4.5.1 Holidays in Term Time for Looked After Children – Policy |
Contents
1. Introduction
Dudley Local Authority in its role as the corporate parent does not support taking children in care on holiday during term time unless in exceptional circumstances.
Taking a holiday during term time means that children miss important school time - both educationally and socially. It will be difficult for them to catch up on work later on.
The law says that schools have the discretion to grant up to ten days authorised absence in a school year.
Each application is considered individually by the school, taking into account factors like the timing of the holiday and the child's attendance record
Carers should not expect their child's school to agree to an absence for a holiday during term time, particularly if it is for more than ten days.
Carers should negotiate absence with the school as early as possible and follow the attached procedures.
Schools will only consider any additional absence during term time in exceptional circumstances. There may be educational reasons for a trip, such as a private exchange. In these circumstances schools are more likely to agree an absence.
All holiday requests should be agreed through the child's social worker and, if a child is Accommodated under Section 20 (when child or young person is looked after voluntarily), by the person with Parental Responsibility. This applies to any length of holiday and any destination. Further procedures apply where the holiday is taken abroad.
Research shows:There is a correlation between the levels of absence in a school and the qualifications that its pupils achieve. Every lesson matters in school and children who have time off often find it difficult to catch up. As absences increase, the more difficult it becomes to achieve. 90% attendance = half a day a week missed = 4 weeks missed a year = half a school year missed over 5 years of secondary education. Research suggests that 17 missed school days a year = a DROP in a grade in GCSE achievement (DfES) The greater the attendance the greater the achievement |
In The Education (Pupil Registration) Regulations 2006, which came into effect on 1 September 2006, leave of absence is governed by Regulation 7:
(3) Subject to paragraph (4), a pupil may be granted leave of absence from the school to enable him to go away on holiday where -
(a) an application has been made in advance to the proprietor by a parent with whom the pupil normally resides; and
(b) the proprietor, or a person authorised by the proprietor in accordance with paragraph (1), considers that leave of absence should be granted due to the special circumstances relating to that application.
(4) Save in exceptional circumstances, a pupil shall not in pursuance of paragraph (3) be granted more than ten school days leave of absence in any school year.
(5) This regulation applies only in relation to a maintained school and a special school not maintained by a local education authority.
2. Leave of Absence from School
Schools have a discretionary power to grant a pupil time off school during the term for a holiday, they can also do so if they believe there are extenuating or compassionate reasons that justify the leave. All applications for leave of absence must be made in advance by the parent(s), carer(s) or corporate parent that the pupil normally resides with. No child may be granted more than 10 days in any school year, except in exceptional circumstances
Schools are able to refuse the whole period requested by a pupil's parents, grant part of the period and refuse the remainder, or grant the whole of the period requested. Any leave of absence granted by a school must be recorded as authorised using the appropriate national code. Periods that are refused must be recorded as unauthorised.
All requests should be treated on a case by case basis within the school's published attendance policies which should give it the flexibility to respond to difficult circumstances whilst discouraging unnecessary absence. We recommend policies that, for example, neither ban all term-time holidays nor bestow a right to all families to time off for family holidays.
4. It is good practice for schools to respond to all requests for a leave of absence in writing (R v Governing Body of Gateway Primary School ex parte X (2001) ELR 321 (Note 2) giving the reasons for the decision. It is particularly important that letters approving a request clearly state:
- The expected date of return;
- That the parents are expected to contact the school if anything delays the pupil returning to school when expected; and
- What action will be taken if the pupil fails to return when expected
Head Teachers may now take the following into consideration when deciding whether or not to authorise the absence:
- the amount of time requested;
- the age of the pupil;
- the pupil's general absence/attendance record;
- the proximity of SATs and public examinations;
- the length of the proposed leave;
- the pupil's ability to catch up the work;
- the pupil's educational needs;
- the general welfare of the pupil;
- the circumstances of the request;
- the purpose of the leave;
- the frequency of the activity; and
- when the request was made.
Only the Head Teacher can authorise the absence from school, which in some circumstances it may be appropriate to do so, up to a maximum of 10 days in any school year. There is no automatic right to the 10 days; it is at the Head Teacher's discretion.
If the absence is not authorised the Education Welfare Service may issue a Fixed Penalty Notice of £100 for each child and each parent. Alternatively if agreed with the local authority in some circumstances the child may be removed from the school register.
Upon the child's return, the parent would have to reapply for a school place, the place at the school would not be reserved and may well have been filled by another pupil coming into the school.
There are of course other circumstances that happen from time to time and the school will, wherever possible be sympathetic.
We trust that wherever possible parents will avoid holidays in term time.
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