Term time leave of absence request

The current law does not give any entitlement to parents to take their child out of school during term time.  The Education (Pupil Registration) (England) (Amendment) Regulations 2013 prohibits Head Teachers granting leave of absence to a pupil except where an application has been made in advance and the Head Teacher considers that there are exceptional circumstances relating to the application.   

If parents take their child out of school during term time and the absences are not authorised, the Local Authority may issue a penalty notice to each parent of £60 for each child to be paid within 21 days.  If the penalty is not paid within the time scale the penalty will increase to £120.  If the higher penalty is not paid within 28 days, the Local Authority will then institute legal proceedings against the parent in the magistrate’s court under Section 444 of the Education Act 1996 for failing to ensure a child attends school regularly. 

Please note:  If a parent has previously received a Penalty Notice for an offence of failing to ensure regular school attendance or been the subject of a prosecution for any child in relation to irregular school attendance, they may not be given the opportunity to pay a further Penalty Notice; and the case may proceed directly to court.