Posted on 02 February 2017

Reversing a decision to overturn a ban on term-time holidays would criminalise a large number of UK parents, it has been put to the Supreme Court.

The argument was made by lawyers representing Jon Platt, the man fined after he took his daughter out of school for a week-long break. They claimed that because there were more than four million unauthorised absences in English state schools annually, the reversal of a previous ruling would effectively criminalise parents on an unprecedented scale.

However, lawyers representing the Department of Education and the education secretary, Justine Greening, disagreed, telling the court that to permit parents to take their children out of school "when the sun is out” was absurd.

“Undermining school authority”

Government lawyer James Eadie QC told the five Supreme Court justices: “Undermining the authority of the school and head teacher and those responsible for running the school is likely to be a thoroughly bad thing.”

“Criminalising parents”

But Clive Sheridan, Platt's barrister, said the term time holiday ban might adversely affect families and that it could “criminalise parents on an unprecedented scale”, in light of the statistic that in 2015 unauthorised absences amounted to more than four million.

Parents across the UK will be carefully watching the case, which involves Mr Platt and Isle of Wight Council. Platt successfully challenged a fine levied by the council in 2016.

The businessman was fined £120 after he took his daughter on a holiday to Disney World Florida in 2015. Platt's case has become a major challenge to the Government's policy on school attendance and how holidays are managed.

Judgment would be made at a later date, said Lord Neuberger, the court's president.

The forthcoming ruling will affect children at state schools who are aged five and over.

In 2013 rules were introduced which curtailed existing head teachers' powers to grant holidays – up to two weeks – to pupils whose attendance was good. As a result, the number of fines given to parents for taking their children out of school without authorisation soared.

Parents also complained that the new rules meant they had to go on holiday when prices were higher. Term-time holidays cost more than at other times of year, in a process that has been labelled 'price gouging' by some.

In Scotland, Wales and Northern Ireland, the issue is managed by the devolved governments. Policies differ across the four UK countries.

Planning your summer holidays?

Many thousands of families begin planning their summer holidays at this time of year. Whenever you plan to go, don't forget to organise your travel insurance in advance. If you or a member of your family fall ill or are injured, the medical costs could run into thousands of pounds. Annual and single-trip travel insurance from starttravel.co.uk covers you against medical costs, as well as for other unwanted events such as cancellation, curtailment, baggage loss and theft.

Learn more about our popular single-trip cover now.

Get a Quote