Taking your children out of school during term time could land you in detention

2nd September 2021

With the huge rise in staycations and the dramatic increase in cost of holidays in the UK, an increasing number of parents will be tempted to take their children out of school to benefit from cheaper deals that can be found by holidaying during term time.

However, by doing so, parents run the risk of heavy fines and potentially even imprisonment.  According to a BBC report, during the 2017/2018 academic year, Local Education Authorities in England issued almost 223,000 fines for children being taken out of school for term-time breaks – a rise of 93% on the previous year.

Molly-Ellen Turecek from DAS Law explains the circumstances that permit an absence during term time and the penalties parents can face if they are found not to have complied with the law.

What is the legal position on when children can be taken out of school?

The legalities of when a child must attend school and enforcement of the law in this area depends on the Local Education Authority (LEA) and also whether you are in England, Wales, Scotland or Northern Ireland. Private schools are also able to set their own rules.

The only current exceptions where a child can miss school lawfully are when the child is too ill to attend school, or if the parent has had advance consent from the school rendering their absence as “authorised”.

Guidance issued by the Department for Education defines “authorised absence” as “approval in advance for a pupil of compulsory school age to be away or has accepted an explanation offered afterwards as justification for absence.”

How do parents get permission for a child to be taken out of school during term time?

In order to have consent from the school a written application must be made in advance addressed to the head teacher of the school. Only in exceptional circumstances will a head teacher authorise absence during term time, including:

  • acute family trauma
  • terminal illness or death of a family member
  • if a family member serves in the armed forces

It is unlikely that a parent being unable to take holidays outside of the school term would be enough to be granted authorised absence, unless the parents in question are armed forces personnel with restrictions to term time only holidays.

What powers do local authorities have and what is their part in the process?

The decision to grant an authorised absence, and for how long, ultimately lies with the head teacher. In England and Wales, head teachers must submit details of each child’s attendance to the local authority and can make recommendations for sanction where attendance is low or absence is unauthorised.

When a request is submitted, the local authority will decide whether to issue a fine or sanction with an order. They have various powers that can be used, particularly where no good reason is given to justify the child’s absence. Sanctions are applied on a discretionary basis and include fines of £60, rising to £120 in the event of non-payment within 21 days. Notice of intended prosecution can be issued if payment is not made after 28 days.

What happens if a case is pursued through the courts?

If the case escalates to court action and if found guilty, parents can end up with a criminal record, face a fine of up to £2,500, and even imprisonment of up to three months. Careful consideration therefore is needed when deciding whether to argue against any penalty charges that are issued.

Molly-Ellen Turecek, Legal Advisor with DAS Law said: “Children missing school to go on holiday conflicts directly with the responsibility of schools to ensure proper attendance levels.

“Each individual circumstance is considered on a case-by-case basis, and providing the child has a good attendance, it seems that it would be unlikely that less than five days absence would be a cause for concern. However, the ultimate decision remains with the head teacher and local authority to ascertain whether a sanction would be necessary and this would generally be established by the overall attendance of the child for the academic year.”

About DAS Householdlaw

DAS Householdlaw can help policyholders create a range of documents such as ready-to-sign contracts (with built in e-signature functionality), agreements, policies and letters.

Customers can also access guidance on a wide range of legal matters such wills and probate, consumer rights, property lettings, divorce, contesting parking tickets, holiday and flight compensation, neighbour disputes and identity theft & fraud.

How to register

  • Visit dashouseholdlaw.co.uk
  • Enter the voucher code found in your policy documentation into the ‘First time using DAS Householdlaw?’ box and click ‘Validate Voucher.
  • Fill out your name, email address and create a password, and then validate the confirmation email sent out.

Disclaimer: This information is for general guidance regarding rights and responsibilities and is not formal legal advice as no lawyer-client relationship has been created. Note that the information was accurate at the time of publication but laws may have since changed.

Taken ill on holiday? What to do if you have a genuine travel insurance claim

Nicole Rogers from DAS Law explains what you need to know about claiming on your insurance or taking legal action if you get sick on holiday.

July 2019 Learn more
Know your rights before buying ‘bargain’ holidays

How can you avoid becoming a victim of a holiday scam? And what if unforeseen circumstances force you to cancel a holiday that has already been paid for in advance?

May 2019 Learn more
5 things you need to know about home schooling

What does the law say when it comes to parents taking on the challenge of home schooling their children?

February 2018 Learn more

Read more from the DAS Law blog

General advice , Protecting your business 5 things you need to know about missing the self-assessment tax return deadline

With 31 January deadline fast approaching, time is ticking for the UK’s 5.4m tax payers to submit their Self-Assessment tax returns.

January 2024
General advice , Motorcycling What to do if the council won’t fix the potholes on your road

Corey Evans, Associate at DAS Law clarifies the legal position around damage caused by potholes and the possible repercussions for those who seek to resolve them themselves.

January 2024
General advice , Employment disputes Be on your best behaviour at your work Christmas party

Charlotte Ellis. Legal Adviser at DAS Law, looks at the rules surrounding the office Christmas party.

December 2023
General advice , Property disputes How far you can legally go to stop someone from playing a trick on you this Halloween

Halloween is generally a ‘spooktacular’ time for all but a few bad apples can spoil the fun. So what can you do if someone chooses to play a trick and damages your property?

October 2023
Holiday disputes Compensation rules for lost or damaged luggage

If you have your luggage damaged or lost altogether, you may be able to claim compensation from the airline or through your travel insurance provider.

August 2023
Holiday disputes Compensation for flight delays and cancellations

Are passengers eligible for compensation and under which circumstances can they make a claim? Anthony Di Palma, Solicitor at DAS Law, has the answers.

July 2023
Holiday disputes Make sure your car is safe when you use valet parking

Elisa Ribeiro has guidance on how you can avoid bad valet parking practices when you book your summer holiday.

July 2023
General advice Facial recognition cameras – what your rights are

Where does the law stand on the use of facial recognition software? Elisa Ribeiro, legal adviser at DAS Law, tells you what you need to know.

May 2023
General advice , Motorcycling Motoring offences: drivers need to keep up to speed on the rules of the road

Breaking any speed limit (including temporary speed limits) is an offence, and it is the driver’s responsibility to be aware of the law.

April 2023
Road traffic accidents , General advice Highway Code updates for autonomous vehicles

As the emphasis on electric vehicles (EVs) increases and the technology behind automated vehicles evolves, the Highway Code has been updated to include key guidance on the new types of vehicles on our roads.

September 2022
General advice Let’s get this royal street party started!

Many people across the UK will be celebrating the Queen's Jubilee with a fun-filled street party, but what do you need to consider in preparation for the big day?

May 2022
Holiday disputes , Family Taking your children out of school during term time could land you in detention

Molly-Ellen Turecek from DAS Law explains the circumstances that permit an absence during term time and the penalties parents can face if they are found not to have complied with the law.

September 2021
General advice , Property disputes Everybody needs good neighbours. But what can be done if someone refuses to be neighbourly?

What happens when a neighbour’s plant is growing across onto your property? And what can be done if a neighbour’s tree is blocking the light into your garden?

May 2021