Kent family let off paying school holiday fines by high court

A couple have been let off paying hundred of pounds in fines for taking their children on holiday during term time, after a landmark High Court ruling.

The parents from Gillingham, who cannot be named for legal reasons, were due at Medway Magistrates Court this week, but the case was withdrawn.

They had each been issued fines totalling £720 for taking their two daughters and one son out of a Gillingham primary school for a two-week holiday in April.

An officer prosecuting for Medway Council told the court they were withdrawing the fines in line with a high court ruling earlier this year, which allows parents to take their children on holidays during term time if their attendance is already over 90%.

With a typical academic year involving 190 school days, the ruling suggests that 19 days – almost four weeks - of absence is acceptable.

In May, the High Court ruled in favour of Jon Platt, who took his youngest daughter to Disney World Florida without permission, after he refused to pay a £120 fine from the Isle of Wight Council.

He was taken to court under the 1996 Education Act, but magistrates dismissed the case so the council turned to the High Court.

Lord Justice Lloyd Jones upheld the magistrates’ view that Mr Platt’s daughter’s overall attendance record was satisfactory and that he had no case to answer.

In another case at Medway Magistrates’ Court this week, a couple from Strood who had not paid fines for taking their two daughters out of school for a two week holiday in May, did not attend court.

The clerk informed the court that the pair had called to say they would not be coming as they had forgotten and were in London. The case was adjourned until September 26.

Another mother also had her case adjourned after a magistrate queried whether the summons had been sent to the correct address.

The 30-year-old from Chatham had not paid fines for taking her 12-year-old daughter out of school for a two week holiday in March. The girl had 88% attendance with 30 unauthorised absences which included the holiday.

If paid within 21 days, an education penalty notice costs £60, otherwise it is £120. It has to be paid within 28 days of being issued otherwise parents can be taken to court and fined up to £1,000. A separate penalty notice can be issued to parents for each child.

A Medway Council spokesperson said: "An education penalty notice is issued for an unauthorised absence during the school term; this is in line with the Department for Education’s current legislation and guidance.

"The fine must be paid within 28 days and those who fail to pay the fine risk being taken to court, fined up to £1,000 and getting a criminal record.”