Taking Children Out Of School Term Time.

[Mad74]

Hiya

My friend has two kids and she's going to take them on holiday in term time.

So the school is going to fine her £50 per child per parent ....which is ok.

My question is the man who she is married to is only step father (4 years married) with no P.R children's biological father has nothing to do with the kids.

Could the school in the eyes of the law make the stepparent pay?

[mrs_overall]

No

[DangerUXD]

They cannot legally make anyone pay. What is termed a "fine" is in effect a fee.

[New Judge]

Yes, dangerUXD is quite correct. Only courts can impose fines. Any other organisation rendering what are termed “fines” can charge fees, penalty charges or any number of other terms, but not fines. If your friend fails to pay the £50 within 28 days it will double to £100 and if it remains unpaid after 42 days (I think) she will be summonsed to court.

The education authority will take action against the person whom they believe has responsibility for ensuring the children attend school. However each case is examined on its merit and it is up to the education authority to decide who they will direct their action towards. Of course your friend could argue that she does not have responsibility for getting the children to school. If she wants to do that she will have to refuse the penalty notice, opt for a court appearance, plead not guilty and face a trial.

[New Judge]

Actually I've just re-read your question. You said the intention was to impose a fine of £50 per parent. This is unusual as penalty charges are usually imposed on a single individual. However, as I pointed out in my earlier answer, the education authority will examine the circumstances of your friend's case and they may have decided that both the parents have reponsibilty. The total you mention is, however, correct. Whoever is deemed responsible for the charge the initial cost (before it doubles) is £50 per child.

[ABerrant]

1st September 2012 saw the Penalty Charge increase to £60 (£120 after 28 days).

Failure to pay within 42 days can result in a fine of up to £2,500 (plus costs and surcharge), a community order or a jail sentence of up to 3 months. As a bonus the court also issues a Parenting Order.

[New Judge]

Thanks for the info re the fixed penalty, AB. I must try to keep up. However I must point out that it is most unusual for custody to be an option.

There are two sections to the legislation (Education Act 1996) under which prosecutions are brought. Section 444(1) covers where a parent “fails to secure regular attendance at school of registered Pupil“. Custody is not an option under this section and the maximum penalty is a fine of £1,000. The more serious Section 444(1A) is used to deal with the situation where a parent “knowingly fails to secure regular attendance at school of registered pupil“. The maximum penalty under this section is, as you point out, up to three month’s custody and/or a fine of up to £2,500.

Why I suggest that custody is unlikely to be an option is that if the offence is serious enough to support a S444(1A) charge the education authority is unlikely to offer a fixed penalty. Furthermore they most certainly do not consider a S444(1A) prosecution in the circumstances described by Mad74. I always find this strange because when examining the sentencing guidelines, among the features necessary when considering the more serious charge is “Colluding in and condoning non-attendance or deliberately instigating non-attendance”. Any parent taking their child out of school for a holiday is certainly displaying both those features, but the choice of charge is the Education Authority's and no doubt they have their guidelines. Finally, again looking at the sentencing guidelines, although the maximum penalty is three months imprisonment the “range” which Magistrates are advised to keep within is between a Low Level and a High Level Community order. There would have to be very exceptional circumstances present to persuade them to go outside this range.