The British father who won his court battle over an ‘unlawful’ fine from his local authority for taking his daughter out of school during term-time has offered to help families seeking similar refunds.
Jon Platt, a British father, won a landmark High Court battle last month against the Isle of Wight local authority in which it was ruled that the £120 fine he received for taking his daughter out of school during term time was ‘unlawful’ and must be refunded.
In 2013,
strict new government rules on days off school during term-time were established to crack down on persistent absence amid government claims that children’s academic performance is negatively affected by the number of days they are absent.
The Department for Education drew up guidelines in September 2013 requiring head teachers to take a firmer stance on requests from parents for taking children out of school for family holidays.
Before the new guidelines, schools were allowed to grant leave for up to ten days under “exceptional circumstances,” but now the firmer rules mean that these parameters can no longer include family holidays.
Fines were introduced at the same time, which is why Mr Platt found himself in the position of being issued a fine for £60 for taking his daughter to Florida in April 2015 without his school’s authorisation. After Mr Platt refused to pay the fine, it then doubled to £120 and still he declined to pay.
Last month (May 2016) the High Court upheld a local magistrates’ ruling that, given the daughter had demonstrated 90 per cent attendance during the rest of the school year, the child could not be deemed to be “failing to attend school regularly.”
Mr Platt now plans to help other parents in similar circumstances.
"If local authorities across the country don't do the right thing, don't go through the history of these truancy penalty notices they have been issuing over the last few years and refund the money to parents where they issued it only in respect of a short unauthorised absence, then we will start a group litigation," he told the BBC Radio 4's consumer programme, You & Yours.
"We will take tens of thousands of cases through the courts and local authorities will have to explain to a judge why they thought it was in their power to fine parents who had done nothing wrong."
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