School Penalty Fines and Authorised Absence

Debate between Nick Gibb and Andrew Turner

Monday 11th July 2016 Westminster Hall

[Mr Gibb]

Could my hon. Friend define what he means by “good” in that circumstance, and will he confirm that it is the level that the hon. Member for Nottingham South (Lilian Greenwood) referred to as one day a fortnight?

[Mr Turner]

No. Mr Platt used the term “good” to describe his child attending school all-year round except for a fortnight, which is not the same as one day a fortnight, and there was no evidence from any quarter to question that description.

Isle of Wight Council wanted a different interpretation of the law and so it took Mr Platt’s case to the High Court. The High Court found that it was not acceptable for the authority

“to criminalise every unauthorised holiday by the simple device of alleging…that there has been no regular attendance in a period limited to the absence on holiday.”

The judgment said that regular attendance must be measured over a longer period of time, and Mr Platt’s daughter’s attendance record was satisfactory in that respect.

The High Court’s judgment did not find favour with either Isle of Wight Council or the Department for Education. The Department has now provided the council with funding and legal support to take the case to the Supreme Court. Mr Platt is being given no such help; he is fighting this battle using private resources and not public money. The state is throwing the book at him for daring to stand up to the authorities and being found right—not once, but twice. So this is a real David and Goliath situation.

I am a former teacher and both my parents were teachers, too, so I understand the importance and value of education. I have experienced at first hand the difficulties of teaching a class where not all the children are in the classroom full-time. However, I have also seen the immense value of family holidays, in educational and other terms.

I have listened to the Government’s argument about the relationship between attendance and attainment. It exists, but it is not a simple picture. As the latest research from the Department itself says:

“There are a range of pupil, school, parental and societal characteristics that are likely to affect attainment in varying degrees.”

It is the interplay of factors that cannot be judged in Whitehall. Schools can collaborate with parents to ensure that a child’s education will be enriched by a family holiday and of course the child can be set work to be completed while they are away.

However, if the headteacher cannot justify that the holiday is being taken in “exceptional circumstances”, then parents can be criminalised under legislation introduced by statutory instrument in 2013. For many years, parents have been legally responsible for their child’s regular attendance at school, and headteachers are accountable for the performance of their school and their pupils. So it should be headteachers, working with parents, who decide whether or not to allow a family holiday, or any other kind of absence, after taking into account all the individual circumstances.

Before being elected to this House, I ran the Grant Maintained Schools Foundation and I am proud that this Government have taken forward the principle that we worked so hard to promote—greater autonomy and decision making in schools. So I find it incomprehensible why, on this particular issue, the Government insist that they know better than headteachers what is best for individual children.

There is a misconception that prior to 2013 parents had a right to take their children out of school for up to 10 days for a holiday. That was never the case. Headteachers were able to agree to a child being absent on a family holiday in “special circumstances”. It has been said, including by my right hon. Friend the Minister for Schools himself during a debate last October, that the 2013 amendments “clarified” the situation, but I disagree. A change from “special circumstances” to “exceptional circumstances” is a material difference, and it has given rise to markedly different approaches from local education authorities.

We now have a postcode lottery that determines whether a parent is prosecuted. For example, I understand that in the west country Cornwall has issued four “school fines” in the last three years, but Devon, which is just next door, has issued 1,386 such fines in the last year alone. The variation is great even among just primary schools on my island. In one school, the parents of 176 pupils received fines over three years, while another school did not issue any fines at all. That cannot have been the Government’s intention—or, if it was, they are not explaining it well.

Term-time Holidays

Debate between Nick Gibb and Andrew Turner

Thursday 19th May 2016 Commons Chamber

[Mr Gibb]

That issue was examined some years ago, and it was determined that it is not a case of the holiday companies ripping off their consumers. Hotels around the world and in this country simply charge higher rates during the summer months and the peak seasons than they do out of peak, which is a matter of market economics.

[Mr Andrew Turner (Isle of Wight) (Con)]

Mr Platt is a resident of my island, and it is Isle of Wight Council’s unfathomable decision to take him to court that has brought about the current situation. It seems to me that the legislation is quite clear: it is for the headteacher to decide what constitutes exceptional circumstances. The head is undoubtedly in the best position to take account of the full picture of any request for absence. It is hard to envisage legislation, or even guidance, devised here or in Whitehall, that could properly take account of all possible exceptional circumstances. Do the Government intend to take the decision away from the person who is ultimately responsible for the performance of their school?

[Mr Gibb]

My hon. Friend explains the situation accurately. It is for the headteacher to determine whether there are exceptional circumstances so that they can grant authorised absences.

Oral Answers to Questions

Debate between Nick Gibb and Andrew Turner

Monday 7th March 2016 Commons Chamber

[Mr Gibb]

I do not accept the comments of Her Majesty’s chief inspector of schools. We are doing everything we can to recruit. Despite increasing pupil numbers, and the challenge of a strong economy and the strengthening graduate jobs market, we are ensuring that there are now record numbers of teachers in our classrooms. There are 13,000 more teachers in our classrooms today than in 2010. Recruitment in teaching is a challenge. I use every platform I have to extol the virtues and rewards of teaching to help raise the status of the teaching profession. What does the hon. Lady do?

[Mr Andrew Turner (Isle of Wight) (Con)]

Will the Minister join me in welcoming the development of high-quality curriculum materials under the banner of Education Destination, which uses the Isle of Wight’s natural environment and attractions to teach outside the classroom?

[Mr Gibb]

Yes, of course. Field trips, and trips to the theatre and to museums and so on, are a very important part of education, and we would encourage more schools to organise as many such trips for young people as possible.

Oral Answers to Questions

Debate between Nick Gibb and Andrew Turner

Monday 11th July 2011 Commons Chamber

[Mr Andrew Turner (Isle of Wight) (Con)]

T2. Five families have been refused admission to Wootton primary school on the Isle of Wight from the beginning of next term, which means that four-year-olds will have to travel to other schools, the nearest of which is 2.5 miles away. Mothers who want to travel with their child would have to pay for that, assuming that public transport was available. This is a complete scandal. Surely the ridiculous limits on the size of primary schools imposed by the Labour party need to be reconsidered, and before the beginning of next term.

[The Minister of State, Department for Education (Mr Nick Gibb)]

I have every sympathy with my hon. Friend’s point. It is not the first time that we have received reports of this nature, with families frustrated and confused by an admissions system that is too complex and bureaucratic and which effectively rations places in good and popular schools. That is why we are consulting on simpler and fairer admissions systems. The key point is that there are simply not enough good school places, so it was absurd that it was not possible before to raise the number of places in good schools. Increasing the flexibility to do so is therefore a major part of the new admissions code.

Oral Answers to Questions

Debate between Nick Gibb and Andrew Turner

Monday 7th June 2010 Commons Chamber

[Mr Gibb]

Despite the fact that the Government inherited a public finance deficit of £156 billion, we have been able to say that there will be no cuts in front-line funding for schools, Sure Start or 16-to-19 funding.

[Mr Andrew Turner (Isle of Wight) (Con)]

10. What recent assessment he has made of the level of participation by primary schools in the academies programme; and if he will make a statement.

[The Minister of State, Department for Education (Mr Nick Gibb)]

There are currently 23 all-age academies open that include primary provision. The Academies Bill will also open up the academies programme allowing all primary schools to apply to become academies in their own right. There has been a very high level of interest from schools with more than 250 outstanding primary schools already registering with the Department. We expect the first of those schools with an “outstanding” rating from Ofsted to open as academies from September 2010.

[Mr Turner]

The Minister may recall that in the early years of grant-maintained status, secondary schools were able to opt out, but primary schools had to wait, although subsequently they found that the operation was relatively easy. Will he ensure that, this time, primary schools have the opportunity as quickly as other schools?

[Mr Gibb]

My hon. Friend will be pleased to see in the Academies Bill, which is receiving its Second Reading in another place, that primaries will be able to apply for academy status. Indeed, the 250 outstanding primaries that have registered an interest with the Department will be fast-tracked to that status by, I hope, this September.