High Court rules in favour of father who took child out of school
Thousands of cases could be revisited following a High Court ruling that a father can take his child on holiday during the school term.
Jonathan Platt was prosecuted under the Education Act 1996, s 444 for taking his daughter to Disney World during term-time. The case was thrown out by the Isle of Wight Magistrates’ Court and the High Court has now ruled in favour of Platt.
Lord Justice Lloyd and Mrs Justice Thirlwall held that the magistrates were entitled to take the “wider picture” into account when deciding what constitutes “regular attendance” for the purposes of the Act.
The Education (Pupil Registration) (England) (Amendment) Regulations 2013 (SI 2013/756) removed headteachers’ discretionary powers to grant up to ten days off per year. Now, exceptional circumstances must apply before children can lawfully be taken out of school in term.
Failing to secure regular attendance is a strict liability offence. A more serious offence exists where a parent knowingly fails to secure regular attendance, and parents can be fined £60-£2,500 or jailed for three months.
Julie Robertson from Simpson Millar solicitors, who acted for Platt, says the decision will “encourage councils to adopt a proportionate and common sense approach before they decide to issue fixed penalties or move to prosecution—processes which have, over the years, placed parents in jeopardy of acquiring a criminal record”.
She says: “This decision gives parents the freedom and comfort to continue to take their children out of school during term time provided that they secure regular attendance on the whole. It is a redefinition of how the law regarding non-attendance at school is applied and that’s a good thing.”
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