Attendance and Holidays in Term Time

New Government guidance comes into effect September 2024 to ensure that children attend school regularly so they get the most out of their school experience, including their attainment, wellbeing and wider life chances.  Improving pupil attendance at school is everyone's business."

 Summary of the new Legislation

·       Starts on 1^st September 2024.

School may grant authorised leave for exception circumstances only.

·       The need or desire to have a holiday is not an exceptional circumstance.

·       The leave must be authorised before the absence is taken.

·       All decisions are made on individual merits. Exceptional circumstances are in the realm of weddings, funerals, difficult family situations, observing religious ceremonies and the like.

·       Applications can only made by the parent with whom the child usually resides.

·       All unauthorised absences will be referred to Warwickshire Attendance Service.

·       The first leave of absence offence will result in a fine issued to each parent of each absent child at £160 (reduced to £80 per child if payment is made promptly).

·       The second leave of absence offence within a period of three years will be £160. No reduced amount or payment plans.

·       The third leave of absence offence within a 3-year period will be referred for criminal prosecution proceedings.

 

LEAVE OF ABSENCE DURING TERM TIME

UPDATED INFORMATION FOR PARENTS

The Supreme Court has clarified the law on unauthorised leave, including holidays, during term time (Platt v Isle of Wright 2017). The Supreme Court has made clear that attending school ‘regularly’ means that the children must attend school on every day that they are required to do so. As such, the parents of any child who is absent from school without authorisation for any length of time are likely to be considered as committing an offence under s444 of the Education Act 1996.

The law states a leave of absence may only be granted by a school if an application is made in advance and if it considers there are exceptional circumstances relating to the application.

Schools must judge each application individually considering the specific facts and circumstances and relevant background context behind each request.

A leave of absence is granted entirely at the school’s discretion. Generally, a need or desire for a holiday or other absence for the purpose of leisure and recreation would not constitute an exceptional circumstance.

Where a leave of absence is granted, the school will determine the number of days a pupil can be absent from school.

When making an application for Leave of Absence parents are advised to give sufficient information and time to allow the Head teacher the opportunity to consider all the exceptional circumstances and to notify parents of their decision.  The school may also request further information on the application and supporting documentation where appropriate.

It is advised that if the resident parent has not received notification or a response regarding the leave of absence application, it is the parents’ responsibility to ascertain if the leave is authorised prior to the start of the leave.

The school can only consider Leave of Absence requests which are made by the ‘resident’ parent ie the parent with whom the child normally resides.

Where applications for leave of absence are made in advance and refused, the child is expected to be in school on the dates set out in the application. If the child is absent during that period, it will be recorded as an unauthorised absence.  Where a leave of absence is requested, but additional days taken either prior to or after the request may be considered as part of the leave of absence.

Leave of Absences which are not made in advance cannot be authorised in line with legislation.  This will result in the absence being recorded as ‘unauthorised’. 

All matters of unauthorised absence relating to a Leave of Absence will be referred to the Warwickshire Attendance Service, part of Warwickshire County Council.  Penalty Notices are issued in accordance with Warwickshire County Council’s Code of Conduct for Penalty Notices and in the first instance, as an alternative to prosecution proceedings. 

Leave of Absence taken in the academic year 2024-25

The law relating to Penalty Notices changed with effect from 19 August 2024. Therefore, Penalty Notices issued for Leave of Absence taken from September 2024 will be issued in accordance with the updated legislation.

·        Penalty Notices are issued to each parent of each absent child, (for example 2 children and 2 parents, means each parent will receive 2 invoices – 4 in total). 

o   First Leave of Absence offence:  The Penalty Notice amount of £160 to be paid within 28 days, this is reduced to £80 each child if paid within 21 days.

o   Second Leave of Absence offence within a 3 year period (from the date of issue of the first penalty notice): The amount of £160 paid within 28 days.  No reduced amount.

·        Payment plans will not be offered and/or payments received outside of the 28 day period will not be accepted. Where a penalty notice expires unpaid the matter will be referred to Warwickshire County Council’s Legal Services to consider criminal prosecution.  

·        Third Leave of Absence offence within a 3 year period (from the date of issue of the first penalty notice):  A penalty notices will be not be issued and the matter will be referred to Warwickshire County Council’s Legal Services to consider instigating criminal prosecution proceedings under S444 of Education Act 1996.

Your child’s progress academically as well as socially is our shared priority.

 

At Southam Primary School we believe it is important that every child should be entitled to the same opportunities school offers including - educational benefits, social and emotional learning and feeling as part of the school community. 

As a parent/ carer you are legally responsible for making sure your child/children attends school regularly.

It is important that you and your child/ children develop a positive attitude to school attendance and punctuality so that they do not miss out on the opportunities at school. These qualities of reliability are also important in adult life. 

Poor attendance disrupts a child’s education. This causes a lack of continuity and progression in schoolwork and can establish patterns of behaviour which may lead to long-term truancy. missing school prevents children from building essential learning blocks of skills and knowledge and prevents them from making educational links leading to poor progression and anxiety.

With effect from September 2022 Southam Primary School in partnership with Warwickshire Attendance Service (WAS) will be adopting a strict arrangement for the authorisation of absence taken during term time. Authorisation will only be granted in exceptional circumstances for religious or unique personal reasons by the headteacher on a case by case basis. In the absence of leave being granted and absence occurring, consideration will be given by WAS to impose a fine as detailed here –

https://www.warwickshire.gov.uk/pupilnonattendance

We greatly appreciate parental support to reduce the total amount of days lost due to absence.  We are committed to working in partnership with you to enable your child to reach their academic targets and to support their social development and for this to happen, we need to keep individual attendance as high as possible and we all need to play our part.

If a child achieves 80% attendance, this means that they have missed approximately 40 days of education over the academic year, averaging 1 day per week.  If a child's attendance equates to 80% over their time in secondary school, they will miss more than a full year of education. Excellent attendance is 100% and acceptable attendance is 97.5%.

Your child's progress

Evidence shows that children with poor attendance are unlikely to succeed academically and are more likely to be NEET (not in education, employment or training) when they leave school.

If children are taken away for a two week family holiday every year and have an average number of days off for sickness and appointments, they will have missed the equivalent of a year off school by the time they are 16.

There is a clear link between poor attendance at school and lower academic achievement. (improving attendance at school - Charlie Taylor pub. DfE 2012.)

Previous interpretations of the regulations where Headteachers could grant pupils leave of absence of up to 10 days for the purpose of a two week family holiday in term time has been interpreted by some parents as a right to an automatic two week term-time holiday.  This is not acceptable and the rules have been strengthened to prevent this happening in the future.  For this reason the Government brought in new guidance in 2013, tightening the time off in term-time.  Headteachers are no longer permitted to authorise absence for holidays taken during term time.  They are only permitted to grant leave for exceptional circumstances.  If you think you have exceptional circumstances, please talk to us without delay and before arrangements are entered into or money committed.  If exceptional circumstances are accepted, the Headteacher and the School Governors will determine how much absence will be authorised.