Minister tells schools to ignore high court ruling on term-time holidays
Last month the high court ruled in favour of Jon Platt, who took his daughter out of school on the Isle of Wight last year for a family holiday during term time that the girl’s school had refused to authorise.
This article titled “Minister tells schools to ignore high court ruling on term-time holidays” was written by Richard Adams Education editor, for The Guardian on Thursday 9th June 2016 17.10 UTCHeadteachers have been ordered to ignore a recent high court ruling that overturned a fine imposed for an unauthorised family holiday taken during term time. The schools minister, Nick Gibb, told all state schools in England he was “disappointed” by the ruling and said they should continue applying the current regulations that allow parents to be fined.
“The high court’s judgment did not establish a hard and fast rule… ” Gibbs wrote. “Instead a decision will have to depend on the individual facts of each case.”
Last month the high court ruled in favour of Jon Platt, who took his daughter out of school on the Isle of Wight last year for a family holiday during term time that the girl’s school had refused to authorise.
The ruling threatened to erode the Department for Education’s strict new rules, which were introduced in 2013, that headteachers could only authorise absences during term time in “exceptional circumstances” such as funerals. Previously, headteachers had discretion in granting up to two weeks of absence for pupils with good attendance records.
Platt took legal action against the Isle of Wight’s attempts to fine him, and won rulings in the magistrates court and the high court in London.
The Isle of Wight local authority also announced it would appeal against the high court ruling, at the suggestion of the minister. A spokesman said: “Nick Gibb has formally requested that the Isle of Wight council makes an application for permission to appeal against the high court judgment of 13 May, in relation to unauthorised school absence. As a result, the Isle of Wight council has today formally submitted papers applying for permission to appeal.
“If an appeal is granted by the high court or, subsequently, the supreme court, the department has stated it will specifically seek to be joined as a party to the proceedings and take the lead in the appeal.”
On Facebook, Platt was quick to express his displeasure at the news: “UNBELIEVABLE!! The Isle of Wight council, apparently on the Instructions of the DfE, have JUST announced a few minutes ago an appeal to the Supreme Court, the highest court in the land! This is absolutely outrageous. A HUGE waste of tax payers money on an issue that is beyond any doubt. Utterly shocked.”
The council’s leader, Jonathan Bacon, said: “Our initial response was not to expend further Isle of Wight council money on pursuing an appeal. However, as a result of the formal request from the minister, the local and national importance of this issue, and the DfE’s commitment to cover all the costs of the appeal and contribute to the council’s previous costs, we have decided to lodge an appeal in order to resolve the issue for all.”
Gibb wrote: “While family holidays are enriching experiences, the school year is designed to give families the opportunity for these breaks without having to disrupt their children’s education. It is for schools to consider the specific details and relevant context behind each request. Schools know their pupils and are well placed to make those judgments.”
Parents who had been fined are now asking local authorities to rescind the penalties, but Gibb said the DfE’s view was to refuse such requests.
“We will set out any additional steps necessary to secure children’s attendance at school in due course,” he said.
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