Holiday Pricing

Thérèse Coffey Excerpts

Monday 24th February 2014 Westminster Hall

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

Will my hon. Friend confirm whether the previous rule used to be about 10 days or 10 sessions? I think he will find that a session is actually half a day.

[John Hemming]

My understanding was that it was 10 days.

[Dr Thérèse Coffey]

I think that is wrong.

[John Hemming]

My hon. Friend may be right, but that has been changed anyway.

There is also the issue of the new regulations, which we discussed with the Backbench Business Committee. A group called Parents Want a Say was established following the introduction of the new regulations, and it has a website. A number of e-petitions relate to the issue of school holidays. E-petition 49640 is entitled “Reverse the changes to school term time family holiday rules”.

E-petition 53002 states that it is

“calling on the government to help British families manage the ‘Parent Trap’ of inflated holiday prices in summer by suspending or reducing the rate of Air Passenger Duty (APD) for the annual school summer-holiday period of July and August.”

E-petition 45247 states:

“Relax the strict rules on term time holidays for school children.

Give parents the right to take their child on holiday in term time if the holiday would benefit the child.

Respect the rights of the child and bring term time holiday regulations in line with UNCRC (specifically article 3,4,5 and 31).

Standardise the criteria for term time holiday approval to prevent inconsistencies.”

E-petition 46455 states:

“Family time is so much more essential in the current working world, but so many people cannot afford holidays in school holidays. A break at home is not the same as getting away from it all where there isn't any house work or DIY to get done, instead focus is on family. Its time to stop the holiday companies cashing in on school holidays and let parents have some guilt free family time! Enforce action that caps the percentage increase on holiday prices in school holidays.”

There are also e-petitions 55426, 51533, 42884 and 23709, which I am not going to read out. This debate is a very good example of how effective an e-petition can be in getting an issue of considerable concern to many constituents across the country raised and debated in Parliament. It looks to me like an example of the success of the e-petition system.

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[Natascha Engel (North East Derbyshire) (Lab)]

Thank you, Mr Turner, for calling me to speak in this important debate. I also thank my colleague on the Backbench Business Committee, the hon. Member for Birmingham, Yardley (John Hemming), for securing it. When the e-petition came to us, we recognised its importance, not only because it reached 100,000 signatures, but because of the number of constituents who talked to us about the issue. His comprehensive speech—I hope I do not repeat any of it—highlighted how this is about individual cases. A big national policy that is supposed to apply to every single case will simply not work. I want to use a couple of examples from my own constituency to highlight how a more sensible policy would look at each individual case—each individual child and each individual parent—and give schools far greater discretion to allow people out of school and for how long.

We all agree that education is crucial and that the more time a child misses from its education, the worse it is for that child. Nobody is arguing for taking children out of school indiscriminately just because it is a little cheaper to go on holiday. We are talking about the people who are least able to afford to go on holiday, who have already got the greatest pressures on them.

A constituent of mine, Tim Farmer from Dronfield, has written to me. He and his partner share child care. One of them starts work at 6 am and the other finishes work at 11 am. They cannot afford to take their children on holiday during term time, and not spending time together means that the family is put under pressure. Heaped on top of that, they work absolutely punishing hours and never get the chance to spend time together as a family. That puts additional pressures on family life, and we are seeing, especially at a time of austerity, more and more families breaking up. We must look at the costs of not doing anything about it.

I have a distressing case in which the school’s response illustrates how a national policy does not really work in individual cases. The case involves a man who is separated from his wife. His seven-year-old daughter goes to a school in the constituency; he lives 120 miles away and visits on alternate weekends. The girl has just been diagnosed with a brain tumour, and they do not know what will happen to the child. He has asked the school whether he can take the girl on holiday for a week. The school has cited Government legislation to say there will be no unauthorised absences. It sounds quite threatening, but the school has no option, because of the rules. The school wrote:

“As from 1st September 2013 any holidays during term time will not be authorised, unless there are exceptional circumstances, for which there are set strict criteria. This is Government policy and parents who take their children on holiday without permission will incur unauthorised absences for their child. These remain on the child’s record and will be monitored for further action by the Education Welfare Service. Parents could be issued with a fixed penalty notice and/or court action.”

That is quite threatening language, but it is national policy. If a child with a brain tumour does not fall under the category of a special case, I do not know what does.

Tim Farmer’s children have got 99% to 100% attendance at school. He wants the best for them, but he also says that going on holiday with the family provides a cultural experience, a broadening of horizon and a stability for the children that helps them. Education is much wider than what people get at school.

[Dr Thérèse Coffey]

Has a teacher or head teacher approached the hon. Lady on this topic, and, in this particular case, has she had a chance to speak to the teacher at the school, because head teachers do have discretion?

[Natascha Engel]

Absolutely, and the case is ongoing. I was citing it as an example of using a massive hammer to crack a nut. Everything is with good intentions. We all want the best education for our children. We all know that the less time a child spends at school, the worse its outcomes will be, and there are lots of different reasons for that. There are children from chaotic families and children who truant, but we are talking about looking at an individual child and the family’s circumstances and seeing whether it would be possible, not to have a week a year taken out of school time, but to have a week occasionally to make sure that that family can spend some quality time together. I am so glad that we are having this debate, and I am looking forward to hearing about other individual cases from constituencies, because they will highlight the fact that we do need to revisit the matter.

Obviously, we cannot force holiday companies not to raise their prices during school holiday times, but we do need to have a far more sensible and pragmatic approach. We need to give schools greater discretion to allow families to have holidays together.

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[Lorely Burt]

I should be delighted to do that. There is a large element of the Asian diaspora based in my constituency and that of my hon. Friend the Member for Birmingham, Yardley.

Maintained school and academy heads could previously authorise 10 days’ leave, but there is no jurisdiction over the private school sector. Academies normally work for 190 days a year, and private sector schools work, on average, 165 days. There is a measure of irony about that. The children with the wealthiest parents get most choice about when they can go on holiday.

[Dr Thérèse Coffey]

I hope to mention the issue of the 10 days in my speech, but the hon. Lady will recognise that the regulation makes allowance for “special” as opposed to “exceptional” circumstances, as set out in the previous regulations. What does she consider “special” circumstances?

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[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

It is a great pleasure to contribute to this debate. I had not planned to do so at 4.30 pm, but have been motivated by some of the speeches. I congratulate my hon. Friend the Member for Birmingham, Yardley (John Hemming), who was right to take up the debate, which is important, as recognised by so many parents signing the e-petition. It deserves time in Parliament.

With respect to my hon. Friend the Member for Solihull (Lorely Burt), in the closing paragraph of her speech she said that she wanted head teachers to have discretion, but she also wanted guidance from the Department on what constitutes “exceptional”. That is part of the issue, although a little bit of history might explain some of the situation.

The hon. Member for Corby (Andy Sawford) is still in his place, and he might be aware that section 23 of the Anti-social Behaviour Act 2003 introduced the power for education authorities to issue penalty charge notices in cases of unauthorised absence. To avoid confusion, I was mistaken in what I said earlier about 10 days, because the power is automatically triggered when there are 10 sessions—in effect, five days—of unauthorised absence. That is what triggers the penalty charge notice. That was the case before the more recent statutory instrument was introduced last year.

That takes us back to the idea of what is “special” and what is “exceptional”. The 2006 regulations refer to 10 days of leave—up to 10 days—to be granted by the head teachers in their consideration of what constitutes “special circumstances”. The 2013 regulations removed all the references to when people could be away, saying that the head teacher is the person who can grant leave of absence in “exceptional circumstances”. As was pointed out by my hon. Friend the Member for Solihull, the difference between “special” and “exceptional” is largely one of semantics. I am not sure that it is right for the Department for Education to define one word or the other, but as has been said consistently, it is appropriate for the head teacher to define whether people may take their child out of school.

[Andy Sawford]

The hon. Lady makes an important point. Notwithstanding the principle, part of the problem with making the change through a statutory instrument is that there was not the debate that there would have been otherwise—for example, if there was primary legislation with a proper consultation, or even informal debate in the Chamber—on the meaning of the terms. That would have been critical for head teachers and Members in understanding the statutory instrument and its effect.

[Dr Coffey]

I do not profess to be an expert on parliamentary procedure or on why certain bits of legislation are introduced under the negative or the affirmative resolution procedures. That tends to be defined in the original Act—in this case, I do not know who was responsible for the very original Act and whether it was 1944 or 2006. The original Act is when the process for the introduction of future secondary legislation is decided, but the hon. Gentleman is aware, as my hon. Friend the Member for Birmingham, Yardley pointed out, that any Member of the House or of the other place may trigger a stay on any regulation on negative resolution by signing an early-day motion. That is a mechanism available to us all. I recognise that MPs therefore have to be even more on the ball about checking what statutory instruments are up for affirmative or negative resolution. That information, however, is made available to every Member of the House in the vote bundle.

On “exceptional” or “special”, I do not have children, so I do not pretend that I have to face the issue. I have, however, had six parents contacting me, four of whom cited cost. In one of those situations, incidentally, teachers had given activities for the children to do while away from school. Another case involved getting time for the children with the other parent. The sixth person who contacted me did so about parental choice: it is for parents to decide when their children go on holidays, not schools, because teachers could make up the time, with the children given special projects. I am not sure that that is necessarily acceptable behaviour. I fully understand the issue about cost, but I have no idea why “special” versus “exceptional” makes a difference for the head teacher in assessing such a decision.

In my time, I have been involved in children’s education as a school governor in two different schools. I will not say which school, because it would be unfair on the head teacher, but in one we discussed the issue in lengthy detail. Parents had almost come to see it as a right to request the time off, and the head teacher would be given a hard time by the parents unless up to 10 days of leave were given. We felt that that was wrong, because it put pressure on the head teacher, as well as on the classroom teacher, who had to cope with the child missing 10 days of schooling.

There is no doubt of the strong link between a school’s attendance records and attainment at the school. That cannot, of course, be proved for every single child, but it is fair to say that, in the schools in my constituency where attendance rates are significantly below the average, I see a significant difference in the attainment of the children. We need to stand up for that consistently: it is not necessarily simply about the individual child—although that child’s education is important—but about all the children in the classes. We need to remember that.

I had not planned to speak and I do not wish to extend the debate unduly, but the regulations introduced last year still leave the head teacher with appropriate discretion. In cases of children with military parents, or those whose parents wish them to attend a funeral, the situation remains the same. There is no automatic right for parents to remove a child in such a case, unless they wish to go down the unauthorised absence route, but by changing the focus and putting in regulation that circumstances must be exceptional, the right expectations are set for parents. It is not therefore a right to take a child out of school for up to 10 days of holiday, as referred to in regulation. What is allowed is exactly what is said: if there is no other opportunity for a particular situation to happen, head teachers may use their discretion. Frankly, if MPs hear of cases in which that is not being applied, we should take them up on behalf of the parent.

[John Hemming]

Does my hon. Friend agree, as she probably does, that a funeral would be a valid use of exceptional circumstances? Perhaps we should be concerned about Ofsted possibly putting pressure on head teachers to reduce the numbers to such a low level that they cannot even take into account exceptional circumstances.

[Dr William McCrea in the Chair]

[Dr Coffey]

I am not aware that Ofsted is applying that particular pressure. I agree on one aspect, however. I would be surprised and disappointed were a head teacher to refuse a request in the case of a funeral. As a slight aside, however, I was disappointed when a Whip initially refused me permission to be away to attend a funeral—when I made my representation directly, he changed his mind.

We need consistently to support our teachers, who want to give children the best education possible. We should remove unnecessary pressures on head teachers. I welcome any talks there might be on seasonal pricing, but I encourage us to stand firm and ensure that we put education first.

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[Dr Thérèse Coffey]

I just want to make the Minister aware that not everyone present wants Parliament, the Education Committee or Ministers to determine schools’ term dates. We really should leave such decisions to be made locally. Schools currently manage to cope quite well. Different parts of the country already have different holiday dates for different traditions—for example, places such as Leicestershire and Wigan. We should allow local authorities to work with schools to recognise what is best for their areas.

[Jenny Willott]

I must confess that as an MP representing a Welsh constituency, I benefited significantly last week when Parliament was in recess because it was half term in England. When I went home to Cardiff, all the places I took my small children were mercifully empty because half term in Wales is this week. There is already a difference between some areas, and it is possible to enable that on a broader basis in order to extend the peak period, which would hopefully bring down prices across the sector.

To conclude, the Government are not convinced that higher prices in school holiday periods are the result of market abuse by the holiday industry. Rather, they reflect market forces in a very competitive sector, and are made worse by the fact that there is international competition as well. I recognise the fact that family holidays can be incredibly valuable, but they should not be at the expense of a child’s education. School attendance throughout the school year remains critical—we know that pupils who stay at school for longer do much better in their final exams.