A DAD who refused to pay a fine for taking his daughter to Disney World
during school term time has won his High Court case.
The landmark ruling opens the possibility that parents will be able to take
their children on holiday during school time without the fear of being
fined.
Outside court Jon Platt declared: “It is a victory. It’s parents who
should decide what’s best for their children.”
But education chiefs expressed their “disappointment” at the
decision and vowed to fight the legislation.
The 44-year-old had refused to pay the £120 fine he was slapped with in April
last year for taking his seven-year-old daughter on an eight-day jolly to
Florida.
He was given a second penalty for taking her to Lapland at Christmas and when
he again refused to pay up the case went to court.
Jon paid nearly £15,000 in legal fees to fight the decision after arguing his
daughter’s attendance record was otherwise excellent.
The High Court ruled Isle of Wight council should repay those costs.
He added: “I am obviously hugely relieved. I know that there was an awful
lot riding on this – not just for me but for hundreds of other parents.”
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“There are hundreds of local authorities issuing truancy penalty notices
and they want to believe a criminal offence has been committed.
“The court had made it absolutely clear today that an unauthorised
holiday cannot in itself be in breach of the legislation.
“They must look at the fact magistrates are entitled to look at the
periods other than just the absence.
“If the magistrates are happy attendance is regular then it’s up to them.
“Absolutely it is a victory. It’s parents who should decide what’s best
for their children.
“Unfortunately there’s far too many people in positions of power who
think they know better.
“It has been hideous. Nobody wants to find themselves in this position. I
had no choice of being here.
“If I had my choice I would be in beautiful Isle of Wight enjoying the
sunshine with my children.”
A Department of Education spokesman responded to the ruling by saying: “We
are disappointed with the High Court judgment.
“The evidence is clear that every extra day of school missed can affect a
pupil’s chance of gaining good GCSEs, which has a lasting effect on their
life chances.
“We are confident our policy to reduce school absence is clear and
correct. We will examine today’s judgement in detail but are clear that
children’s attendance at school is non-negotiable so we will now look to
change the legislation.”
The landmark case eventually reached the High Court and today’s ruling could
now see rules on holidays relaxed.
After winning the case, Platt was heard to ask his barrister if he had just
changed the law.
His barrister replied: “Sort of.”
Despite the decision, the leader of Isle of Wight council defended its choice
to take the appeal to the High Court.
Jonathan Bacon said: “I’m disappointed that the law now seems this
afternoon to be more unclear than it was this morning.
“We simply have no clarity now. Maybe children can be taken out of school
for up to three weeks without any recourse? What affect is that going to
have on those children’s attendance?
“Today’s ruling may be taken to imply that parents can take children out
of school on holiday for up the three weeks every year.
“This will clearly have a detrimental effect on the education of those
children, the rest of their class and their teachers.”
Speaking on Good Morning Britain today, Jon said: “I was taking my kids
on holiday and cost had nothing to do with it.
“For ten years I’d been trying to get a window where all of the family
could go away.
“We managed to get 15 of us and the price was actually the same on the
day we flew if we’d flown a week earlier.”
Many parents have been hit with fines if they take their children out of
school for a sunshine break.
But Jon argued that his daughter’s regular attendance at school balanced out
the holidays.
A magistrate agreed, overruling the fine.
But the local Isle of Wight council still took him to High Court to rule
whether a seven-day absence from school counted as failure to regularly
attend class.
The ruling could now set a precedent that allows parents to take advantage of
cheaper holiday rates available during term time.
Many took to social media to praise Jon’s campaign following the judgement.
Simon Tompkins wrote: “Jon Platt is a very good speaker, I like him! What
a legend.”
While Jenny Bird went one step further, tweeting: “Well done on winning!!
The fines are a disgrace to this country! Just another tax on the poor!”
is a very good speaker, I like him! What a legend!
— Simon Tompkins (@Honest_Sy1)
. Well done on winning!! The fines are a disgrace to this country! Just another tax on the poor!
— Jenny Bird (@birdatronic)
But all not supported the decision.
Twitter user DinoGreycat wrote: “What’s wrong about this decision is that
less able kids will lose time at school too.But of course you dont care abt
them!”
What’s wrong about this decision is that less able kids will lose time at school too.But of course you dont care abt them!
— DinoGreycat (@dinogreycat)
Back in October, Jon said: “I’m not a qualified lawyer but my understanding of
this law is it’s very simple. My child needs to attend school regularly.
“Her attendance for the whole of the last school year was nearly 94 per
cent. I don’t know where the threshold is but quite frankly parents need to
decide for themselves.
“When I made the application through the school to get her time off it
was refused even though her attendance at the time was 100 per cent.”
The government set strict rules for school attendance in 2013, meaning the
parents of children taken out of school without a headteacher’s permission
can be fined £60.
The fine is doubled if not paid in time, as it was with Jon.
There is no such penalty in Scotland.
The dad added: “My kids’ education is absolutely critically important to me
but I’m also responsible for their welfare.
“If I think it will do them the world of good to go on holiday to Disney
with the 17 people who love them the most in the world I will do that.
“If I thought my kids’ education would be affected I wouldn’t have taken
them.”
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