Stewart and Natasha Sutherland, from Telford, Shropshire, their two daughters, aged 15 and 13, and six-year-old son went to the Greek island of Rhodes for a week at the end of September 2013.
Following the holiday, the couple were issued a £360 fine by Telford and Wrekin Council, which doubled after they failed to pay within 21 days. The Council said stricter laws about taking children out of school specified that leave can only be granted in term time in exceptional family circumstances.
Mr Sutherland, who represented himself in court, said he booked the holiday a year before the law changed in September 2013. He told magistrates he decided to take a family holiday because of problems with his eldest daughter, whose behaviour and school attendance had deteriorated. He also said that the family had very little time together and his work meant he could be absent at Christmas, birthdays and holidays.
Telford magistrates found the couple guilty and Mr & Mrs Sutherland were fined £630 and ordered to pay £363 in costs.
The Department for Education (DfE) has given schools more power to deal with unauthorised absence, and has also increased the amount parents can be fined.
A spokesman said, “Poor attendance at school can have a hugely damaging effect, and children who attend school regularly are nearly four times more likely to achieve five or more good GCSEs than those who are regularly absent.
“Parents should never simply discount a possible penalty notice from the cost of a cheaper holiday, because this is a criminal offence and when doing so they are always risking prosecution.”
School Attendance Rules: Parents in England and Wales have a legal responsibility to ensure their children attend school (unless they have opted to home-educate them). If they fail to do so, they are committing an offence under Section 444 of the Education Act 1996.
Parents can put in requests for term-time holidays, but these requests are granted or refused entirely at the head teacher’s discretion and are not a parental right.
Heads in England were previously able to grant up to 10 days of leave a year for family holidays in “special circumstances”. But since 1 September 2013, they have no longer been able to grant any absence in term time except under “exceptional circumstances”.
If parents in England and Wales fail to ensure their children attend school, they may be issued with penalty notices of £50 to £100. Prosecution can result in a fine of up to £2,500, a jail sentence of up to three months or a community sentence.