The Council appealed by case stated against a decision by magistrates that a parent who took his child out of school to take a holiday hod not failed to ensure that the child attended regularly. The record was otherwise regular and satisfactory.
Held: The appeal failed. The magistrates did not err in law in taking into account attendance outside the offence dates 13 April to 24 April 2015 as particularised in the summons when determining the percentage attendance of the child.
Llyd Jones LJ, Thirlwall J
[2016] EWHC 1283 (Admin), (2016) 180 JP 349, [2016] ELR 268
Bailii
England and Wales
Citing:
Cited – Hinchley v Rankin QBD 1961
A father had been rightly convicted when his son had been recorded as absent because he had not been at school when the register was closed, for ‘it must be regular attendance for the period prescribed by the person upon whom the duty to provide the . .
Cited – London Borough of Bromley v C Admn 7-Mar-2006
The authority appealed an acquittal by the magistrates of the mother of three children of failing to secure their regular attendance. . Records showed that out of 114 possible attendances in each case, E had 72 attendances, G had 74 and B had 78. . .
Cited – Barnfather v London Borough of Islington Education Authority, Secretary of State for Education and Skills QBD 7-Mar-2003
The appellant was convicted of the crime of being a parent whose child had failed to attend school regularly. She challenged saying that the offence required no guilty act on her part, but was one of strict liability, and contrary to her human . .
Cited by:
Appeal from – Isle of Wight Council v Platt SC 6-Apr-2017
Regular school attendance is following the rules
The respondent had taken his child out of school during term time to go on holiday. The child otherwise had an excellent attendance record. The Council having failed on appeal to the Administrative Court, it appealed saying that the word ‘regularly’ . .
Lists of cited by and citing cases may be incomplete.
Education
Updated: 01 November 2021; Ref: scu.564905