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Term-time holiday case heard in Supreme Court | |
(about 11 hours later) | |
A council which lost a High Court case over fining a father who took his daughter on a term-time holiday is having its appeal heard at the Supreme Court. | |
Isle of Wight Council tried to fine Jon Platt £120 for taking his daughter to Florida during the school term. | Isle of Wight Council tried to fine Jon Platt £120 for taking his daughter to Florida during the school term. |
But magistrates backed the father, so the council appealed to the High Court, which again ruled in Mr Platt's favour. | But magistrates backed the father, so the council appealed to the High Court, which again ruled in Mr Platt's favour. |
The Department for Education is meeting the council's legal costs. | The Department for Education is meeting the council's legal costs. |
The legal case rests on what constitutes "regular attendance". | The legal case rests on what constitutes "regular attendance". |
Mr Platt has argued that even after the "once-in-a-lifetime" family trip to Disneyland, his daughter had 90% attendance at school and this argument was accepted by the High Court in May last year. | Mr Platt has argued that even after the "once-in-a-lifetime" family trip to Disneyland, his daughter had 90% attendance at school and this argument was accepted by the High Court in May last year. |
At the time Lord Justice Lloyd Jones said the case "raised a point of law of general public importance". | At the time Lord Justice Lloyd Jones said the case "raised a point of law of general public importance". |
After losing the case the council, at the request of Schools Minister Nick Gibb, applied to the Supreme Court for permission to launch a final legal challenge. | After losing the case the council, at the request of Schools Minister Nick Gibb, applied to the Supreme Court for permission to launch a final legal challenge. |
Toughest rules | Toughest rules |
New guidelines came into force in England in 2013 making the policy on unauthorised term-time absences the toughest in the UK. | New guidelines came into force in England in 2013 making the policy on unauthorised term-time absences the toughest in the UK. |
The change followed concerns that some families had started to see going away in term-time as an entitlement. | The change followed concerns that some families had started to see going away in term-time as an entitlement. |
Under the rules, if a school declares an absence unauthorised, the council can fine each parent £60 per child - and this doubles to £120 if not paid within 21 days. | Under the rules, if a school declares an absence unauthorised, the council can fine each parent £60 per child - and this doubles to £120 if not paid within 21 days. |
Councils in England have varying policies on term-time holiday fines. Some issue thousands of fines - others barely any. | Councils in England have varying policies on term-time holiday fines. Some issue thousands of fines - others barely any. |
The case is forcing many to look again at the detail. | The case is forcing many to look again at the detail. |
Most parents simply pay the fines to avoid prosecution, but Mr Platt says thousands have contacted him for advice on fighting the fines. | Most parents simply pay the fines to avoid prosecution, but Mr Platt says thousands have contacted him for advice on fighting the fines. |
Many parents complain that the cost of going away in the school holidays can be four times as much as during term-time - but the government says there is clear evidence "that every extra day of school missed can affect a pupil's chance of gaining good GCSEs, which has a lasting effect on their life chances". | Many parents complain that the cost of going away in the school holidays can be four times as much as during term-time - but the government says there is clear evidence "that every extra day of school missed can affect a pupil's chance of gaining good GCSEs, which has a lasting effect on their life chances". |
A DfE spokeswoman said the government's position remained that children should not be taken out of school "without good reason". | A DfE spokeswoman said the government's position remained that children should not be taken out of school "without good reason". |
"That is why we have tightened the rules and are supporting schools and local authorities to use their powers to tackle unauthorised absence." | "That is why we have tightened the rules and are supporting schools and local authorities to use their powers to tackle unauthorised absence." |
Ministers are also considering changing the law on term-time absences, depending on the outcome of the case. | Ministers are also considering changing the law on term-time absences, depending on the outcome of the case. |
Judgement is expected during the first part of 2017. | Judgement is expected during the first part of 2017. |