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It May Now Be Legal To Take Children Out of School to go Skiing

It May Now Be Legal To Take Children Out of School to go Skiing

Published : 13-May-2016 05:01



The High Court has ruled in favour of a parent who argued that he was not breaking any law in taking his six year old daughter out of school.

Their decision appears to set a legal precedent over turning the then LibDem/Conservative party coalition introduction of fines three years ago for parents who took children out of school in England and Wales except in 'Exceptional Circumstances.' However it is not yet clear if the government will appeal.

Mr Jon Platt had twice been fined £60 by the Isle of Wight council for taking his daughter out of school on holiday. When he refused to pay the first fine, the courts in the Isle of Wight asked for a ruling in the high court.

Here Mr Platt argued, helped with a £25,000 budget raised through crowds funding, that taking a child out of school for a week would not damage their education. He argued that 100% school attendance is not required in any law and the only rule is that if a child's attendance rate drops below 90% - missing around four weeks of school in a school year without a reason such as illness, it may begin to begin considered truancy. The high court agreed.

More than 60,000 people have been given a criminal record and fined for taking their children out of school without it being considered 'exceptional circumstances' since the rules were brought in in 2013. The law only applies in England and Wales, not in Scotland.

Whilst not wanting to be criminalised, many skiing families decided to take their children out of school Christmas, Easter and half term holidays for economic reasons – with ski holidays being unaffordable in holiday periods for many families, but often less than half the price in term time, dwarfing the financial impact of any fine.

The court's decision has been welcomed across the ski travel industry this afternoon.

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