Platt fears battle against term-time holiday fines is lost
The Supreme Court has reserved judgment on a father’s legal challenge to fines for parents who take their children on holiday during term time without their headteacher’s permission.
However, dad Jon Platt said following yesterday’s hearing that he fears he has lost the case after the local authority, backed by the government, argued that a child’s unauthorized absence from school ‘for even a single day or even a half a day’ can amount to a criminal offence.
Platt, who lives in the Isle of Wight, was taken to court by his local council after he had refused to pay a £120 fine for taking his daughter on holiday to Florida during term-time without her head’s permission.
He successfully argued in the High Court last May that the law only requires that parents ensure children attend school ‘regularly’.
As his daughter had over 90% attendance, the High Court cleared him off any offence and since the ruling, several councils across the country have relaxed their rules on term-time holidays.
However, Isle of Wight, backed by the Education Secretary, brought the case to the Supreme Court where the council’s barrister Martin Chamberlain yesterday argued that all pupils had to be in school ‘at all times when required and in accordance with the rules’.
He said: "Absence for even a single day, or even half a day, would constitute an offence."
After the hearing, Platt posted on Facebook: "Gut instinct…. I think we may have lost if I’m honest!! The Justices asked a very pertinent question, ‘why were we suggesting that the requirement of 100% attendance is ABSURD… what’s wrong with requiring children to attend every day that the school requires it’. To me that seems ominous."
Writing on the Facebook page, Jon Platt – School Fines Refunds, he claimed there were 12.8 million unauthorized absences last year. "The actions of all those parents will have been CRIMINAL if we lose. Going forward I predict thousands of parents will opt to de-register their children from school and either put them in private education or home educate."
Urging parents to write to their county councilors, he said: "Ask them to give an undertaking that if you vote for them they will insist that the code of conduct in respect of unauthorised absence allows for a reasonable interpretation… that parents will not face fines or prosecution if their children have better than 90% attendance.
"Most county council elections are decided by a few hundred votes. You can change policy in your area but only if you vote and make your views known to those standing for election."
The court president Lord Neuberger said it would give its judgment ‘in due course’.
Linsey McNeill
Editor Linsey McNeill has been writing about travel for more than three decades. Bylines include The Times, Telegraph, Observer, Guardian and Which? plus the South China Morning Post. She also shares insider tips on thetraveljournalist.co.uk
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