TERM TIME ABSENCE
The duty of a parent in relation to the education of their children is found in the Education Act 1996 Section 7 of the Act which states:
“The parent of every child of compulsory school age shall cause him to receive efficient full time education suitable:
to his or her age, ability and aptitude; and
to any special education needs he may have, either by regular attendance at school or otherwise”.
The expectation in law is that most parents will ensure access to full time education in school. Poor attendance is known to lead to less positive outcomes with children and young people missing out on learning and access to specific support where this is needed.
The government expects schools and local authorities to:
• Promote good attendance and reduce absence, including persistent absence
• Ensure every pupil has access to full-time education to which they are entitled
• Act early to address patterns of absence.
• Parents to perform their legal duty by ensuring their children of compulsory school age who are registered at school attend regularly.
• All pupils to be punctual to their lessons. (DFE School Attendance Guidance 2020)
Statutory Declaration
Legal responsibility
As a parent/guardian I understand all children aged between 5 and 16 are required by law to receive an education, and under the provisions of the Education Act 1996, it is my responsibility as a parent to ensure the regular school attendance of my children and that failure to do so could result in legal proceedings being taken by the Local Education Authority.
I understand that requests for leave can only be granted by schools if there are exceptional circumstances, and holidays are not considered exceptional. They must also be made to the school in advance, as the Department for Education has told schools that they cannot authorise any absences after they have been taken.
Fines
I understand if my request is unauthorised I am most likely to be fined, £60 per parent, £60 per child (for example a family of 4 with 2 parents and 2 children will be fined a total of £240).
Once the penalty notice is issued, I have 21 days in which to pay the fine. If I fail to pay in that time period, the fine will double and I then have another seven days in which to pay, taking the total time in which to make payment to 28 days.
If I fail to make payment after 28 days then the local authority has the power to prosecute me in the magistrate’s court for the offence of failing to ensure my child attends school regularly. A guilty verdict at court can lead to a fine of up to £1000, and a criminal record which can affect employment opportunities.
School places
I am aware that a referral will made to the Local Authority Children Missing from Education Team (CME) if my request is unauthorised and my child hasn’t returned to school on the agreed date. This can result in my child losing their school place.
I am also aware that there is a shortage of places in the area, so if my child loses their school place it could result in having to travel to a school out of area or my child without a school, being a detriment to their education and causing implications to my own employment.