LEAVE OF ABSENCE DURING TERM TIME
The Supreme Court recently reached a decision in the case of Platt v Isle of Wight Council which has
clarified the law on unauthorised leave, including holidays, during term time. The parents of children of
compulsory school age are required to ensure that they attend school on a regular basis. The Supreme
Court has made clear that attending school ‘regularly’ means t hat the children must attend school on every
day that they are required to do so. As such, the parents of any child who is absent from school without
authorisation for any length of time are likely to be considered as committing an offence under s444 of the
Education Act 1996.
Headteachers retain the ability to authorise leave in accordance with the Education (Pupil Registration)
(England) Regulations 2006. When considering such requests for a leave of absence, the school are obliged
to act within the law. Headteachers may not grant any leave of absence during term time unless there are
exceptional circumstances relating to the application. If the leave is granted, Headteachers are able to
determine the number of school days a child can be absent for.
It is for the Headteacher to decide what is ‘exceptional’ and it is at their discretion if the circumstances
warrant the leave to be granted. The school can only consider Leave of Absence requests which are made
by the ‘resident’ parent.
Each application for a leave of absence will be considered on a case by case basis and on its own merits.
Where applications for leave of absence are made in advance and refused, the child will be required to be in
school on the dates set out in the application. If the child is absent during that period, it will be recorded as
an unauthorised absence, which may result in legal action being taken against the parent(s), by way of a
Fixed Penalty Notice.
Failure to make an application for leave in advance can also result in a Fixed Penalty Notice being issued to
the parent(s).
All matters of unauthorised absence relating to a Leave of Absence will be referred to the Attendance,
Compliance and Enforcement Service of Warwickshire County Council
It is important to note, Fixed Penalty Notices are issued to each parent of each absent child, (for
example 2 children and 2 parents, means each parent will receive 2 invoices in the amount of £120 each,
totalling £240 for both children, this is reduced to £60 per child if paid within 21 days).
Where a Fixed Penalty Notice is not paid within the required timeframe as set out on the notice, the matter
will be referred to Warwickshire County Council’s Legal Services to consider instigating criminal proceedings
under S444 Education Act 1996.
Fixed Penalty Notices are issued in accordance with Warwickshire County Council’s Code of Conduct for
Penalty Notices.
Your child’s progress academically as well as socially is our shared priority