If education authorities want to fine parents for taking their child out of school for a family holiday?

Question

Can parents fine them for allowing industrial action disrupt there child's education.Not to mention having to pay for an alternative means of childcare

Answer 1

Schools aren't there to provide childcare.  That's the first point.  But I do accept that they shouldn't disrupt their schooling, with inset days, teacher training days, etc etc.

Also, why are travel companies allowed to charge more during school holidays?  I wanted to take my children to South Africa over Christmas - it cost £1500 per ticket, that's £6000 for us four, before accommodation.

That's discrimination against parents.

Answer 2

Hi Lori,

There is a subtle difference.

Whether people like it or not people (with certain exceptions e.g. police) have a legal right to take strike action providing that they adhere to notice periods etc.

Therefore, the teachers have a legal right to withhold labour.

As you have already mentioned it is the local education authority that employs the teachers so you would think that compensation could to be sought from them.



It would be very difficult to seek redress from them because they are at least ‘once removed’ from the cause.

To explain, it’s the child’s teacher that causes the ‘loss’ by not appearing at school.

But the teacher is legally allowed to do so because of, let’s say, a breakdown in pay talks between the government (i.e. the Secretary of State for Education) and the teaching union(s) and due notice given to strike.

[Surely, such a dispute couldn't  arise  - could it!]

Each party, in turn, bears a proportion of the blame – but establishing that proportion is impossible.

It ranges from ‘the government’s right to govern’ through to ‘rights to withhold labour’ via ‘the right of a child to education’ and the inter-relationship between the Local Education Authority (which may be controlled by a different political party to that of the central government), unions rights to represent their membership and many other issues.

If you cannot quantify the loss and the contribution to that loss by each party involved then you cannot seek compensation.

On the other side of the issue is the unwritten contract – but it is still a contract - between parents and the local school and, via them, the Local Education Authority (LEA).

Part of that contract being – they will do their best to educate your child but you are expected to follow the rules that are laid down and that means that you should make your child available for education unless they are unwell, or for very precise reasons i.e. the death of a close relative.

Nowhere in that contract is there an implied agreement that you can take child on holiday in term-time (because the holiday is cheaper is the usual excuse).

[There is an even more contentious issue here which could be debated in another Question – people are entitled to holidays from work (again that is a legal right) but there is no legal right for anyone to have a holiday away from their home e.g. hotels, holidays abroad etc. People do it because they ‘feel they have earned a break’ they feel ‘entitled to it’ in the strictest terms of Law – they don’t.]  

Now we come to the real issue – the cost of holidays!

Holiday suppliers know that they are demand in the summer holidays and they use the supply and demand argument – which is true.

The solution?

Easy - more holidays!

Well not more holidays as in the numbers of days – but more terms in an academic year and hence more holidays but of shorter duration.

This would spread the load of availability and therefore the price of holidays should be more consistent throughout the year and it would mean the end of the 6 week summer holiday and the call ‘Mum – I’m bored I don’t know what to do today’

.

Even more controversially different Local Education Authorities could have holidays at different time i.e. shifted by one week before/after a different LEA.

Of course, this is most unlikely to happen as there would have to be a major overhaul of the education system with agreements between LEAs, teachers, unions, government, Opposition such that there was a long term strategy for Education.

It also raises questions in the areas of alternative care!

What is more likely is that a fine system will be introduced by LEAs

Why?

Because they can easily prove that there has been a breach of contract between the parent and the school.

But this in itself is a can of worms- how will the fines be collected, what is the cost of the system, where will the money raised be spent – surely not another self-funding system?

No - just another rise in Council Tax!

Answer 3

good question i think it's wrong to get a fine i am going away end of august and won't be back until sep my son will miss 3 days off school but i have to go with what i could afford the government should make them lower the cost of holidays

Answer 4

Simply point out that your child undoubtedly learned more on the family vacation than he ever learned in school.  There is nothing like hands-on experience to teach children about their country, its treasures, its problems.  Our school used to encourage family holidays for this reason.

You must be talking about the school situation in England or elsewhere, because in the U.S., parents are not fined.  Absences require excuse slips from parents, but unless the absence were week's long, there would be no questions asked.

Answer 5

i take my kids on holiday every year in school time last year my middle daughter had her holiday request  turned down she still went this year my younger childrens school have said that no holiday will be taken in september and in may we are going away in september my holiday was booked before the letter came out this is the third year running i have took my children on holiday during school time and i have never been fined

Answer 6

They will not fine you for taking them out of school as long as their school work is being completed. Talk to the teacher and get any assignments that they will miss. They usually only fine the parents, or take them to court if the child is skipping all the time.

Answer 7

Well for starters school isn't child care and in England its almost the holidays anyway, next week isn't it? so im sure you have childcare sorted out for that

Its the binmen I have a problem with, my black bin was suppose to be picked up today and obviously wasn't, next week is Blue and Brown bins so black bins wont be til the following week, that'll be 3 weeks of rotting rubbish sitting out my back, maybe i'll dump it at the council doors and see how quick they shift it