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| Term-time holiday father wins at High Court | Term-time holiday father wins at High Court |
| (35 minutes later) | |
| A father who refused to pay a £120 fine for taking his daughter on an unauthorised term-time holiday has won a High Court ruling in his favour. | A father who refused to pay a £120 fine for taking his daughter on an unauthorised term-time holiday has won a High Court ruling in his favour. |
| Magistrates had ruled that Jon Platt had no case to answer as, overall, his daughter had attended school regularly. | Magistrates had ruled that Jon Platt had no case to answer as, overall, his daughter had attended school regularly. |
| Isle of Wight Council had asked the High Court to clarify whether a seven-day absence amounted to a child failing to attend regularly. | Isle of Wight Council had asked the High Court to clarify whether a seven-day absence amounted to a child failing to attend regularly. |
| The government says it will now look to change the law. | The government says it will now look to change the law. |
| "We will look at the judgement in detail but are clear children's attendance is non-negotiable so we will now look to change the law," said a spokesman for the Department for Education. | "We will look at the judgement in detail but are clear children's attendance is non-negotiable so we will now look to change the law," said a spokesman for the Department for Education. |
| Lord Justice Lloyd Jones and Mrs Justice Thirlwall dismissed the council's challenge, ruling that the magistrates had not "erred in law" when reaching their decision. | Lord Justice Lloyd Jones and Mrs Justice Thirlwall dismissed the council's challenge, ruling that the magistrates had not "erred in law" when reaching their decision. |
| They ruled that the magistrates were entitled to take into account the "wider picture" of the child's attendance record outside of the dates she was absent during the holiday. | They ruled that the magistrates were entitled to take into account the "wider picture" of the child's attendance record outside of the dates she was absent during the holiday. |
| "I am obviously hugely relieved," said Mr Platt, speaking outside court after the ruling. | "I am obviously hugely relieved," said Mr Platt, speaking outside court after the ruling. |
| "I know there was an awful lot riding on this. Not just for me but for hundreds of other parents." | "I know there was an awful lot riding on this. Not just for me but for hundreds of other parents." |
| Isle of Wight Council said the ruling left uncertainty and concern over the system and urged the Department for Education to look at it urgently. | |
| 'Tougher regulations' | 'Tougher regulations' |
| Since 2013, tougher government regulations have meant head teachers can only grant leave of absence to pupils during term time in "exceptional circumstances". | Since 2013, tougher government regulations have meant head teachers can only grant leave of absence to pupils during term time in "exceptional circumstances". |
| Term-time holiday: What are the rules? | Term-time holiday: What are the rules? |
| According to local authority data, almost 64,000 fines were issued for unauthorised absences between September 2013 and August 2014. | According to local authority data, almost 64,000 fines were issued for unauthorised absences between September 2013 and August 2014. |
| 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 the rules are needed because missing lessons can harm pupils' chances of getting good qualifications. | 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 the rules are needed because missing lessons can harm pupils' chances of getting good qualifications. |
| Florida holiday | Florida holiday |
| Mr Platt, 44, took his daughter to Disney World in Florida in April 2015 | Mr Platt, 44, took his daughter to Disney World in Florida in April 2015 |
| Her school, on the Isle of Wight, had refused permission for the trip but he took her anyway and she missed seven days of lessons. | Her school, on the Isle of Wight, had refused permission for the trip but he took her anyway and she missed seven days of lessons. |
| Mr Platt was issued with a £60 fixed penalty fine. | Mr Platt was issued with a £60 fixed penalty fine. |
| After he missed the payment deadline, the council doubled the fine to £120 which he also refused to pay. | After he missed the payment deadline, the council doubled the fine to £120 which he also refused to pay. |
| Isle of Wight Council then prosecuted him for failing to ensure that his daughter attended school regularly, contrary to section 444(1) of the Education Act 1996. | Isle of Wight Council then prosecuted him for failing to ensure that his daughter attended school regularly, contrary to section 444(1) of the Education Act 1996. |
| Mr Platt successfully argued there was no case to answer as the prosecution had failed to show that the child did not attend regularly. | Mr Platt successfully argued there was no case to answer as the prosecution had failed to show that the child did not attend regularly. |
| Even with this and other absences, Mr Platt maintains her attendance remained above 90% - the threshold for persistent truancy defined by the Department for Education. | Even with this and other absences, Mr Platt maintains her attendance remained above 90% - the threshold for persistent truancy defined by the Department for Education. |
| The magistrates heard that the girl had also been removed from school earlier in the year for an unauthorised holiday by her mother, from whom Mr Platt is divorced, so her attendance record for the year was only just above 90%. | The magistrates heard that the girl had also been removed from school earlier in the year for an unauthorised holiday by her mother, from whom Mr Platt is divorced, so her attendance record for the year was only just above 90%. |
| However, the February absence was not part of the council's case against Mr Platt. | However, the February absence was not part of the council's case against Mr Platt. |
| At the magistrates' court, Mr Platt argued that it was not a crime to remove a child from school for a holiday. | At the magistrates' court, Mr Platt argued that it was not a crime to remove a child from school for a holiday. |
| The question was whether the child had failed to attend regularly and the act does not define "regularly". | The question was whether the child had failed to attend regularly and the act does not define "regularly". |
| 'Pivotal' | 'Pivotal' |
| The magistrates asked the High Court: "Did we err in law in taking into account attendance outside of the offence dates... as particularised in the summons when determining the percentage attendance of the child?" | The magistrates asked the High Court: "Did we err in law in taking into account attendance outside of the offence dates... as particularised in the summons when determining the percentage attendance of the child?" |
| Mr Platt crowdfunded £25,000 to cover legal costs and earlier described the £13,000 he has so far paid as "money well spent". | Mr Platt crowdfunded £25,000 to cover legal costs and earlier described the £13,000 he has so far paid as "money well spent". |
| Craig Langman, chairman of the Parents Want a Say campaign against the term-time holiday ban in England, called the court case "a pivotal moment". | Craig Langman, chairman of the Parents Want a Say campaign against the term-time holiday ban in England, called the court case "a pivotal moment". |
| Are you a parent who has taken a child on holiday during term-time? Let us know about your experiences. Email haveyoursay@bbc.co.uk with your stories. | Are you a parent who has taken a child on holiday during term-time? Let us know about your experiences. Email haveyoursay@bbc.co.uk with your stories. |
| Please include a contact number if you are willing to speak to a BBC journalist. You can also contact us in the following ways: | Please include a contact number if you are willing to speak to a BBC journalist. You can also contact us in the following ways: |
| Or please use the form below: | Or please use the form below: |