Leave of Absence in Term Time and Unauthorised Absence
Head teachers are only allowed to grant authorised absence for exceptional circumstances as outlined below:
- Absence due to bereavement of close family / friend of the family
- A family wedding or other celebration – in the UK a maximum of 3 days would be authorised allowing for travelling to and from the event. Up to 5 days would be authorised if the event took place outside the UK but within Europe. Up to 10 days would be authorised if the event took place outside Europe.
- A significant religious event
- A family crisis, when a family would benefit from time together
- When a parent is a member of the armed forces and is prevented from taking holiday during school holidays
- When holiday dates do not coincide with holiday dates in state & academy schools where siblings attend.
Absence will not be granted:-
- Due to availability of cheaper holidays during term time as opposed to the school holiday period
- To extend a holiday beyond or before school holiday dates
- During Y6 and Y2 SATS & the Y1 Phonics test (including Y2 pupils who are retaking this assessment). The dates of these assessments are published annually. A family crisis, bereavement or illness would be the only reasons that would be considered for an absence during this period.
- To parents who request the similar period of absence annually.
The government have released a new paper which can be found here. School will have a renewed focus on ensuring children are able to access education. We will be contacting families whose attendance falls below 95% for attendance meetings and to find a way to work together to improve attendance.
Penalty Notices
Where a pupil’s unauthorised absence amounts to 10 sessions or more within a rolling period of 10 school weeks period the Education Welfare Service will be notified and the Local Authority may issue a Penalty Notice to each parent for each child. Unauthorised absence means any absence from school which has not been agreed by the school or when parents have not provided any explanation.
A school week means any week in which there is at least one school session and can be across school terms or academic years. This can be any form of unauthorised absence including arriving late after closure of the register and days of unauthorised absence which add up to 10 half days or 5 full days within a 10-week period.
Once the threshold has been met we will consider whether support may be appropriate to help your child to attend school. We would like to encourage all parents to continue to work with us if attendance is becoming a concern. However, when school and the council believe that they have exhausted all offers of support, and a parent/carer is not engaging with the attempt to improve their child’s attendance at school a penalty notice may be issued.
Holiday in Term Time
Pupils should not be taken out of school during term time unless it is unavoidable. Generally, a need or desire for a holiday or other absence for the purpose of leisure and recreation would not constitute an exceptional circumstance. The guidance is clear that headteachers should not be considering a holiday as an exceptional circumstance.
If a request for leave for the purposes of a holiday is declined and the pupil is absent for 5 days or more then we are expected to notify Wiltshire Council. Wiltshire Council will issue a penalty notice with no requirement for any support to be offered as specified in the statutory guidance. In every case, the notification for the penalty notice comes in from the school to Wiltshire Council for the process to be completed.
Penalty notices can also be issued where a pupil is absent for repeated incidents of unauthorised leave(holiday) in term time that fall below the 5-day threshold.
Who can receive a penalty notice?
Penalty notices are issued to parents/carers of statutory school age children only. They can be issued to each parent or carer who is deemed liable for the child’s absence from school. This may include parents who do not live with the child. Please note that in education law this responsibility can extend to step-parents or other adults who live in the same place as the child.
Penalty notices will be issued to each parent for each child of statutory school age. So, for example two parents of two children will receive four penalty notices.
Is there a limit on the number of penalty notices I might get?
In all circumstances, the maximum number of penalty notices that can be issued will be two penalty notices per parent per child in a rolling three year period.
The new regulations come into force on 19 August 2024 and will apply to unauthorised absence from the beginning of the Autumn term 2024.
Any penalty notices that might be issued in the future which relate to unauthorised absence taken during the academic year 2023/2024 will not be counted as part of the two penalty notices within three years regulation.
How much will the penalty notice be?
First offence penalty notice - £160 per parent per child (reduced to £80 if paid within 21 days)
Second offence penalty notice (within 3 years) - £160 per parent per child paid within 28 days
Third Offence and further offences (within 3 years) - The third or subsequent time an offence is commited for unauthorised absence a penalty notice will not be issued, the case will be presented straight to the Magistrates' Court.
Please support us in this.
Please download the Leave of Absence During Term Time Request Form below for requesting term time absence.
