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St Hilary School

Attendance

Absence including holidays during term-time
 

The law allows the school to consider individual requests to authorise a future absence. Headteachers are only permitted to grant leave of absence for any reason if they are satisfied that exceptional circumstances exist. Any request for leave must be made in writing to the Headteacher using the Absence Request Form.

To request leave of absence you must have parental responsibility and be the parent with whom the child normally lives. If you do not have parental responsibility and/or normally live with the child, you must seek the consent of the parent who does, and that person should complete the request form.

When deciding whether to allow term time leave, for any reason, the school will only consider:

  •        The reason for the leave (i.e. whether there are exceptional circumstances)
  •        The time and duration of the leave
  •        Whether or not the leave could have been taken during the statutory school holiday periods
  •        Learning that will be missed 

Parents are asked not to book family holidays during term time. The Headteacher and Admissions and attendance committee, has the discretion to grant leave, but will only do so in exceptional circumstances. Any pupil who goes on holiday during term time, without the schools permission will have the absence recorded as unauthorised. Parents can be fined for taking their child on holiday during term time, without consent from the school, in accordance with the Education (Pupil Registration) (England) (Amendment) Regulations 2013 and Cornwall Councils Code of Conduct regarding Penalty Notices. If a parent takes a child on holiday after a request has been refused and the parent warned in writing, the local authority will consider prosecuting.

  • All absence requests should completed on the school absence request form before any bookings are made.
  • Any absence that has not been agreed by the Headteacher or attendance committee will be recorded as unauthorised and the local authority may consider prosecuting.
  • Authorisation will not be granted retrospectively.
  • Absence requests will not be granted if the absence will push the child’s attendance below
         95% for the academic year
    .

To take holiday in school time, because the cost is cheaper during term time, does not constitute an exceptional circumstance and will not be authorised.

If your child is absent from school without authorisation, you will be committing an offence under the Education Act 1996. We may submit a request to Cornwall Council for a Penalty Notice to be issued, in accordance with Sections 444A and 444B of the said Act. Penalty Notices are issued per liable parent, per child and each carry a fine of £80 if paid within 21 days or £160 if paid after this but within 28 days.

If your child is further absent from school without authorisation for a seond time, within a 3-year period you will be committing a further offence under the Education Act 1996. We may submit a request to Cornwall Council for a Penalty Notice to be issued, in accordance with Sections 444A and 444B of the said Act. Penalty Notices for a second offence are issued per liable parent, per child and each carry a fine of £160 payable within 28 days.

In each case failure to pay the Penalty Notice may result in legal action. Absence not authorised by the school may result in a prosecution in the Magistrates’ Court under Section 444(1) or Section 444(1A) of the Education Act 1996, leading to a fine of up to £2,500 and/or a custodial sentence. Cornwall Council may also apply for the costs incurred in taking the matter to Court.

If your child is further absent from school in a 3-year period this may result in a prosecution in the Magistrates’ Court under Section 444(1) or Section 444(1A) of the Education Act 1996, leading to a fine of up to £2,500 and/or a custodial sentence. Cornwall Council may also apply for the costs incurred in taking the matter to Court.

‘Parent’ as set out in Section 576 of the Education Act 1996, defines parent to include: natural parents, whether they are married or not; any person or body who has parental responsibility for a child (as defined by the Children Act 1989) and; any person who, although not a natural parent, has care of a child. Having care of a child means a person with whom a child lives and who looks after a child, irrespective of what their relationship is with said child.