Can you take kids on term-time holidays without being fined?

Before we start... Let's be clear, this is a fiercely debated topic and opinions are divided. 

Some see holidays as an educational experience and think school holiday price hikes are unfair. Others argue that some parents are only able to get time off from work during term time. There are also claims that even one day off can be disruptive, and that term-time holidays can have a lasting impact on learning.

But these fines aren't about taking your child on holiday, they're about unauthorised absence, and the bottom line is that a parent is breaking the law if they take their child out of school without permission in term time, regardless of the reason.

Department for Education figures show councils dished out 443,322 fines for unauthorised holidays in the 2023/24 school year (out of a total of 487,344 total unauthorised absences). That's an increase of 22% from 398,800 compared to the 22/23 school year. 

In our April 2017 poll 59% of parents with school-age children said they should be able to take term-time holidays if booked in advance, for a strict number of days and not at a crucial time. So this is a law that's clearly unpopular – though one that seems likely to be here to stay, for the time being at least.

Here are just some of the tweets we've been sent:

If you have considered taking your child or children out of school even for one day in order to go on holiday, you most likely have some questions, too. We've addressed them below:

What are the rules about school attendance in England?

In England, Section 444 of the Education Act states it's an offence to fail to make sure your child goes to school "regularly". But it all hinges on exactly what's meant by the word "regularly" – which the Supreme Court has now ruled means in "accordance with school rules".

The Department for Education believes "regular" means a child going to school every single day, except for authorised absences such as illness.

A Supreme Court ruling in April 2017 essentially confirmed what was already the case – parents CAN'T take children on term-time holidays without risking being fined (see more on the case below).

How much is a school fine if I take my kids on holiday in term time?

In a nutshell, if your child is at an English state school and aged 5-16, you're unlikely to get permission for a term-time holiday. If you take them out of school anyway, you could face an £80 fine or worse.

The fine comes in the form of a penalty notice from the local authority rather than the school itself, and can be issued to each parent liable for the offence. So only the parent or parents who have allowed the absence will get the penalty notice.

It's capped at two incidents, after which you will be prosecuted.

Is the school fine per day?

There is a threshold for when schools must consider a penalty notice, which is 10 'sessions' of unauthorised absence - that's five days. The penalty notice can be issued when a child has missed more than five days of school within a rolling period of ten school weeks.

The unauthorised absence adds up session by session. For example, one day for a funeral plus three days for holiday becomes four days total. Add in a day for a birthday, or two half days for other family stuff and you're up to five days (10 sessions). Or, go on two four-day holidays in term time and you're up to 12.

Is there any time I CAN take my child out of school in term time? 

Without the permission of the head teacher, in a word, no. Remember this is about absence, not just going on holiday. Schools used to have the discretion to allow up to 10 days' term-time holiday each year in 'special circumstances' but the rules were tightened in Sept 2013.

Now head teachers at state schools in England can only give permission for term-time absences in "exceptional circumstances". The grey area here is the definition of 'exceptional circumstances', which, when you ask the Head (as you're supposed to), they can decide. 

Exceptional circumstances could include visiting seriously ill family, attending a close family member's funeral or if a family member's in the Armed Forces and returning from operations

But it comes back to permission. You're meant to ask the Head. If they say no, then you shouldn't go. If they say no and you do go, most likely calling in to say your child is ill, then they'll be making a note of the unauthorised absence.

There are also a number of allowances made under the law stating when your child can be absent. These are:

• If they are sick

• If they are off for a day for a religious observance

• If they have no fixed address or if the child doesn't live within walking distance of the school (for under-eights this is two miles, for over-eights it's three miles) and the local authority didn't provide transport, boarding accommodation or the option for them to go to a closer school.

Where does the money from the fines go?

In line with the Department of Education's Working Together to Improve School Attendance guidance, any revenues collected through the system must be ring-fenced for attendance (first for administration of the penalty notice system and prosecution; any surplus should be spent on attendance support).

Do private/independent schools fine?

Parents of pupils at independent schools cannot be issued with penalty notices, but they are still committing a criminal offence if they take their child out of school without permission in term-time and could face court action/prosecution, which could lead to a £2,500 fine or imprisonment. 

Independent schools are also required to keep a register and report some unauthorised absences.

All the above only applies to state schools – independent schools don't have to follow the same rules and parents can't face fines or court action. Private schools may have a code of conduct or contract they expect you to follow, though, and they do have to report some unauthorised absences to the LEA.

Why did the Supreme Court rule on the issue?

Isle of Wight resident Jon Platt battled for two years against the fine he'd received for taking his daughter out of school for a term-time holiday – he argued that his daughter had still attended "regularly" as she'd had very high attendance.

But on 6 April 2017 the Supreme Court ruled against him – here's a quick rundown of how the case developed:

• April 2015 – Jon Platt took his youngest daughter out of school for seven days to Disney World Florida, without permission, on a family holiday during term time – and was fined as a result.
  

• October 2015 – Having refused to pay the fine, Mr Platt won his case at Isle of Wight Magistrates' Court. Magistrates said he had 'no case to answer' because of high attendance.

• May 2016 – Mr Platt won his case at the High Court, which backed the magistrates' decision.
  

• June 2016 – The High Court said the meaning of the word "regularly" is of public importance and must be decided at the Supreme Court.
  

• January 2017 – The case was heard at the Supreme Court.

• 6 April 2017 – Mr Platt's case was rejected and the Supreme Court said he must face prosecution for not paying the fine.

Mr Platt's case was sent back to Isle of Wight Magistrates' Court, where he again tried to fight the fine, but was instead given a 12 month conditional discharge and ordered to pay £2,000 in costs. He has ruled out an appeal against this ruling.