Leave of Absence in Term Time
1 The Anti-Social Behaviour Act (2003) now gives the Local Authority and School the power to issue fixed penalty fines for unauthorised leave of absence in term time.
2 No parent can demand leave of absence as a right.
3 Any request for leave of absence must be made in advance.
4 Leave of absence cannot be authorised retrospectively.
5 The request for leave of absence should be made by the parent /carer “with whom the child normally resides”. If this is the parent /carer who is not taking the child out of school, the full name and address of the person who is taking the child out of school must be provided on the form.
6 If the request for leave of absence in term-time is made because of the
parent /carer’s workplace leave arrangements then a letter from the employer explaining why the leave of absence has to be taken in term-time must be attached to this request form on official letter-headed paper.
7 There is no requirement to authorise just because a request has been made.
The amendments * make it clear that head teachers may not grant any leave of absence during term time unless there are exceptional circumstances.
8 The circumstances of each individual request for leave of absence will be taken into account.
9 The decision to approve / not approve the request is for the school, not the Authority or the parent. Only schools can authorise / not authorise absence.
10 There is no statutory threshold of ten days.
11 If important work has been missed by the pupil due to the parents making a request for leave of absence the parents should not expect special arrangements to be made by the school for that pupil to catch up that work.
* The Education (Pupil Registration) (England) Regulations 2006
If you go ahead with the holiday when unauthorised, you may receive a Fixed Penalty Notice issued through the Local Authority. Per child, this will be £60 if paid within 21days; payment after this time but within 28days is £120
Failure to pay a fixed Penalty Notice will render you liable to criminal proceedings in the Magistrates Court under Section 444(1) of the Education Act 1996.
Leave of absence forms are available from our Parent Support Advisor, Mrs Gay.