Management Information Sheet

Following the Isle of Wight case and associated press report, this briefing note is intended to provide some clarity for schools and parents on the issue.

It is important to note that there has been no change to the law and Department for Education (DfE) guidance in respect of authorisation of family holiday during term time. Headteachers should continue to comply with the 2013 amendment to the Education (Pupil Registration) (England) (2006) Regulations 2013 which means that they cannot authorise a leave of absence from school unless it is exceptional; every case should be treated on an individual basis and with due consideration of the circumstances. Ultimately, it is the head teacher of the school who decides if a period of leave during term time should be authorised or not.

The High Court ruling is not as a result of legislation, it is a single case which binds the lower courts "to follow it in subsequent cases". In light of the High Court Judgment and further advice from the Department of Education (DfE), we have taken legal advice and consulted with other Local Authorities to review our current practices. Norfolk County Council's current Penalty Notice Code of Conduct is robust and rigorous in that we do ensure our strict criteria are followed and individual case referrals are looked at to ensure consistency and fairness.

Further Penalty Notices:

We will continue to issue penalty notices on behalf of schools for irregular attendance and unauthorised leave in term time until such time as the legislation or guidance from the government changes.

In light of the Isle of Wight judgement, from 16 May 2016, the criteria for the issue of a FPN will now be:

1. 15% or more unauthorised absence for reasons other than a term-time holiday within a six week period.
2. Where in a 12 week period, there are unauthorised absences bringing attendance below 90% and some or all of the absence may be attributed to an unauthorised holiday in term-time.

The template letter, leaflet and referral form have been amended to reflect the change in criteria:

• Letter
• Leaflet
• Referral form

In light of the recent appeal outcome for the Isle of Wight case, we have received a number of related enquiries about term time holidays. Norfolk County Council's advice on some of the frequently asked questions is summarised below.

Challenging a conviction

If a parent wishes to challenge a decision that was made in the Magistrates' Court then they need to do so by way of an appeal. They will need to contact Her Majesty's Courts and Tribunal Service (HMTCS) and they will be guided through the appeals process. It must be noted that those convictions were based on law at the time they were decided and so the Isle of Wight case may not be applied retrospectively. Government guidance on the appeals process can be accessed via: www.gov.uk

Requesting a refund for a paid Penalty Notice

We do not propose to review past cases of term-time holiday absence, either cases which went to court as a result of non-payment of the fine or the ones where fixed penalty notices were paid. These cases were brought at the time in line with relevant legislation, Department for Education guidance and local procedures.

If you have further questions, please discuss these with your allocated Attendance Support & Enforcement Officer or contact one of the Senior Attendance Support & Enforcement Officers: claire.farrelly@norfolk.gov.uk or katie.griffiths@norfolk.gov.uk