School Penalty Fines and Authorised Absence

Imran Hussain Excerpts

Monday 11th July 2016 Westminster Hall

[Steve Double]

I will come to that later, but I make the point now that, of course, we are not talking about a free-for-all where parents can just take their children out whenever they like. I am arguing that we should give the discretion back to headteachers, with a degree of flexibility, so that they can decide what is right for each child in each unique set of circumstances and in each family situation, and, taking all matters into consideration, decide what is best for that child, rather than have a blanket ban.

[Imran Hussain (Bradford East) (Lab)]

The hon. Gentleman is making a very persuasive case and is concentrating in particular on the family holiday entitlement, but can I bring him to another area? What about when parents have to take children out in exceptional circumstances? There is an absolute lack of clarity about what constitutes exceptional circumstances and there is no consistency. Does he agree that there need to be national guidelines to determine what exceptional circumstances are?

[Steve Double]

I suspect the Minister will say that guidelines have been provided, but in my experience, most headteachers say that, even when they follow the guidelines and exercise their discretion in saying what exceptional circumstances apply, they get criticised for exercising it when there is an Ofsted inspection. There seems to be a lack of consistency, which is why I argue for putting the discretion back in the hands of headteachers. Give them the freedom—they know the pupils and the families, so let them decide what is best for their pupils.

The Government have made great claims about the importance of the family and the value of a strong stable family to a child’s life and, indeed, to the wider community. I wholeheartedly support that, but it is sad that the family test was not in place when the rule was introduced in 2013. If it were, what would the outcome have been? I take the view that the family test would severely challenge the policy because of its impact on families’ lives. We live in a time when we are getting busier and busier. Time together as families is more precious than ever, so holidays together play an even more important part in the life of many families. It is clear to most people that time away is time to strengthen family relationships and time for parents to focus on their children. The value of that is immeasurable.

The simple fact is that, for many families, the choice is either a holiday during term time or no family holiday at all. For some people, that is due to their work situation—it is just not possible for many parents to take time off during school holidays. That is particularly true in my constituency, where people work in the tourist industry, but it is also true for many public sector workers in the NHS, the police and other sectors. For other families, it is simply a case of economics. A holiday during the peak season can be two or three times the price of a holiday during term time. For many families, it is just not affordable to take a holiday in the peak season. The Family Holiday Association reports that about 7 million families in the UK are simply unable to afford a week’s holiday.

It is easy for MPs, Government Ministers and education officers, who earn more than five times the salary of the average person in my constituency and, indeed, people in many other parts of the country, to say that people should only take a holiday out of term time. As someone suggested to me recently, the problem does not affect those in private education, as private schools have longer school holidays anyway. I am sorry to say that the situation simply shows that we do not understand the reality of life for many families. It is not a case of just looking for a cheap holiday. For many families, it is the only holiday they can afford, so it is a matter of a term-time holiday or no holiday.

We are discriminating against those on low incomes by saying that if they cannot afford the high prices charged during the school holidays, they do not deserve a family holiday. The policy is making the situation worse. By focusing all demand on the few weeks of school holidays, the rules of supply and demand mean that the prices go up during those weeks, and the drop in demand during term times means that the prices go down in those weeks. The differential between a term-time week and a school holiday week is widening. The message from the Government to our children is quite simple—that time in the classroom is more important than time away with their parents. Quite frankly, that is wrong.

My second point is that the policy denies the value of a holiday to a child’s development and education. Education does not take place only in the classroom. Although no one would deny the importance of children learning maths, English and the other core subjects, we should also accept that there are other equally important aspects of any child’s education. Education should be about preparing our children for life, work, being a good citizen and playing their part in the world. It is not just about passing exams. The opportunity to travel—to other countries or to other parts of this country—can and does play a valuable part in any child’s upbringing.

--- Later in debate ---

[Peter Heaton-Jones]

I thank the Minister for his views. I shall simply say this: at the moment, we are in a mess. Teachers, headteachers, schools and parents do not know where they stand. I take his point, which is perfectly reasonable. I do not agree that I am exaggerating the situation, though, because I have been on the receiving end—as I am sure other hon. Members have—of hundreds of emails, letters and phone calls from parents and headteachers who are deeply worried about the position in which they now find themselves. That is not an exaggeration.

[Imran Hussain]

Does the hon. Gentleman agree that when a family go to Pakistan to visit family members and there is an unexpected death in the family in Pakistan, that is an exceptional circumstance? That family were fined on their return. If that is not an exceptional circumstance, what is?

[Peter Heaton-Jones]

I thank the hon. Gentleman for that intervention. The Minister said that this debate boils down to the definition of “exceptional circumstances”; under any definition, what the hon. Gentleman has just described would be exceptional.

It is absolutely right that the Government have a duty to ensure that parents send their children to school and that children have a full academic record, but my fear is that the 2013 guidelines put us in a field of unintended consequences. They are having a serious effect on many families in my constituency and further afield whose only crime is to want to take a holiday when they can, or to take their children away based on some other perfectly reasonable grounds or exceptional circumstances. The guidance is well intended, but I fear that, in the lack of flexibility that is being applied to its interpretation in some quarters, it is having unintended consequences. Otherwise innocent parents, who simply want the best for their children and are the right people to know what is best for them, are being criminalised. I hope I can work with the Minister, co-operatively, to put things right.

--- Later in debate ---

[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.