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. Only a few absences were for reasons of notified sickness. Some were due to C’s sciatica, but these were treated compassionately as not unauthorised absences. A further 18 absences per child were due to holidays for which leave of absence was refused or not sought. All other absences were due to late arrival at school consequent on car breakdowns or bad traffic conditions. The children were of above average intelligence.
Held: The school attendance record was admissible, but was not conclusive. The respndent could therefore be heard as to the extent of attendance. The magistrates had been entitled to hold that apart from the holidays, good and cogent reasons had been given for the absences. As to the holidays the magistrates had asked the wrong question. It was not whether the holidays were justified, but whether they were unavoidable. Leave meant leave granted by the school. ‘Against this background of children attending for the equivalent of 40 days, their absence for the equivalent of nine days on unauthorised holidays could lead to only one conclusion; that is to say, that there had not been regular attendance. ‘ Though the magistrates were wrong, the acquittal would not be quashed.
Lord Justice Auld, Mr Justice Sullivan
[2006] ELR 358, [2006] EWHC 1110 (Admin)
Bailii
Education Act 1996 444(1)
England and Wales
Cited by:
Cited – Isle of Wight Council v Platt Admn 13-May-2016
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.
Cited – 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.
Crime, Education
Leading Case
Updated: 01 November 2021; Ref: scu.242288