I could be thrown in jail for taking my kids on holiday, it’s an absolute nightmare it could happen to anyone
AN angry mother has posted online after receiving a letter informing her that she has been "charged with an offence" for her family holiday.
Whitney Ainscough said she is "fuming" and that she may be facing prison time for taking her children away during term.
Section 444 of the Education Act 1996
What does this mean?
of the Education Act covers school attendance and children's absences.
It says if a child is absent from school without permission, and the child's parent knew about it, the parent is guilty of an offence.
The parent can face a fine of up to £2,500 - or they could even face a prison sentence of up to three months.
Whitney went on to explain that last year she had taken her daughter Cora on two holidays - both during term time.
The first of the holidays had landed Whitney a £60 fine, which she said she had paid.
The "single justice procedures notice" letter she received concerned her second holiday, and this time there was no option for her to pay a fixed penalty fine.
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She read on: "The defendant was not offered the opportunity to discharge liability to prosecution for the above offence by paying a fixed penalty.
"This is because a fixed penalty was issued for a previous unauthorised absence."
Instead, the notice told her she faced a charge for "failing to secure the regular attendance at school" of her daughter Cora.
She had 21 days to plead guilty or not guilty to the charge and needed to supply (which gives the court more information on whether or not someone has the finances to pay the fine).
If Whitney did not reply in time, she was told the case may be heard without her - meaning she could be found guilty and sentenced in her absence.
Whitney claims the holidays were "educational" and "family time".
"Now I'm facing jail time."
Viewers were divided in the comments.
One person wrote: "I would just completely pull my kids out the school system if they threatened me with jail for a week holiday."
Ridiculous when there are people doing real crimes and not getting punished.
TikTok user
And somebody else added: "This makes me so angry! My son has ADHD and suffers mental health so we NEED a break sometimes, the school holiday prices are just too much."
While other people disagreed, with one pointing out that this was the second holiday Whitney had taken her children on during term, writing: "Didn't you go twice?"
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And another wrote: "Unfortunately it's a risk you took. Was it really worth it?"
While somebody else bluntly commented: "Stop moaning."