TERM TIME ABSENCE
The duty of a parent in relation to the education of their children is found in the Education Act 1996 Section 7 of the Act which states:
“The parent of every child of compulsory school age shall cause him to receive efficient full time education suitable:
to his or her age, ability and aptitude; and
to any special education needs he may have, either by regular attendance at school or otherwise”.
The expectation in law is that most parents will ensure access to full time education in school. Poor attendance is known to lead to less positive outcomes with children and young people missing out on learning and access to specific support where this is needed.
The government expects schools and local authorities to:
• Promote good attendance and reduce absence, including persistent absence
• Ensure every pupil has access to full-time education to which they are entitled
• Act early to address patterns of absence.
• Parents to perform their legal duty by ensuring their children of compulsory school age who are registered at school attend regularly.
• All pupils to be punctual to their lessons. (DFE School Attendance Guidance 2020)
Statutory Declaration
Legal responsibility
As a parent/guardian I understand all children aged between 5 and 16 are required by law to receive an education, and under the provisions of the Education Act 1996, it is my responsibility as a parent to ensure the regular school attendance of my children and that failure to do so could result in legal proceedings being taken by the Local Education Authority.
I understand that requests for leave can only be granted by schools if there are exceptional circumstances, and holidays are not considered exceptional. They must also be made to the school in advance, as the Department for Education has told schools that they cannot authorise any absences after they have been taken.
Fines
· First offence - The first time a Penalty Notice is issued the amount will be: £80 per parent, per child paid within 21 days. This increases to £160 per parent, per child if paid after day 21, until day 28. Any non-payment of the Penalty Notice may be referred to the Magistrates Court.
· Second Offence (within 3 years) - the second time a Penalty Notice is issued the amount will be £160 per parent, per child paid within 28 days. Any non-payment of the Penalty Notice may be referred to the Magistrates Court.
· Third Offence and Any Further Offences (within 3 years) - the third time an offence is committed a Penalty Notice will not be issued, and the case may be presented straight to the Magistrates’ Court under s.444 of the Education Act (1996) or other legal interventions considered. A guilty verdict at the Magistrates’ Court can lead to a fine of up to £1000, and a criminal record which can affect employment opportunities.
School places
I am aware that a referral will made to the Local Authority Children Missing from Education Team (CME) if my request is unauthorised and my child hasn’t returned to school on the agreed date. This can result in my child losing their school place.
I am also aware that there is a shortage of places in the area, so if my child loses their school place it could result in having to travel to a school out of area or my child without a school, being a detriment to their education and causing implications to my own employment.