A Brighton father is launching a legal battle after he and his wife were fined by the city council for taking their two boys out of school to see their cousin compete in a weightlifting competition.
Noah Myers told the Sunday Times that his civil liberties and right under the Human Rights Act to decide what is in the best interests of his family are being infringed.
American-born Mr Myers and his solicitor wife were fined £120 for taking the two boys, aged six and ten, out of school for three days earlier this year for the trip to Poland after the older boys’ school informed Brighton and Hove City Council.
New guidelines brought in two years ago mean that headteachers can only now approve child’s absences during term-time in “exceptional circumstances”.
Mr Myers has written to the school giving notice of a judicial review. If he pursues it to the High Court and succeeds in getting the fines overturned, it will be the first successful challenge to the new rules.
He told the Sunday Times that he wanted to take the boys to Poland as their cousin Maddy’s parents were not able to go themselves, and it was important that the family pulled together.
He said: “My kids are British but we are an expat family with extended families living on three continents. This contributed to my conclusion that these moments should not be missed.”
Brighton and Hove City Council’s director of children’s services, Pinaki Ghoshal, said: “The government introduced stricter guidelines recently regarding authorisation of pupil absence, making it clear that it should only be granted in exceptional circumstances.
“Schools make decisions about absence based on these guidelines. The council administers fixed penalty fines based on the school’s classification of the absence.”
Meanwhile, a petition calling on Brighton and Hove schools to combine all their inset days in one week to allow parents to take advantage of cheaper holiday prices has been signed by almost 100 people, and is due to be presented to the children, young people and skills committee on October 12.
What on earth has this got to do with his ‘civil liberties’ being infringed?
Didn’t he realise he would be fined before taking his children out of school for a holiday, and then he gets upset when they do!
Next he’ll claim thatr getting a speeding fine infringes his civil liberties as well.
Gerald
Thank you for your comment. Fair question. Article 8 of the European Convention of Human Rights ptotects the experience of family and private life that we are lucky enough to have but take for granted such as being able to spend time with one another. The term time absence rules give schools the power to choose which relationships and family events our children participate in, such as weddings and funerals and other important occasions that define life as a family. Under the ECHR schools are only allowed to interfere in family life if it is necessary to achieve their aim and then only under certain constraints. Our claim is that there were no educational impacts and no reason to block leave. Our child had good attendance etc. Like all responsible parents we believe that attendance is important and leave must be limited to a reasonable amount, but we think that schools should consider the wellbeing and educational impacts on the child (positive or negative) in making leave decisions instead of enforcing arbitrary value judgements on which relationships and family occasions children should participate in. This case is not about a 60 pound fine. The attendance regime has the potential to be very cruel to children and unjust to parents. For example one parent was fined when she took her daughter on her last walking holiday before a necessary surgery that would have severed her spine. The article was not quite accurate. A judicial review will not give us our money back but more importantly it has the potential to overturn the law so that it can be rewritten with respect for family life and childrens right to make meaningful decisions in mind.
Years ago I was taken out of Junior school during term time to visit my family in Canada. My teacher was asked if there was any work I could do while away. I was given the task of a diary about my trip. I was also given a maths book and spellings to learn. I had a wonderful time and returned with a fantastic project to show my class and teachers. I didn’t fail school, I didn’t need catch up sessions. My children have had in term breaks to Glastonbury with their dad and out of school competitions in various all unavoidable due to no chance of rescheduling. Each time I have asked for work to take and never have they missed out or slipped behind. I work in a school and see many children taken out of school for holidays, weddings and funerals that are in different countries. Its not always detrimental…its only when they are taken for weeks or months at a time…with no warning. I don’t believe in the fines…unless its for no notice or it would cost the school more teacher time to bring those children back into line with their classmates. There’s several stories around at the moment of children losing a parent and the family being fined for them taking time off to grieve….that’s wrong…the child and family need support NOT punishment…offer to send them catch up work to do at home, most families would be more than happy for this…not a bill 🙁