Couple fined for taking their kids to Tenerife during term time despite last month’s High Court victory

A COUPLE have been fined for taking their children to Tenerife during term time despite arguing last month’s landmark High Court ruling was in their favour.

Ben Walker, 33, and Rebecca Walker, 36, of Southminster, Essex, were originally fined £240 by the council for taking daughters, Indianah, 10, and Katalinah, five, to Spain.

But they cited the High Court victory on May 13 for Jon Platt, a father from the Isle of Wight who refused to pay a £120 fine for taking his daughter on an unauthorised term-time holiday as a reason to be “let off”.

However, they were found guilty at Chelmsford Magistrates’ Court on Monday of refusing to ensure their children’s regular attendance at Latchingdon Primary School - and must now pay a total of £720.

Last month, Platt, 44, had argued that the fine he received for taking his daughter to Florida for one week in April 2015 was not legal because she attended school regularly at all other times.

The Walkers were hoping his High Court victory would strengthen their case, but their children only had an attendance record of around 80 per cent - below a threshold given at 90 per cent.

They originally refused to pay a £240 fine by Essex County Council and pleaded not guilty to the attendance charge in April.

The fine doubled to £480 because it was not paid within 21 days.

Lee Wilcockson, representing the council, said: "The issue in this case is the definition of regular attendance and whether their attendance could be classed as irregular.

"The children had an absence of 11 days, just over two weeks.

"We say that these were unauthorised absences and that’s what we say the case rests upon."

The Government is looking at changing the law in light of the Platt ruling, but Wilcockson said: "Until we have a definitive answer, the Isle of Wight case left more questions than answers."

He pointed out that in Platt's case, the High Court used the figure of 90 per cent to determine regular attendance.

The Walker children’s attendance failed to meet that level from September to December 18, which were at 82 and 80 per cent.

But before the court case Mr Walker argued this data was unfair, saying: ‘The only attendance they’ve taken into account is the first term.

"But even with those days off, our girls still have attendance of more than 80 per cent.

"If they factored in the whole school year, their attendance would only increase."

He told the court that the family chose to fly at that time because it was the first opportunity for a break in 16 weeks following a period of difficult health issues with his wife and children

Mrs Walker had been unable to fly prior to this date due to requiring a hysterectomy while both children have had difficulties with their diets and require regular monitoring, he said.

The couple also pointed out to chair of the bench Sean Rayner that cost was a factor in their decision, stating that the price of their trip trebled if they were to take it in half-term.

However the pair, who represented themselves, were found guilty of the attendance charge and given a 12-month conditional discharge – as well as being told to pay a further amount of £135.