School Penalty Fines and Authorised Absence

Michelle Donelan Excerpts

Monday 11th July 2016 Westminster Hall

[Steve Double]

Again the hon. Lady makes a good point, and one that I have come across as I have tried to follow the chain of responsibility. I have met with headteachers, Ofsted and local authority leaders, and there is a lack of clarity about who is responsible—it is a vicious circle. Sadly, that comes down to the ruling and the situation with the Department for Education, which made the blanket ban, and that is the very point that I am challenging.

The policy undermines the place of family and devalues the importance of family holidays in any child’s upbringing. The policy does not enjoy broad support: parents hate it; many headteachers I talk to dislike it hugely and want it to be changed; and even the Local Government Association does not support it. David Simmonds from the LGA said:

“The increase in fines reflected tighter enforcement by schools that are under pressure from Ofsted to meet attendance targets, as well as a rising school population”.

He called for more flexibility in the rules to allow heads to take account of family circumstances where absence is unavoidable. He said that heads

“should be trusted to make decisions about a child’s absence from school without being forced to issue fines and start prosecutions in situations where they believe the absence is reasonable.”

That is a common-sense approach.

I am sure that we all want a good education for all children in this country, but that is not what we are debating. The Government are trying to reduce truancy, which is a persistent problem for a very small number of students, but this blanket approach is not the way to achieve that; it is a blunt instrument hitting the wrong people. There is a big difference between truancy and parents who simply want to be able to spend a holiday with their children. It should be noted that children who are persistently absent are less likely than other children to go on a family holiday. Before the regulations were introduced, authorised family holidays accounted for 7.5% of all absences from primary schools, dropping to 2.5% of all absences from secondary schools, but absence for family holidays was lower, at 1.9%, for persistently absent pupils, compared with 8.2% for other pupils. The policy is focusing on the wrong families; it is hitting the wrong people.

[Michelle Donelan (Chippenham) (Con)]

Given that holidays outside term time are much more expensive, does my hon. Friend accept that children who are restricted from taking time to go on holiday, which can be educational and enriching, tend to be socially deprived and from impoverished backgrounds? We are limiting their life chances with this policy.

[Steve Double]

My hon. Friend makes a good point. We are hitting the wrong people with this policy. The children of families who, because of the economics and the price, can afford to take them on holiday only during term time are possibly the ones who need such holidays the most in order to enrich their experience of the world, to strengthen their family relationships and to expand their knowledge and appreciation of the world, but they are the ones who are being excluded from such highly valuable experiences by this policy.

By stating that a family holiday is not a valid reason for an authorised absence from school, we are not addressing the real issue of persistent truancy. The assumption that absence is the main cause of falling attainment is just that—an assumption that has no evidence to support it. Stephen Gorard, professor of education at Durham University, has said:

“There is an association between the proportion of absence and the aggregate level of attainment of students who’ve had that level of absence but it would be wrong to assume that it was necessarily causal. We don’t know that the absences are the reason for the lower attainment. They could both be indicators of something else such as background characteristics and of course it’s also possible that children who aren’t doing well at school after a time begin to drift away and perhaps take time off. It could be that the causal mechanism is the other way around.”

This policy cannot be considered in isolation. We cannot just take a narrow approach that says, “This is the way to ensure that children attend school regularly,” without considering the wider impact on other aspects of family life and society.

--- Later in debate ---

[Peter Heaton-Jones]

I will discuss the specifics of the petition in a moment, but as I said in my opening remarks, it is not just parents but headteachers who are contacting us to express concerns about the status quo.

It is important to point out that nobody here, including my hon. Friend the Member for St Austell and Newquay, is arguing that education should not be compulsory. Of course it should. Nobody is arguing, either, that parents should have an automatic right to decide that they want to take their children out of school for a set number of days a year.

That goes exactly to the point made by the hon. Member for Nottingham South (Lilian Greenwood). Like my hon. Friend the Member for St Austell and Newquay, I do not agree with the headline of the petition, which mentions bringing back the 10 days of authorised absence. We could argue for some time about whether it ever existed in the first place, but I do not support that idea. I do not believe that parents should expect an automatic right to a certain number of absence days a year, or that a headteacher should expect to approve them. I want common sense. I want the responsibility to go back to individual headteachers and individual parents, so that they decide what is right for individual children in individual cases. I keep using the word “individual” deliberately, because we cannot have a one-size-fits-all policy that seeks to impose a centrally decided rule on all children in all circumstances. We need the common sense of individual discretion back in the system.

[Michelle Donelan]

Does my hon. Friend accept that the policy must be applied on a case-by-case basis, and that more trust in and respect for our teachers and parents is necessary? If requests were considered case by case, headteachers could consider the age and stage of the child, their needs and their other absences throughout the year.

[Peter Heaton-Jones]

My hon. Friend makes an important point. I do not know whether she saw my remarks in advance, but I was coming on to say that what I want is a world where we recognise that the best people to make decisions for children in individual cases are their parents and their headteacher. Those are the people who should be making such decisions, and they need the discretion to do so.

Now, however, everyone is confused by the vacuum created following the Isle of Wight court case. As my hon. Friend the Member for St Austell and Newquay suggested, we need some certainty from the Minister—I am sure that he will be able to provide it—about the Government’s position on the court case, which has left people concerned. In particular, the fear among headteachers to whom I have spoken is that under the existing regulations, if they authorise absences from their school, they will be penalised when Ofsted comes and looks at their absence statistics. Headteachers are rightly worried about the implications of that for the rest of their school.

We need a clear indication from the Minister that when headteachers decide that they wish to authorise an absence in individual circumstances, Ofsted will not count it against the absence figures for their school as a whole. Headteachers need the certainty that if they feel it is right to make a particular decision in the case of a particular child, they can do so without being penalised from above.

My hon. Friend the Member for St Austell and Newquay mentioned the situation in Devon. Due to the uncertainty brought on by the Isle of Wight case, Devon County Council has now suspended all actions against parents, some of whom have been summonsed to court or made a first appearance before magistrates. That is absolutely the right thing to do in the circumstances, but I am afraid it merely adds to the sense of confusion.

One case that hon. Members may have seen reported widely in the national media at about the same time as the Isle of Wight case was that of my constituents Edward and Hazel Short. Mr and Mrs Short have two daughters, Nicole and Lauren, aged 16 and 15 respectively. Nicole and Lauren have represented England at volleyball. They are budding national athletes. This piece of paper in front of me—which is from the Daily Mirror, just to prove that there is absolutely no political bias in my choice of media—describes Nicole and Lauren as

“being hailed as stars of the future.”

This is their story: Nicole and Lauren were invited on a three-week training session. Two of the weeks coincided with school term time, and six and a half days’ absence from school would have been required. Their headteacher decided that he was not in a position to authorise their absence, and a fixed penalty notice of £60 was issued. Mr and Mrs Short decided not to pay it, and the next thing they knew, Devon County Council summonsed them to appear in court. They appeared before north Devon magistrates. They still did not accept the fine, and said that they would fight their case all the way.

Devon County Council then summonsed Mr and Mrs Short further to appear in court this month. When the finding in the Isle of Wight case went against the Government, as my hon. Friend said, Devon County Council decided that Mr and Mrs Short’s case, and a number of others with which it was currently dealing in the same way, would be suspended and no further action would be taken.

--- Later in debate ---

[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.