The new rules for parents who take kids on holiday during term-time and a possible 'loophole'

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-Credit: (Image: Kenny Brown | Manchester Evening News)


Parents are being warned of new guidance being issued to schools advising them when to consider issuing a fixed penalty if children are taking on holiday during term-time.

The Department for Education has introduced new attendance guidance for schools for managing and supporting school attendance. They have also introduced a new national framework for penalty notices and amended the law.

The changes came into effect from the August 19 and all schools across the country are expected to follow the new statutory guidance.

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Many parents choose to book summer holidays during term-time because of the lower cost with an increase in term-time holidays last year. However, while they risk a fine, the new guidance reveals what some have described as a 'loophole'.

If a student is absent for five days or more then the school is required to refer the matter for the consideration of a Penalty Notice being issued by the Local Authority. A parent at one Lancashire school told LancsLive: "In theory that means that, as long as your child hasn't had any unauthorised absences already that term, you could book a holiday to start four days before the end of the year and not be reported to the local authority."

School do not benefit financially from any fines issued as whilst all the paperwork has to be completed by the schools the fines are issued by the local authority and monies received goes to them.

The changes

  • Penalty notices issued for offences that take place after 19th August 2024 will be charged at a new rate of £160 per parent per child. This can be paid at £80 if paid within 21 days.

  • A second penalty notice issued to the same parent, for the same child, within a rolling 3-year period will be issued at the rate of £160 to be paid within 28 days, with no option for a discounted rate. This means if you book two holidays in three years that the fine will be £160 per parent per child with no reduction

  • The threshold at which a penalty notice must be considered is set at 10 sessions (equivalent to 5 days) of unauthorised absence within a rolling 10-school week period . This may include absences as a result of arriving late after the register closes. The 10 school weeks may span different terms or academic school years e.g. July-October.

A maximum of 2 penalty notices may be issued to a parent for the same child within a rolling 3-year period, so at the 3rd (or subsequent) offence(s) another course of action will need to be considered (such as prosecution or one of the other attendance legal interventions).

This means that if you take three term time holidays in three years then the local authority will issue court proceedings. Only penalty notices issued for absences taking place after 19th August 2024 will count towards the above thresholds.

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