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School holiday fines: Call for Government to refund High Court costs

At next week’s full council meeting, Cllr Conrad Gauntlett (Conservative), will be putting forward a motion requesting the Executive ask the Department for Education (DfE) cover the costs of the recent school holiday fines case that the Isle of Wight council (IWC) took to the High Court.

The council’s costs for taking the case against Jon Platt to the High Court came in at just under £25,000.

Cllr Gauntlett’s motion also calls for school term dates to be reviewed with all Island School Governors and Head Teachers and for the DfE to clarify what is meant by ‘regular’ attendance.

The motion
His motion reads,

Following the outcome of the High Court hearing on 13th May 2016 concerning the enforcement of school attendance, it was made clear in the statement issued on behalf of the council’s administration on 13th May 2016 that the administration would be pressing the Department for Education to urgently consider creating clear legislation on this matter for the benefit of parents, schools and local authorities alike.

The decision to challenge the magistrates’ ruling in the Platt case by taking proceedings in the High Court has only resulted in greater uncertainty and has brought into question the policies of schools and local authorities across the country.

In view of the outcome of the high court hearing council recommends that the Executive take the following action:

1. Request the DfE to refund the Council’s legal expenses and awarded costs in the Platt case as the appeal was made in an effort to clarify the legal position for the benefit of schools and local authorities throughout England.

2. Request the DfE to urgently introduce new legislation which defines ‘regular’ attendance whist allowing head teachers greater flexibility in respect of approving term time absence where attendance has been ‘regular’ and attainment is good, recognising the link between attendance and educational attainment, but also the importance of family holidays and acknowledging that experiences outside school can also have an educational benefit and can be made more inclusive for the financially disadvantaged.

3. Arrange with all Island School Governors and Head Teachers to review the current school terms on the Island and explore whether these could be changed to provide opportunity for all parents to take holidays outside the current national timeframe which would be less expensive and could be beneficial for Island parents, teachers and most importantly children.

Jon Platt’s costs still unpaid
Jon Platt told OnTheWight,

“I very much hope the DfE pays this bill.

“My solicitor was forced to write to council yesterday as we’ve still not had their cheque!

“The DfE / Michael Gove caused this problem by amending the 2006 statutory instrument in 2013 without parliamentary oversight or an impact assessment.

“They should pay all the associated costs of this.”

Image: PT Money under CC BY 2.0