School Penalty Fines and Authorised Absence

Angela Rayner Excerpts

Monday 11th July 2016 Westminster Hall

[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.

[Michelle Donelan]

Does the hon. Lady agree that it is preposterous to say, in an era when we trust so much responsibility day in, day out to our headteachers and teachers to look after children and ensure that their wellbeing is safeguarded and their educational needs are met, that we cannot trust those very same people to make a decision or call whether an absence is in the child’s best interests, based on their age, stage of education and other absences throughout the year? Does it not perhaps go so far as to patronise the teaching professions?

[Angela Rayner]

We have to weigh that against the evidence that says that every day lost through a child’s absence can have a significant impact on their education. The Government’s response has to be to set guidelines, but headteachers and the community of course have an obligation as part of that. That is still within the remit and powers of the current legislation.

[Steve Double]

The hon. Lady makes the point that every day a child is absent from school affects its education, but the reason for the absence should be taken into consideration. If the child is absent but participating in something that is fundamentally going to be good for their wellbeing and development as a person, that could be beneficial to their overall education and not necessarily always detrimental.

[Angela Rayner]

The hon. Gentleman makes a compelling case. There are various reasons why children could be absent from school. From today’s contributions, one of the compelling reasons why people have said they would like to be able to take their children out of school is the motivation of parents to take their children on a family holiday. I completely understand and sympathise with that situation. I have been a parent for many years, and prior to coming to this House, I was on a low income. I understand and feel their frustration at the rise in cost—in some instances it is an increase of as much as 150%. That makes most holidays unaffordable for most hard-working families.

Like other Members, I want the Minister to tell us what talks are under way to work with the travel industry to try to mitigate the cost of holidays for families who have already withstood austerity and are living on the breadline.

I also understand the concern about the level of the fines. If the fine is not paid, the parent can be prosecuted and fined up to £2,500. They can also receive a community order or even be jailed for up to three months, so I share the concerns that many Members have raised.

Following the High Court’s ruling in favour of Mr Jon Platt, the Government have made it clear that they are now considering changing the legislation and strengthening the statutory guidance given to schools and local authorities. We welcome any attempts to clear up any confusion and to remove the doubt and uncertainty about the legal position as we await a final decision on Mr Platt’s case. In the meantime, no one should be in any doubt that parents must ensure their children go to school. This is non-negotiable. Only schools can authorise absence. They have discretion in exceptional circumstances and they will hopefully use that wisely. The vast majority of parents accept that, and they accept that in a decent, law-abiding society, where our children are the country’s most precious asset, sending their children to school is the right thing to do.