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| School holidays row: supreme court grants council right to appeal | |
| (35 minutes later) | |
| Supreme court justices have granted a council permission to bring a final appeal over the case of a father who successfully challenged a conviction for taking his daughter on holiday in term time. | Supreme court justices have granted a council permission to bring a final appeal over the case of a father who successfully challenged a conviction for taking his daughter on holiday in term time. |
| Jon Platt, from the Isle of Wight, won a landmark decision earlier this year after challenging the Department for Education’s rules barring term-time absences for state school pupils in all but extraordinary circumstances. | Jon Platt, from the Isle of Wight, won a landmark decision earlier this year after challenging the Department for Education’s rules barring term-time absences for state school pupils in all but extraordinary circumstances. |
| Isle of Wight council had attempted to impose a £120 penalty after Platt took his daughter to Disney World in Florida. He took the case to a magistrates court, arguing that his daughter’s attendance record of more than 90% met the requirement of section 444 of the Education Act, that parents ensure their children attend school regularly. He also argued that the law did not place restrictions on parents taking their children on holiday in school time. | Isle of Wight council had attempted to impose a £120 penalty after Platt took his daughter to Disney World in Florida. He took the case to a magistrates court, arguing that his daughter’s attendance record of more than 90% met the requirement of section 444 of the Education Act, that parents ensure their children attend school regularly. He also argued that the law did not place restrictions on parents taking their children on holiday in school time. |
| After Platt won the backing of the magistrates court, the council then appealed to the high court, which in May upheld the earlier decision that parents whose children who attended school regularly could be allowed family absences. | After Platt won the backing of the magistrates court, the council then appealed to the high court, which in May upheld the earlier decision that parents whose children who attended school regularly could be allowed family absences. |
| The court ruled that the magistrates were entitled to take into account the “wider picture” of the child’s attendance record. “I do not consider it is open to an authority to criminalise every unauthorised holiday by the simple device of alleging that there has been no regular attendance in a period limited to the absence on holiday,” said Lord Justice Lloyd Jones. | The court ruled that the magistrates were entitled to take into account the “wider picture” of the child’s attendance record. “I do not consider it is open to an authority to criminalise every unauthorised holiday by the simple device of alleging that there has been no regular attendance in a period limited to the absence on holiday,” said Lord Justice Lloyd Jones. |
| It was a ruling that highlighted the gap between the existing law and the DfE’s tougher regulations introduced in 2013 when Michael Gove was education secretary. “I am obviously hugely relieved,” Platt said at the time. “I know that there was an awful lot riding on this – not just for me but for hundreds of other parents.” | It was a ruling that highlighted the gap between the existing law and the DfE’s tougher regulations introduced in 2013 when Michael Gove was education secretary. “I am obviously hugely relieved,” Platt said at the time. “I know that there was an awful lot riding on this – not just for me but for hundreds of other parents.” |
| But the DfE said it was disappointed by the judgment, and soon thereafter Nick Gibb, the schools minister, formally requested that the Isle of Wight council make an application for permission to appeal. | But the DfE said it was disappointed by the judgment, and soon thereafter Nick Gibb, the schools minister, formally requested that the Isle of Wight council make an application for permission to appeal. |
| The council submitted papers to the supreme court for permission to launch a final legal challenge, arguing that the case raised important issues for schools and families up and down the country. On Wednesday a panel of three justices who reviewed the case decided a hearing should go ahead. There are plans for it to take place early next year. | The council submitted papers to the supreme court for permission to launch a final legal challenge, arguing that the case raised important issues for schools and families up and down the country. On Wednesday a panel of three justices who reviewed the case decided a hearing should go ahead. There are plans for it to take place early next year. |
| The decision is expected to be greeted with scepticism by campaigners, who celebrated the earlier rulings after lobbying against the stricter rules, which removed leeway allowing headteachers to authorise up to two weeks’ term-time holiday a year for pupils with good attendance records. | The decision is expected to be greeted with scepticism by campaigners, who celebrated the earlier rulings after lobbying against the stricter rules, which removed leeway allowing headteachers to authorise up to two weeks’ term-time holiday a year for pupils with good attendance records. |
| Any future changes to legislation would probably mostly involve a definition of “regular” school attendance, possibly in line with the 90% threshold that the DfE requires from schools overall. The department’s definition of truancy is a persistent absence accounting for 10% of school days. | Any future changes to legislation would probably mostly involve a definition of “regular” school attendance, possibly in line with the 90% threshold that the DfE requires from schools overall. The department’s definition of truancy is a persistent absence accounting for 10% of school days. |