Parents get criminal record for taking children away during term time
A couple have been given criminal records for taking their children on holiday to Australia during term time.
The couple, from Coventry, had denied committing an offence under Section 44 of the 1996 Education Act and appeared separately at Nuneaton Magistrates Court this week.
According to the Coventry Telegraph, the court ruled that the couple could not be identified to protect the children from the publicity.
The mother was convicted after a trial and given a 12-month conditional discharge.
The father, who later changed his plea to guilty, was given a 10-month conditional discharge.
They were also told to pay £800 towards prosecution costs.
The family went to Australia for three weeks last October, which coincided with a week of half-term, but included 13 days of unauthorised absence.
Speaking after the hearing the mother said the magistrate gave the fairest verdict under the current laws.
But she said the laws are flawed and she would fully support any campaign to call for a judicial review.
"I still feel I did the right thing for my children at the right time," she added.
The mother said that her terminally ill mother-in-law had been living with the family at the time and it was causing "a huge effect on the children."
A holiday to see her sister and other relatives in Australia was planned to give them respite, she said.
Following new guidelines, introduced by the government last September, the school headteacher had refused to give permission.
Amy Jackson, prosecuting on behalf of Coventry City Council, told magistrates the only legal justification for children of compulsory school age being absent during term time was "for sickness or an unavoidable cause".
On the family’s return, a council enforcement notice was issued with a total fine of £240. When this was not paid, the prosecution began.
The court decision comes as a survey by the Nationwide building society found more than one in three parents are risking fines and prosecution because they will not, or cannot afford to take holidays during the peak season.
It found one in five are telling lies to hide what they are doing by blaming their child’s absence down to an invented illness.
Some 72% of those breaking the rules said the sole reason is because of the high cost of holidays during the official school summer holidays.
Bev
Editor in chief Bev Fearis has been a travel journalist for 25 years. She started her career at Travel Weekly, where she became deputy news editor, before joining Business Traveller as deputy editor and launching the magazine’s website. She has also written travel features, news and expert comment for the Guardian, Observer, Times, Telegraph, Boundless and other consumer titles and was named one of the top 50 UK travel journalists by the Press Gazette.
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