Term-time Leave

Nick Gibb Excerpts

Monday 26th October 2015 Westminster Hall

[The Minister for Schools (Mr Nick Gibb)]

I am listening carefully to the powerful speech that my hon. Friend is making. In answer to his question, once a child is registered at a school, he or she is subject to the same rules as children who are of compulsory school age.

[Steve Double]

I am grateful to the Minister for clarifying that point.

Other parents have told me of children missing out on scores of significant family celebrations. In fact, there seems to be a bit of confusion on what constitutes an exceptional case where headteachers are allowed to grant an authorised absence. Headteachers are being put in the impossible position of having to make choices about children attending family events—quite frankly, those are decisions that parents should be free to make. Headteachers have told me that even when they do exercise their judgement and authorise an absence, they then risk the spectre of Ofsted criticising that decision. Pitting family life against the classroom, as the policy sadly does, is one of its most regrettable aspects.

--- Later in debate ---

[Scott Mann (North Cornwall) (Con)]

I welcome you to the Chair, Mr McCabe, and I thank my Cornish colleague, my hon. Friend the Member for St Austell and Newquay (Steve Double), for spearheading this debate. He has been instrumental in making the public aware of today’s debate and the general debate in wider circles about allowing children to be taken out of school to go on holiday. As an MP for a key tourist destination, I know how the current policy is detrimental to my constituents and the economy of North Cornwall and of Cornwall as a whole.

There are various reasons why I support calls for allowing children two weeks off in term-time. First, I do not feel it is right for the state to tell parents when they can and cannot take their children on holiday, as my hon. Friend said. As a parent, I would not do anything to negatively affect my child’s education. However, I am also confident that were my child to come out of school for a holiday, she would have a broader understanding of the world and a memorable experience that she could take back and share with her classmates. I am confident that parents in my constituency would not do anything detrimental to their child’s education; they could take them out and the educational trips would be mind-broadening.

When it comes to holidays, headteachers should regain the say over when pupils can go on holiday. The whole point of a headteacher is to run the school and remain accountable to parents, so why are we not giving parents the ability to choose and headteachers the freedom to decide? I can allude to one instance on Padstow ’Obby ’Oss day—a popular day for merriment in Padstow and in Cornwall generally—when a young person was denied leave to go out on a day that is so big for the area. Holidays and days off can be incredibly educational for children. Granted, children do learn a lot when they have high attendance in school, but two weeks’ maximum is a drop in the ocean compared with the total amount of time that they are in school. Headteachers need to be able to use discretionary powers on holidays. A headteacher has a huge understanding of the importance of education for a child.

[Mr Gibb]

I have listened carefully to another very good speech. When my hon. Friend says that two weeks is a drop in the ocean, does he mean one two-week break in the whole 11-year or 13-year career of a child, or does he mean a two-week break every year?

[Scott Mann]

I would be flexible on that. We simply need to give parents the ability to take their children out of school at some time during those years. I am not a wealthy man. I cannot afford to take my child away on holiday year after year. If we can give people the ability to save up for holidays and have a week or a couple of weeks in the sun, they will benefit from that. If a child has been out of school for too long because of sickness or holiday, we should allow headteachers to say that it is not appropriate for them to take time out for a holiday, but if someone has high attainment records and has demonstrated that they are prepared to do some educational work when they are on holiday, they should be granted it.

We believe in a free market economy. When demand goes up, prices go up. However, it is wrong to deny families on lower incomes the opportunity to go on holiday simply because of a week’s schooling. Schools need to embrace the fact that children go on holiday. They should encourage children to write diaries, take photographs and bring back souvenirs to show their school friends. Holidays are beneficial not only to them, but to their peers. What better way to learn about the world and its history or geography than to have a person in the classroom to illustrate the area they have been to?

The current policy of not allowing children to go on holiday during school time is also hitting the Cornish economy hard. It has been estimated that the west country has lost £87 million a year, with Cornwall seeing an 8% drop in visitors and revenue down by £44 million in 2014. We need that money to continue to invest in Cornwall’s tourism economy to ensure that people remain in employment. I have many constituents who work in the holiday and tourism industry, and they need to work at the very time when their children are not in school.

Such a restrictive policy means that our tourism sector has to cater for a holiday season that sees huge volumes of people visiting my constituency over six weeks, but outside that time we no longer have huge numbers of people coming down. It is very frustrating and places huge demands on business owners over those six weeks. It also creates problems with the recruitment of seasonal staff and adds to congestion on the roads. A much more flexible approach would be to allow parents to choose to holiday before or after the summer holidays, which, in economic terms, would help us to extend the tourist season.

Parents need time out. They want to go away and make memories with their children. Why should we deny people that for the sake of a few days off school? Ultimately, I support the calls being made by fellow MPs and the 120,000 people who signed the online petition. Parents should be allowed to take their children out of school and go on holiday. I hope that the Minister understands my views and will consider changing the policy.

--- Later in debate ---

[The Minister for Schools (Mr Nick Gibb)]

It is a pleasure to serve under your chairmanship for the very first time, Mr Hanson. I congratulate my hon. Friend the Member for St Austell and Newquay (Steve Double) on securing this debate on a subject that is close to his heart. We met in July to discuss these very issues. I also thank the Family Holiday Association and the Parents Union for their briefing on the matter.

I am pleased that this debate gives me the opportunity to set out the Government’s position and to hear other colleagues’ views. We have had an interesting debate, with powerful speeches from my hon. Friends who represent some of the most beautiful parts of the country, including my hon. Friends the Members for Chippenham (Michelle Donelan), for Mid Worcestershire (Nigel Huddleston), for North Cornwall (Scott Mann), for North Devon (Peter Heaton-Jones), for Central Suffolk and North Ipswich (Dr Poulter) and for Stroud (Neil Carmichael). We also heard from the hon. Member for Ayr, Carrick and Cumnock (Corri Wilson).

We are talking about an important issue. It is part of our objective of pursuing social justice. All our education reforms are about social justice and about ensuring that every child, whatever their background, benefits from an excellent education, so that they have a chance to succeed in the modern and demanding economy that Britain has become. That is what our behaviour policy is all about. It is what our reforms to the curriculum are all about. It is what our focus on phonics in the early teaching of reading in primary school is all about. It is what ensuring that all children, regardless of their background and regardless of geography, attend school regularly is all about.

I listened carefully to the argument made by my hon. Friend the Member for St Austell and Newquay about the impact on the tourism industry in Cornwall of our objective of ensuring that all children attend school regularly. I want to start by clarifying what the 2013 regulatory changes actually change. There is a widespread misunderstanding that before 2013, parents were entitled to take their children out of school for a holiday. That was not the case, and it never has been. The amendments to the law in 2013 simply clarify the position. Previously, as the hon. Member for Scunthorpe (Nic Dakin) has said, headteachers were able to grant leave for the purpose of family holiday in “special circumstances” for up to 10 school days per year, and longer in other circumstances. That was, however, being interpreted as a right to take two weeks off every year, which has never been the case. We wanted to clarify the legal position to make it clear that it is not the case that every person has a right to take their child out of school on a term-time holiday. Even before 2013, it was not the case.

I understand that in some areas of the country with seasonal industries, whether agriculture, horticulture or tourism, there are particular challenges. We are currently reforming education in this country to create a school-led system, so that decisions can be made close to home, reflecting local needs. Therefore, schools and local authorities in the south-west have a clear role to play in supporting the tourism industry, without compromising children’s attendance at school.

If parents and schools want different term dates, we encourage them to discuss that with their local authority. Academies, foundation schools, voluntary-aided schools and foundation special schools can, even now, set their own term dates. As of January 2014, some 76% of secondary schools and 35% of primary schools, educating some 52% of all registered pupils, already had responsibility for their own term and holiday dates. That does not have to involve massive restructuring. This year, schools in Reading returned for the autumn term on 8 September, and next year they will close for the summer holiday on 26 July. Similarly, the David Young community academy in Leeds operates seven terms, or blocks. That enables parents to take their children on holiday outside the expensive peak holiday season. Although it is at an early stage, another example of innovation is Visit Cornwall’s development of a proposal for a family enrichment week for early years and primary schools in the spring of each year. It strikes me that Cornwall provides a perfect example of a situation where the local industry should prompt schools and local authorities to change their term dates so that families who work in the tourism industry can take their own holidays outside of the peak season. These examples show that measures can be taken to address the needs of a local tourism industry, while ensuring that children stay in school.

Keeping children in school is crucial for achieving our aim of educational excellence everywhere. Evidence shows that pupils with no absence from school during key stage 2—in primary school—are over four and a half times more likely to reach level 5 or above at the end of primary school than pupils who missed 15% to 20% of school time. The outcomes are similar at key stage 4, where pupils with no absence are nearly three times more likely to achieve five A to C grades in their GCSEs, including English and maths, and around 10 times more likely to achieve the English baccalaureate range of GCSEs than pupils missing between 15% and 20% of school time across key stage 4.

When evidence attests to the benefits of good school attendance so clearly, parents have a duty to ensure that their children attend school regularly. No one in the Department for Education says that holidays are not enriching experiences—of course they are—but schools are in session for 190 out of 365 days a year, leaving 175 days in a year in which parents can take their children away on holiday.

My hon. Friend the Member for North Cornwall made a thoughtful speech. I listened carefully to what he said, but I do not accept that two weeks in each year of a child’s education is a drop in the ocean. As my hon. Friend the Member for Central Suffolk and North Ipswich pointed out, even one week away from school in a year can make a significant difference. Some 44% of pupils with no absence achieve the English baccalaureate range of GCSEs, but the figure falls by a quarter to just 31.7% for pupils who miss up to 14 days of lessons over the two years in which they study for their GCSEs. My hon. Friend the Member for North Devon quoted Charlie Taylor, the Government’s expert adviser on behaviour. In his 2012 report “Improving attendance at school”, Charlie Taylor calculated that if children are taken away for a two-week holiday during term time every year and have an average number of days off for sickness and appointments, by the time they leave school at 16 they will have missed a year of school. It is for that reason that I cannot support the request set out in the petition.

My hon. Friend the Member for North Devon said that no parent would use the two weeks of flexible term-time holidays every year, but he cannot guarantee that. We have heard powerful arguments about how important it is for parents to be able to take their children out of school; those arguments apply each and every year to all the pupils that that argument is deemed to affect. Instead, I encourage headteachers to use every measure they can to ensure that children attend school. Charlie Taylor found that the best schools work with parents to improve attendance and offer a wide range of support to help parents to get their children to school. If that is not successful, headteachers can, as a last resort, issue parents with a penalty notice or take them to court.

Criminal prosecution can result in fines of up to £2,500 and possible imprisonment. In 2012-13, about 52,000 penalty notices were issued. The number of prosecutions also increased in that period, but these measures have resulted in significant progress in reducing absence. Now 200,000 fewer pupils regularly miss school compared with five years ago—down from 433,100 in 2010. Overall, the absence rate is down from 6% in 2009 to 4.4% in the 2013-14 academic year, which means that 14.5 million fewer school days were lost to overall absence as a result of the combination of policies that we have introduced over the past five years. Some 3 million school days are lost due to holidays, and that figure is down significantly; 2.3 million more teaching days are happening as a result of clamping down on unauthorised term-time holidays. We should be proud of that if we believe that every child should have the opportunity of a first-rate start in life.

Headteachers continue to have discretion to approve term-time leave, but should only do so in exceptional circumstances. Many of my hon. Friends, including my hon. Friend the Member for St Ives (Derek Thomas), have called for more guidance. The National Association of Head Teachers published guidance in October, which made it clear that:

“If an event can reasonably be scheduled outside of term time then it would not be normal to authorise absence.”

It went on to say that children may need time away from school to visit a seriously ill relative or to attend the funeral service of a family member. However, term-time holidays and visiting family members abroad are not considered by the NAHT to be exceptional circumstances and it says that they should be scheduled only for holiday periods or outside of school hours.

My hon. Friend the Member for Chippenham raised the example of a family going through very difficult circumstances and wanting time off as a family, a request that was refused by the school. The NAHT guidance says:

“Absences to visit family members are also not normally granted during term time if they could be scheduled for holiday periods or outside school hours. Children may however need time to visit seriously ill relatives.”

[Nic Dakin]

I just want to check whether the Minister is commending the NAHT guidance to headteachers as a point of reference? He is drawing good attention to it.

[Mr Gibb]

Yes. The whole essence of our education reforms is to hand back more power to the teaching profession. It makes absolute sense for teachers and headteachers to rely on the guidance produced by the NAHT. The introduction to the guidance states:

“Term times are for education. This is the priority. Children and families have 175 days off school to spend time together, including weekends and school holidays.”

That is the NAHT’s view and we think that it is correct.

[Steve Double]

Will the Minister clarify something? Although, in theory, families have 175 days a year to be together, some people work in tourism or other industries in which they cannot take time off during those times. Would he consider such a situation to be an exceptional case, where headteachers would be right in granting a holiday?

[Mr Gibb]

That is a matter for the discretion of the headteacher. In such a situation, I would commend, as the hon. Member for Scunthorpe (Nic Dakin) intimated, looking at the NAHT guidance. If we are talking about a whole industry across a large geographical area, employing many millions of people, the best approach would be to use the term-time flexibilities to change the school term times to take into account the particular industries of that part of the country.

[Steve Double]

I take on board what the Minister says. Does he remember that he recently wrote to me saying that the Department had consulted educational authorities, which had rejected this idea saying that they thought it was unworkable?

[Mr Gibb]

My hon. Friend is a powerful advocate of the case he is making. I have every confidence that he will apply that advocacy locally as well as he is doing in this debate. I hope that he will have more success with the local authority than has been achieved so far.

My hon. Friend the Member for St Ives raised the issue of the cost of holidays. He spoke of the period at the end of the summer term, when teaching might be reduced in some schools. If his argument is that all children should be allowed to be off school during the last two weeks of the summer term, holiday prices, supply and demand would of course be affected by the mass use of that time across the country.

We know that holidays can be important and enriching experiences, but so too is school. Although we recognise the difficulties faced by some parents in taking a holiday at particular times of the year, disrupting their children’s education is not the answer. Pupils need continuity in their education. A good curriculum is planned sequentially, with knowledge building upon knowledge. Missing a step in such a sequence can cause a pupil to fall back, with pupils often finding it hard to catch up. A two-week holiday might mean that a pupil misses out on the lessons in which their teacher explains long division, long multiplication, fractions, Newton’s second law or Ordnance Survey six-figure grid references.

I remind hon. Members that the NAHT guidance makes it clear that there are many circumstances that it would regard as exceptional, such as where children

“need…to visit seriously ill relatives.”

The guidance says that absence for a bereavement of a close family friend is usually considered an exceptional circumstance, as are

“Absences for important religious observances… Schools may wish to take the needs of the families of service personnel into account if they are returning from long operational tours that prevent contact during scheduled holiday time. Schools have a duty to make reasonable adjustments for students with special educational needs”.

Point 10 of the guidance states:

“Families may need time together to recover from trauma or crisis.”

The NAHT guidance lists carefully constructed exceptional circumstances that cover many of the issues raised by hon. Members in this important debate.

We encourage all parents and schools that want different term dates to discuss the matter with their local authority or, in other cases, directly with their children’s schools. If more schools and authorities, such as the David Young community academy or Reading local authority, vary their holiday and term times, access to holidays outside of the more expensive holiday season will become increasingly common for parents.

I am grateful to my hon. Friend the Member for St Austell and Newquay, and other hon. Members, for raising the issue of term-time leave. He has raised some important concerns, and I hope he is happy that the Government have heard those concerns, both today and in our previous meetings. I hope he will understand that our overarching objective is to improve the life chances of the most disadvantaged children in this country. I also hope he will accept that many of his objectives can be achieved by using local discretion to set term dates.