School Penalty Fines and Authorised Absence

Andrew Turner Excerpts

Monday 11th July 2016 Westminster Hall

[Mr Andrew Turner (Isle of Wight) (Con)]

This is the first time that I have served under your chairmanship, Mr Hanson, and it is a pleasure to do so.

I thank my hon. Friend the Member for St Austell and Newquay (Steve Double) for securing this debate. As you know, Mr Hanson, the debate arises from an e-petition about fining parents who take children on holiday during term time that was signed by almost 200,000 people. One person keenly involved in this debate is my constituent, Mr Jonathan Platt. He is currently being taken to the Supreme Court for refusing to pay a fine because he took his daughter on holiday. This situation troubles me considerably. Even after taking the holiday in question into account, Mr Platt’s daughter’s attendance was good and because of that the Isle of Wight’s magistrates court decided that there was no case to answer.

[Mr Gibb]

Could my hon. Friend define what he means by “good” in that circumstance, and will he confirm that it is the level that the hon. Member for Nottingham South (Lilian Greenwood) referred to as one day a fortnight?

[Mr Turner]

No. Mr Platt used the term “good” to describe his child attending school all-year round except for a fortnight, which is not the same as one day a fortnight, and there was no evidence from any quarter to question that description.

Isle of Wight Council wanted a different interpretation of the law and so it took Mr Platt’s case to the High Court. The High Court found that it was not acceptable for the authority

“to criminalise every unauthorised holiday by the simple device of alleging…that there has been no regular attendance in a period limited to the absence on holiday.”

The judgment said that regular attendance must be measured over a longer period of time, and Mr Platt’s daughter’s attendance record was satisfactory in that respect.

The High Court’s judgment did not find favour with either Isle of Wight Council or the Department for Education. The Department has now provided the council with funding and legal support to take the case to the Supreme Court. Mr Platt is being given no such help; he is fighting this battle using private resources and not public money. The state is throwing the book at him for daring to stand up to the authorities and being found right—not once, but twice. So this is a real David and Goliath situation.

I am a former teacher and both my parents were teachers, too, so I understand the importance and value of education. I have experienced at first hand the difficulties of teaching a class where not all the children are in the classroom full-time. However, I have also seen the immense value of family holidays, in educational and other terms.

I have listened to the Government’s argument about the relationship between attendance and attainment. It exists, but it is not a simple picture. As the latest research from the Department itself says:

“There are a range of pupil, school, parental and societal characteristics that are likely to affect attainment in varying degrees.”

It is the interplay of factors that cannot be judged in Whitehall. Schools can collaborate with parents to ensure that a child’s education will be enriched by a family holiday and of course the child can be set work to be completed while they are away.

However, if the headteacher cannot justify that the holiday is being taken in “exceptional circumstances”, then parents can be criminalised under legislation introduced by statutory instrument in 2013. For many years, parents have been legally responsible for their child’s regular attendance at school, and headteachers are accountable for the performance of their school and their pupils. So it should be headteachers, working with parents, who decide whether or not to allow a family holiday, or any other kind of absence, after taking into account all the individual circumstances.

Before being elected to this House, I ran the Grant Maintained Schools Foundation and I am proud that this Government have taken forward the principle that we worked so hard to promote—greater autonomy and decision making in schools. So I find it incomprehensible why, on this particular issue, the Government insist that they know better than headteachers what is best for individual children.

There is a misconception that prior to 2013 parents had a right to take their children out of school for up to 10 days for a holiday. That was never the case. Headteachers were able to agree to a child being absent on a family holiday in “special circumstances”. It has been said, including by my right hon. Friend the Minister for Schools himself during a debate last October, that the 2013 amendments “clarified” the situation, but I disagree. A change from “special circumstances” to “exceptional circumstances” is a material difference, and it has given rise to markedly different approaches from local education authorities.

We now have a postcode lottery that determines whether a parent is prosecuted. For example, I understand that in the west country Cornwall has issued four “school fines” in the last three years, but Devon, which is just next door, has issued 1,386 such fines in the last year alone. The variation is great even among just primary schools on my island. In one school, the parents of 176 pupils received fines over three years, while another school did not issue any fines at all. That cannot have been the Government’s intention—or, if it was, they are not explaining it well.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

Does the hon. Gentleman agree that the rules that are applied in many local authorities at the moment discriminate against those who simply cannot afford a family holiday during the school holidays? Does he also agree that quality of life, particularly in childhood, is just as important as, and can enhance, the quality of education?

[Mr Turner]

I agree with both those points and I hope that I make them myself.

It has been said that before 2013 some headteachers felt pressurised into authorising family holidays. I have been a Member of this House for 15 years and I have never had a headteacher say that to me, but it does sound as though it happens occasionally. I believe, however, that the introduction of the holiday fines by statutory instrument in 2013 was like using a cannon to try to kill a fly. The fines are inappropriate and unworkable, and have widespread damaging consequences.

[Imran Hussain]

The hon. Gentleman is absolutely right to point out the inconsistency that we have between districts. On his point about the fines, Bradford is joint second regarding the number of fines administered and it has high levels of deprivation. Does he agree that the amount of the fine—for the average family with three children it is £360, which then doubles to £720—is so grave that in some low-income families it has a negative impact, ultimately, on the children themselves?

[Mr Turner]

That is something that headteachers should be aware of. Either Bradford is dictating to headteachers that they must do certain things, or it is the Department for Education’s decisions being interpreted in that way. The headteachers do have the authority, and they can say no.

I have great respect for the Minister for Schools. He has achieved some great things during his time in post, but I urge him to consider the outcome of this battle between David and Goliath and, even now, find another way forward, such as scrapping the school fines introduced in 2013 and trusting headteachers to do their job. If he will not do that, can he please tell us today what he will do if the Supreme Court agrees with the magistrates and the High Court and upholds their view—and mine—that an unauthorised family holiday does not necessarily allow the state to criminalise parents who otherwise ensure a child’s regular school attendance?

Finally, I would like to say that my constituent, Mr Platt, wished to be here for the debate but his daughter is taking part in her school sports day. As a responsible parent, who recognises that a wide range of experiences contributes to a good education, he has put attending the sports day ahead of being here today. He sends his apologies.

--- Later in debate ---

[Angela Rayner (Ashton-under-Lyne) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Hanson. Many Members have spoken in this important and relevant debate, which, as the hon. Member for North Devon (Peter Heaton-Jones) said, has revealed that the Government have got it all in a bit of a mess. Nearly 200,000 signatures on the petition is not to be sniffed at, and those concerns deserve to be heard, and heard they have been in the many contributions Members have made.

The current situation is confused and confusing, as the hon. Member for St Austell and Newquay (Steve Double) outlined in his opening remarks. The only thing that is clear is that the Government acted with the best of intentions in 2013 when they changed the legislation. As their answer to the online petition reveals, they did so to try and correct the

“widespread misconception that parents were entitled to take their children on holiday during term-time.”

The Government argue that such a misconception had taken hold because headteachers had previously been allowed to grant up to 10 days’ leave for special circumstances.

The Government decided to come down hard. The result, as their response to the petition illustrates, has been fairly decisive: the number of persistent absentees is down by up to 40%; 6 million fewer school days have been lost; and pupils are missing fewer days at school today than they did in 2010 and are therefore receiving less interruption to their education. There are other results: £5.6 million was paid out by the public in fines last year, which was a 267% increase; 90,000 parents have been fined; and a High Court case has been lost, with possible Supreme Court hearings looming. Parents have no real certainty on where they stand. No wonder there is confusion, but let me make it clear that the Opposition support the Government’s attitude to school attendance. All the evidence shows that regular attendance at school helps ensure our children reach their full potential and can make their way in the world as adults. Indeed, education is the only available path out of the poverty and low aspiration that affects too many of our young people these days.

The hon. Member for North Devon made it absolutely clear that he is seeking to be helpful and that parents, teachers and heads across the country have expressed real concerns. As he stated—I agree with him—we need common sense and clarity, especially around the reaction of Ofsted. I hope the Minister will clarify that important point in his response. Despite the hon. Member for North Devon being an old-fashioned Tory guy, I am pleased and reassured that the Conservatives have clarified that they do not intend to go back to Dickensian times and stick kids up chimneys.

My hon. Friend the Member for Nottingham South (Lilian Greenwood) made some excellent points on how good education is vital for good attainment. She reminded us of the huge effort made by Nottingham City Council and many councils up and down the country to ensure that we have high attendance. They are worried that all their hard work could be lost without urgent clarity from the Government regarding the recent case.

The hon. Member for Isle of Wight (Mr Turner) expressed concerns about a case in his constituency and made a point on what “regular attendance” means. I hope Mr Platt’s daughter has had a good sports day and that she may represent us in the Olympics in the future.

School brings consistency and routine. Every day of school missed can affect a pupil’s chances of developing as well as their classmates, of passing their exams and of gaining good qualifications with which to build their young lives. Seven million parents know the benefits of regular attendance. After all, schools are in session for just 190 out of 365 days a year.

[Mr Andrew Turner]

The problem is that the hon. Lady is talking generally, but we are talking individually. If she can, she needs to explain the proposal for individual heads, not for the 7 million pupils in the whole country.

[Angela Rayner]

I make it absolutely clear—Members have already done so—that headteachers have discretion where there are exceptional circumstances. Headteachers have the power and discretion to sanction absences. The difficulty is the definition of exceptional circumstances, as we heard in some of the contributions. According to the proposer of the petition, a cancer diagnosis apparently does not constitute exceptional circumstances, which is deeply regrettable. I sincerely hope that that incident is as rare as parents taking their children on unauthorised absences.