Government may debate ‘punitive’ out of school fine as 100k Brits demand change

A petition calling for a change to the out-of-school fine policy will be discussed by parliament (Image: Getty)

The Government will consider debating the controversial subject of out-of-school fines as more than 100,000 Brits call for change. A demanding a revision of the current regulations will be up for discussion in the House of Commons.

Activists have asked that parents be allowed to take their children out of school for up to 10 days during term time without facing a financial penalty. At the time of reporting, this petition had reached more than 119,000 signatures—100,000 needed to potentially bring the debate to parliament.

Currently, councils are allowed to fine each parent up to £80 when their child is off school. This rises to £160 if it is not paid within 21 days.

If a child is off school three or more times within three years, parents may be taken to court, where they can be fined up to £2,500, receive a community order or a parenting order, or be jailed for up to three months. The petition, started by Derbyshire mother Natalie Elliott, claims that these fines “disproportionately” affect certain families.

It states: “We’re seeking reform to the punitive policy for term time leave that disproportionately impacts families that are already under immense pressure and criminalises parents that we think are making choices in the best interests of their families. No family should face criminal convictions.”

English money close up

The fine currently stands at £80 (Image: Getty)

The petition also addresses the fact that children with a special educational need or disability (SEND) are “discriminated against” due to the fines, as they may require more time off than other children.

Responding to the petition, the Department for Education said: “We are determined to break down barriers to opportunity by supporting every child to achieve and thrive at school, working with parents and protecting children’s right to education.” But it warned that absences have “soared” since the pandemic, affecting pupils’ education.

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It added: “However, where necessary, it is right that the law protects the child’s right to a full-time education. It is up to local authorities and schools to decide on the best course of action based on the circumstances of the individual case and what is most likely to improve attendance. 

“It is important to emphasise that legal intervention cannot be used for absence that is recorded as authorised by the school (e.g. for illness or where a leave of absence has been granted). In addition, our new National Framework embeds our wider approach by including an expectation, for cases other than holiday, that support will have already been provided before a penalty notice is issued.

“Schools and local authorities are also expected to consider any obligations under the Equality Act 2010 when deciding whether to issue a penalty notice.” The petition closes on May 28.

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