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School Charging To Take Family Holiday


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Hi, I am not sure this is in the right place,

 

I hope someone can help, I arranged in Feb 13 to take my autistic son on a Family Holiday in September, this was authorised in writing by the school (signed by headmaster), he is due to be off for 10 days. On the school website it still states that up to 10 days may be authorised for holidays in term time.

 

Now, i receive an email from the school (My sons teacher) 2 days before the school closes for summer advising that

" I spoke to Ms Harris in Student Services. Ms Harris confirmed that all term holiday concessions on discretion of schools have been withdrawn by the Government. If a parent therefore takes a student on holiday during term time, there will be a fine of £60 to one or both parents."

 

Can the school go back on a letter that has authorised the holiday?

Can the school at this short notice (knowing full well the holiday has been booked and payed for) basically cancel the holiday for my son who is autistic and is really looking forward to it?

Would i have a leg to stand on, if i take him away with us and argue the fine when he returns?

 

Obviously being autistic he needs the stability and routine which the school are trying to change, he has been planning "his" holiday since he first found out he was going, even trying to improve his schooling so he could go.

 

Before anyone has a go about taking him out of school in term time, it is the ONLY time we can afford any kind of holiday and he doesn't live with us, we live a couple of hundred miles away from him and only get to see him a few times a year, so understandably he loves anytime he gets to see us.

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Dont see how they can charge a 'fine'.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I think it might be ok :???:

 

I have been onto the MK Council website and under the education section it has the penalty code of conducts and how and when a notice can be issued, there they have to fill in a form that asks if the holidays were un-authorised, this one was authorised, so don't see how the council would be able to issue a fine or court summons.

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The law in England is not retrospective so as you were allowed to take the holiday under the terms ascribed at the time the new rules dont change that agreement. If they wish to take the matter further remind them of the rules in place at the time and tell them that their breach of contract entitles you to sue for the cost of the holiday and a bit on top for the inconvenience and disappointment.

I'm sure that they wont go that far but it would be worth reminding the school that the agreement was in place before the new rules and you will hold them to their agreement.

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The law in England is not retrospective so as you were allowed to take the holiday under the terms ascribed at the time the new rules dont change that agreement. If they wish to take the matter further remind them of the rules in place at the time and tell them that their breach of contract entitles you to sue for the cost of the holiday and a bit on top for the inconvenience and disappointment.

I'm sure that they wont go that far but it would be worth reminding the school that the agreement was in place before the new rules and you will hold them to their agreement.

 

The law is changing from September 13 for anything from that date - the school can allow 'exceptional circumstances' though under the new rules.

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Thank you for all your responses, I emailed the school and pointed out a few things and they have now said that as it was approved in Feb it is fine "this time".

 

Just need to try and figure out next years now!

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Thank you for all your responses, I emailed the school and pointed out a few things and they have now said that as it was approved in Feb it is fine "this time".

 

Just need to try and figure out next years now!

 

Don't tell them! Just take your Son away and phone him in sick!

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Don't tell them! Just take your Son away and phone him in sick!

I would do, but his mother would butt in and stop it, she has to get involved with everything if it means causing trouble

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  • 1 month later...
  • 4 months later...

Does any one know if this legislation covers Wales too, I have looked at the legislation.gov site and can only find

The Education (Pupil Registration) (England) Regulations 2006 That have been amended, the ones for Wales still say the same as before the legislation was supposed to come into force.

 

How can I find out if it is now legislation in Wales or if it is upto each individual LEA

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The law in England is not retrospective so as you were allowed to take the holiday under the terms ascribed at the time the new rules dont change that agreement. If they wish to take the matter further remind them of the rules in place at the time and tell them that their breach of contract entitles you to sue for the cost of the holiday and a bit on top for the inconvenience and disappointment.

I'm sure that they wont go that far but it would be worth reminding the school that the agreement was in place before the new rules and you will hold them to their agreement.

 

Well the school have sent us a letter highlighting our failure in taking our other 2 children out of school (beginning Sep) and informing us that they will be supplying information to the LEA, funnily enough the one we initially had the problem with above is fine about it and marked him as authorised..

 

Is there any written proof that the law above is right and does it also apply in Wales? we have the letters from the school authorising the leave but the school say that it was an un-authorised holiday and they are correct to mark it down as such. Obviously if it is not retrospective then we can go back to the school and force them to correct the register.

Edited by sytra
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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I saw that,

however they had already been refused permission for leave and

also http://www.legislation.gov.uk/all?title=The%20Education%20%28Pupil%20Registration%29%20%28England%29%20%28Amendment%29%20Regulations%202013

only relates to England,

 

there is no such amendment to the welsh regulations that I can see

 

http://www.legislation.gov.uk/all?title=The%20Education%20%28Pupil%20Registration%29%20%28Wales%29

,the welsh legislation still only has 2010 and still states that parents can apply for leave for family holidays.

 

i should also say that the youngest one is only 4 and so not of compulsory school age.

Edited by sytra
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