Rules over school fines and court prosecution if your child misses lessons to go on holiday

Parents are being warned about fines and even court prosecution if they take their children on holiday during term time.

Some families may choose to book holidays during the school term to avoid the extortionate costs of peak travel seasons. But this can result in a financial penalty or court action.

The Government says you can only allow your child to miss school if either they’re too ill to go in or you have advance permission from the school. There may be other exceptional circumstances where you can ask to take your child out of class. Your school will consider each application and may let you take your child out.

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"A holiday is generally not considered an exceptional circumstance," the Government adds. "You cannot usually take your child away during term time. You can be fined or face legal action for taking your child on holiday during term time."

Below, we have summarised the legal action that can be taken and the level of fines. This is followed by tips from Nick Drewe, a discount expert at Wethrift, on ways to reduce holiday costs.

Nick said: "We're living in particularly tough times financially, so term-time holiday deals have often been a lifeline for families who want to get away without breaking the bank. These new fines, however, make that option much harder for many households."

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What can happen if your child misses school without good reason

Local councils and schools can use various legal powers if your child is missing school without a good reason. They can give you a Parenting Order, an Education Supervision Order, a School Attendance Order or a fine. You can be given one or more of these but the council does not have to do this before prosecuting you.

Parenting Order

This means you have to go to parenting classes. You’ll also have to do what the court says to improve your child’s school attendance.

Education Supervision Order

If the council thinks you need support getting your child to go to school but you’re not co-operating, they can apply to a court for an Education Supervision Order. A supervisor will be appointed to help you get your child into education. The local council can do this instead of prosecuting you, or as well.

School Attendance Order

You’ll get a School Attendance Order if the local council thinks your child is not getting an education. You have 15 days to provide evidence that you’ve registered your child with the school listed in the order or that you’re giving them home education. If you do not, you could be prosecuted or given a fine.

Fine

Your council can give each parent a fine of £80, rising to £160 if you do not pay within 21 days. From the 2024 to 2025 school year, each parent will only get up to two fines for the same child in a 3-year period.

If you get a second fine in three years it will be £160. If you do not pay the fine in 28 days you may be taken to court for keeping your child out of school. If your child is off school three or more times within the three years you will not be fined but may be taken to court.

What can happen if you’re taken to court

You could get a fine of up to £2,500, a community order or a jail sentence of up to three months. The court could also give you a Parenting Order.

How to reduce holiday costs

Nick Drewe, from Wethrift, has offered the following cost-cutting tips for families:

1. Look for last-minute deals

"Last-minute holidays are often cheaper as a result of travel and airline companies trying to fill their empty rooms and seats. It is much more cost-effective for them to make some money than no money, so most of the time customers can take advantage of last-minute discounts.

"When planning your next family break, consider booking it right before you plan on setting off. If you’re flexible with dates within the six-week holiday period, this can facilitate even better savings."

2. Consider all-inclusive or package holidays

"With all-inclusive holidays or flight, hotel, and transfer package deals, the majority of your expenses are grouped together, making it easy for you to save. It also means that, once you’ve paid it off, your expenses are little to none whilst you’re there. Booking last-minute all-inclusive holidays can allow you to save even more."

3. Consider alternative accommodations

When most of us think of holidays, our minds instantly go to staying in a hotel. However, Nick suggests that thinking outside the box can help you cut costs.

He said: "Stay open-minded when it comes to accommodation. The likes of apartment hotels, bed and breakfasts, and Airbnb's can allow for a much cheaper holiday, while still offering a comfortable stay. With Airbnb, you can even message the host to negotiate the overall price of your stay. While it doesn’t work every time, it’s certainly worth giving a go!"

4. Take advantage of reward schemes

"Many of us are accumulating points via reward schemes that we’re not even aware of. For instance, Nectar points can be spent on a number of travel-related things, from flights to supermarket holiday essentials. So, if you’re aiming to keep holiday costs low in the six-week holidays, take a look at your reward scheme balances, as there may be some unexpected help at hand."

5. Avoid tourist hotspots

"The likes of Paris, Rome, and Barcelona are undoubtedly great places to visit, but their popularity amongst tourists means they typically have a higher price tag. There is so much beauty waiting to be discovered in smaller destinations, and they make amazing holidays. Not only are many of them much more affordable, but they also make for an experience unique to you and your family! Bologna, Granada, and Dubrovnik are just a few of the places that you can discover on a budget."

6. Get creative with your transport

"Flights are often one of the most expensive parts of a holiday, but it’s not necessary to fly to enjoy a getaway. Holidays can be more affordable when using other transportation methods, whilst not compromising on fun. Ferries, campervans, and coaches can get you to a whole host of destinations on a budget, from staycations to European getaways.

"What’s more, the travel to and from your destination becomes part of the holiday experience! Looking out the window at your surroundings, taking pit stops, and making memories with your family all help to make your holiday memorable."

7. Choose affordable activities

"Activities like amusement parks and expensive guided tours are undoubtedly an excellent part of any holiday, but they’re far from the only ways to have fun. Take the time to look into the free parks, museums, and walking tours your destination has to offer. Not only is this a great way to save on your travels, but it is also a great way to soak up the culture."