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Father's legal win boosts hopes for parents who want to take their children on holiday during term time

Jon Platt was fined £120 for taking his daughter out of school to go on a family trip to Disney World, but magistrates found he had no case to answer

Alexander Sehmer
Saturday 17 October 2015 04:26 EDT
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Many parents feel they should be able to take their children on holiday during term time as prices are often cheaper
Many parents feel they should be able to take their children on holiday during term time as prices are often cheaper (Getty)

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A father who was taken to court after he took his seven-year-old daughter on holiday has won his case, giving hope to parents who want to take their children on holiday during term time without facing sanction.

Jon Platt, 44, took his daughter Disney World in Florida in April during term time on a family holiday.

His daughter's school in the Isle of White refused permission for a leave of absence in term time and imposed a fine of £60, later doubled to £120 when it was not paid promptly.

When Mr Platt refused to pay he was summoned to appear before Isle of Wight magistrates court.

His lawyer argued that the law only requires parents to ensure their children, between the ages of five and 16, attend school "regularly".

Mr Platt's daughter had a good attendance record and missed only six days of school while on the holiday.

Shortly before his hearing, the magistrates ruled Mr Platt had no case to answer.

In 2013 the government cracked down on term-time holidays and changes to the law mean that head teachers will only grant leave to pupils during term time in exceptional circumstances.

But many parents feel they should be able to take their children on holiday during term time as prices are often cheaper and it may be easier for family members to take time off work.

Mr Platt was quoted in The Mirror as saying: "I've had lots of messages from people, asking me 'what is the loophole here?'

"But there is no loophole, the law just says your children must attend regularly. I had to prove nothing – they [the school] just had to prove my child's attendance was not regular."

Mr Platt's case may offer some hope to parents who wish to take their children on holiday during term time, but the magistrates decision does not bind other courts and experts say parents disputing fines should still seek legal advice.

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