William Eichler 06 April 2017

Supreme Court supports council in term-time holiday legal battle

Isle of Wight Council has welcomed today’s ruling that its decision to fine a father who took his daughter on an unauthorised term-time holiday was legal.

The Supreme Court has upheld the council’s appeal against an earlier High Court decision which ruled in favour of Jon Platt, who had refused to pay a £120 fine for taking his daughter out of school for a week in Florida.

The father argued his daughter had a good attendance record and so should be allowed to take time off without the school’s permission.

A council spokesman welcomed the ruling and said: ‘The Supreme Court’s judgment provides much needed clarity about what constitutes regular attendance at school, to schools, parents and local education authorities.

‘The Isle of Wight Council will ensure it continues to apply its code of conduct in relation to school absence and in accordance with this judgment.’

The Local Government Association (LGA) welcomed the clarity provided by the ruling, but urged the Government to ensure its guidance was updated to reflect it.

‘Today’s ruling by the Supreme Court provides further clarity but it is important that the Department for Education works with schools and councils to avoid any further doubt about the law,’ said Cllr Richard Watts, chair of the LGA’s Children and Young People Board.

‘What is needed is certainty for parents, teachers and councils, so that head teachers have the confidence to approve or reject requests for term-time leave in the best interests of pupils.

‘The guidance provided to schools needs to be urgently updated to reflect the judgement. I will be seeking an urgent meeting with the Department to ensure further clarity is provided for all involved.’

The council’s appeal was funded by the Department of Education (DoE) because of the case’s national importance.

Responding to the Supreme Court’s decision, a DoE spokesperson said: ‘We are pleased the Supreme Court unanimously agreed with our position – that no child should be taken out of school without good reason.

‘As before, head teachers have the ability to decide when exceptional circumstances allow for a child to be absent but today’s ruling removes the uncertainty for schools and local authorities that was created by the previous judgment.’

‘The evidence shows every extra day of school missed can affect a pupil’s chances of achieving good GCSEs, which has a lasting effect on their life chances,’ the spokesperson continued.

‘We will examine the judgment carefully and will update schools and local authorities as soon as possible so they are clear what the judgment means for them.’  

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