, who must consider the individual circumstances of the request.

What May Count as an Exceptional Circumstance?

The law does not provide a complete list of exceptional circumstances.

Possible examples may include:

• a serious family emergency;
• a close family bereavement;
• attendance at a funeral;
• a significant religious observance;
• urgent circumstances connected with a parent serving in the Armed Forces; or
• another genuinely unusual and unavoidable event.

Even where the reason is exceptional, the headteacher decides whether leave should be authorised and, if so, for how long.

Each application should be assessed on its own facts rather than under a policy that automatically approves or refuses every request.

How Should Parents Apply?

A request should be made to the school in advance and should explain:

• the reason for the proposed absence;
• why it cannot take place during a school holiday;
• the dates requested;
• the relationship of anyone affected by the circumstances;
• any supporting evidence; and
• whether similar leave has previously been requested.

Parents should not assume that silence from the school amounts to permission.

Where the headteacher refuses the request, taking the child away will normally result in the absence being recorded as unauthorised.

Illness and Medical Absence

A child may be absent if they are genuinely too ill to attend school.

Parents should notify the school as soon as possible and follow its absence-reporting procedure.

Schools should not routinely require medical evidence for every short illness. However, evidence may reasonably be requested where:

• the authenticity of the illness is in doubt;
• absence is frequent or prolonged;
• the school needs information to provide support;
• a medical appointment affects attendance; or
• there is a continuing health condition.

Evidence might include an appointment card, prescription, hospital letter or other appropriate confirmation. A parent should not necessarily be expected to obtain a doctor's note for an ordinary short-term illness.

Other Authorised Absences

Absence may also be authorised or recorded under a recognised attendance code where the circumstances satisfy the applicable rules.

Examples may include:

• religious observance;
• medical or dental appointments that cannot reasonably be arranged outside school hours;
• participation in an approved educational activity;
• attendance at another educational setting;
• temporary school closure;
• transport problems where the council has a duty to provide transport;
• some employment or performance activities for which a licence has been granted; or
• exceptional leave approved by the headteacher.

Where possible, routine appointments should be arranged outside school hours.

The National Penalty Notice Framework

A national framework for school-attendance penalty notices took effect in England on 19 August 2024.

It was introduced to make enforcement more consistent between local authority areas.

The national threshold is generally met where a child records 10 unauthorised sessions within a rolling period of 10 school weeks.

There are normally two attendance sessions in each school day, so 10 sessions are equivalent to five school days.

The sessions do not have to be consecutive. They may result from:

• one unauthorised five-day holiday;
• several shorter absences;
• unauthorised late arrival after registration has closed; or
• a combination of different unauthorised absences.

The 10-school-week period may span different terms or school years.

Is a Fine Automatic?

Meeting the national threshold means that a penalty notice must be considered. It does not necessarily mean that one will be issued automatically in every case.

The school and local authority should consider:

• whether support is appropriate;
• whether support has already been offered;
• whether a penalty notice is likely to improve attendance;
• the reasons for the absence;
• the parent’s conduct;
• the child’s individual circumstances; and
• the local authority’s code of conduct.

Where the absence is a deliberate unauthorised term-time holiday, support may not be considered appropriate before a penalty notice is issued.

How Much Is the Fine?

For a first penalty notice issued to a parent for the same child within three years:

• the penalty is £80 if paid within 21 days; and
• it rises to £160 if paid after 21 days but within 28 days.

A second penalty notice issued to the same parent for the same child within three years is £160. There is no reduced £80 payment option for the second notice.

Penalty notices are generally issued to each parent for each affected child.

For example, if two parents take two children on an unauthorised holiday, each parent could receive a separate notice for each child, resulting in four fines.

What Happens After Two Penalty Notices?

A parent can receive no more than two penalty notices for the same child within a rolling three-year period.

If further unauthorised absence occurs and legal intervention is considered necessary, the local authority must consider another form of action rather than issuing a third penalty notice.

This may include:

• prosecution;
• an education supervision order;
• an attendance contract;
• an attendance prosecution case conference; or
• other formal attendance action.

What Happens if a Penalty Notice Is Not Paid?

A penalty notice must normally be paid in full within 28 days.

It is not an ordinary debt that the council simply pursues through civil debt-recovery procedures.

If it is not paid, the parent may be prosecuted for the original school-attendance offence.

The court will then consider the underlying unauthorised absence rather than merely whether the parent failed to pay the notice.

Can a Parent Appeal a Penalty Notice?

There is no general statutory appeal procedure against a school-attendance penalty notice.

A parent who believes that a notice was issued incorrectly should contact the issuing authority immediately and provide the relevant evidence.

A notice may potentially be withdrawn where it:

• was issued to the wrong person;
• should not have been issued under the applicable code;
• contains a material error; or
• was issued in circumstances where the legal conditions were not met.

Refusing to pay to contest the allegation carries a risk of prosecution and a higher financial penalty. Legal advice should be obtained before taking that course.

Prosecution for Irregular Attendance

Section 444 of the Education Act 1996 creates offences relating to a registered pupil's failure to attend school regularly.

For the basic offence, a parent can be fined by the magistrates' court.

A more serious offence may be charged where the parent knew that the child was failing to attend regularly and failed without reasonable justification to secure attendance.

Depending on the offence and circumstances, the court may impose:

• a fine;
• a parenting order;
• a community sentence;
• costs and a victim surcharge; or
• in the most serious cases, imprisonment.

A conviction is more serious than paying a penalty notice and can result in a criminal record.

Who Is Legally Treated as a Parent?

For education-law purposes, the term "parent" can extend beyond a child's biological mother and father.

It can include:

• a person with parental responsibility;
• a person who has care of the child;
• a step-parent in some circumstances;
• a relative with whom the child lives; or
• another adult responsible for securing the child’s attendance.

More than one adult may therefore be held responsible for the same absence.

What Did the Supreme Court Decide?

In Isle of Wight Council v Platt, the father took his daughter out of school for seven days without the headteacher's permission.

He argued that her overall attendance remained sufficiently high for her to have attended school regularly.

The Supreme Court rejected that interpretation.

It decided that "regularly" means in accordance with the rules prescribed by the school. Otherwise, parents could decide for themselves how much unauthorised absence was acceptable, making consistent enforcement extremely difficult.

The judgment did not create a new prohibition on term-time holidays. It clarified the existing legal duty to secure regular attendance.

Does a Good Attendance Record Prevent a Fine?

No.

A strong previous attendance record may form part of the background considered by the school or local authority, but it does not create a legal entitlement to term-time leave.

A child with otherwise perfect attendance can still accumulate 10 unauthorised sessions through one five-day holiday and meet the national threshold for consideration of a penalty notice.

What About the Educational Value of Travel?

Travel can provide valuable cultural, historical and personal experiences.

However, parents cannot normally substitute a family holiday for the education provided by the school during term time.

The headteacher must apply the legal test of exceptional circumstances rather than decide whether the holiday would be enjoyable or educational.

Why Are Holidays More Expensive During School Breaks?

Prices frequently rise during school holidays because large numbers of families are seeking flights and accommodation at the same time.

This can create a substantial financial difference between term-time and school-holiday travel.

However, the cost of the holiday is not normally treated as an exceptional circumstance justifying absence.

The legal duty concerns school attendance rather than the pricing practices of travel businesses.

Are the Rules the Same Everywhere in the UK?

No.

The national penalty notice framework described in this article applies in England.

Education and school-attendance law differs in:

• Wales;
• Scotland; and
• Northern Ireland.

Parents should check the rules that apply where the child attends school.

Can Schools Apply Different Policies?

Schools can publish their own attendance procedures, but they must operate within the legislation and statutory guidance.

The introduction of the national framework has reduced some of the previous variation between local authorities, particularly concerning:

• the threshold for considering a penalty notice;
• the amount of the penalty;
• repeat notices; and
• the limit of two notices within three years.

There can still be differences in how individual exceptional-circumstances applications are decided because each case depends on its facts.

Support Before Enforcement

The current statutory guidance adopts a support-first approach where poor attendance is caused by barriers that the child or family needs help to overcome.

Schools and councils should work with families where absence is linked to matters such as:

• physical or mental health;
• special educational needs or disabilities;
• bullying;
• transport difficulties;
• family crisis;
• housing problems;
• anxiety or emotionally based school avoidance; or
• safeguarding concerns.

Enforcement should not replace appropriate help where genuine barriers prevent attendance.

However, an unauthorised holiday is commonly treated differently because it is normally a deliberate parental decision rather than a barrier requiring support.

What Should Parents Do if Attendance Is Becoming Difficult?

Parents should contact the school at an early stage rather than allowing absence to accumulate.

They should explain:

• why the child is struggling to attend;
• whether the problem is medical, educational or social;
• what support has already been sought;
• whether the child has special educational needs;
• whether bullying or safeguarding concerns exist; and
• what practical assistance may improve attendance.

Keep copies of correspondence, medical information, meeting notes and attendance plans.

When May Legal Advice Be Needed?

Legal advice may be appropriate where:

• a parent is threatened with prosecution;
• a penalty notice appears to have been issued unlawfully;
• the school has incorrectly recorded authorised absence as unauthorised;
• illness or disability has not been properly considered;
• the child has unmet special educational needs;
• the parent faces an education supervision order;
• the identity of the legally responsible parent is disputed; or
• the council alleges the more serious attendance offence.

The Current Position

Parents should not rely on the old High Court ruling that suggested a child's overall attendance percentage could defeat a prosecution.

That decision was overturned by the Supreme Court in 2017.

A holiday during term time can be authorised only where the headteacher considers that exceptional circumstances justify the leave.

Since August 2024, a national framework has generally required a penalty notice to be considered when a child accumulates 10 unauthorised sessions within 10 school weeks.

The first notice is £80 if paid promptly, while repeat unauthorised absence can lead to a £160 notice or prosecution.

Finding an Education Law Solicitor

Use the search facility at the top of this page to find an education law solicitor who can advise on school attendance, penalty notices, prosecution, special educational needs or disputes concerning authorised absence.

Disclaimer

Solicitors.com is not a firm of solicitors. This article provides general information about school-attendance law in England and does not constitute legal advice. Different rules apply in Wales, Scotland and Northern Ireland, and individual school-attendance cases depend on their facts.

Feedback

If you believe this page contains an error or requires updating, don't hesitate to get in touch with us. We welcome amendments that help keep our legal information accurate and useful.