Term-time Leave

Debate between Melanie Onn and Dan Poulter

Monday 26th October 2015 Westminster Hall

[Dr Poulter]

The hon. Gentleman makes a good point. The data are generic—we know that there is a link between absence rates for all reasons and lower attainment at school. Of course we would expect pupils who are missing school regularly and not turning up for reasons such as truancy to do less well at school than those who attend regularly—there is other evidence to support that. That is the hon. Gentleman’s point, but my understanding of the data is that, generally, higher rates of absence equal lower levels of attainment.

When putting regulations in place—perfect ones are difficult, but they are there for the right reasons—we need to look at something the Minister alluded to in an intervention on my hon. Friend the Member for St Austell and Newquay. Were we to facilitate routinely two weeks of holiday for pupils during term time, over a pupil’s school career that would represent about 24 weeks of extra holiday in school time—almost half a year of extra holiday and of lost learning time being facilitated by law. That is not something that anyone ought to want to facilitate in Government regulation. Such a situation would clearly be detrimental to a child’s development, future life chances and chances at school.

Regulations are difficult to make, but there is a reason why they are in place. We have failed to discuss the level of discretion available to headteachers at the moment and I will come on to that. It is right to have given discretion to headteachers, who may look at the circumstances involved, but there might be an issue to do with refreshing some of the guidance. Perhaps the Minister will talk about that in his response.

The background to the legislation is that parents are not now able directly to authorise absence themselves; they must do so with facilitation from the headteacher. The initial framework of the regulations was put in place by the then Labour Government in 2006 and changed by the coalition Government in 2013. Under the new regulations, headteachers may not grant leave of absence during term time unless there are exceptional circumstances.

The matter is therefore one for the headteacher. A fine for an unauthorised absence is possible, but discretion has been given to the headteacher to look at the circumstances, and they have done so in a number of cases. Clearly, in our increasingly multicultural country—something we celebrate—different religions have certain celebrations at different times of the year. Certain schools and headteachers recognise that and use those exceptional circumstances of religious celebration to exercise their discretion.

We need to look at what we want in regulation—a duty that is in effect permissive, allowing such absence, or one that allows the headteacher to look at the circumstances, making it the rule that leave should not be given without exceptional circumstances. A permissive duty would in effect allow an extra half year of holiday and missed school in pupils’ lives, so the legislation has probably come down on the right side of the argument: in support of the headteacher’s having discretion.

[Melanie Onn]

I appreciate the hon. Gentleman’s point about a permissive duty and the responsibilities held by headteachers. Is there not also a substantial argument to support headteachers’ being given guidelines to allow for consistency, as the hon. Member for St Ives (Derek Thomas) mentioned? Should there not be an enhanced framework to support those headteachers to make such decisions and to make things a bit clearer across the board?

[Dr Poulter]

I completely agree. The hon. Lady mentioned earlier how a number of headteachers are confused about what circumstances they may consider exceptional. My hon. Friends have made similar points. Given a survey of teachers that indicates concerns about how to act and how to interpret the regulations, there is clearly something that to be said for the need to refresh the guidance so that teachers have clearer guidelines. I am sure that the Minister will address that in his remarks.

Councillor Roy Perry, chairman of the Local Government Association’s children and young people’s board, said:

“The current rules tie families to set holiday periods.”

He added that the system does not easily define what

“would class as a special occasion”,

and does not take

“into account a parent’s work life”—

a point made earlier in the debate. I believe that headteachers would benefit from clearer understanding and guidance to inform their decision on exceptional circumstances.

The other issue raised in the debate was about having staggered school holidays, which touches on a number of matters, including the business concerns. The regulations apply to England, but I was recently fortunate enough to visit Scotland, where there are clear differences in school holidays between neighbouring areas—for example, Fife had a longer October break than Edinburgh. Such flexibility might be desirable and deal with some of the concerns. That needs to be looked at.

Making legislation and regulations can be difficult. The balance is on the right side in this case, which is not actively to facilitate school-time absence, but to make it an exception, although guidance could do with being looked at. The answer might lie in clearer guidance, or in a degree of staggered school holidays. Clearly and fundamentally, we need to look after the children. Better guidance for headteachers would be better not only for the headteachers themselves, but for parents, in enabling them to understand the benefits of the policy. The policy is designed to help children receive a good education and to provide them with the best possible start in life.