Asked by: Lord Temple-Morris (Labour - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government how many parents have been imprisoned for non-payment of fines in respect of taking their school-age children on holiday during term time.
Answered by Lord Nash
Parents who have been issued a penalty notice (fine) for failing to secure their child's regular attendance at school cannot be imprisoned for not paying the fine. However, if a parent knowingly and deliberately takes their child on holiday during term time (without a leave of absence granted by the school) they could face a term of imprisonment for doing so if they are prosecuted under the substantive offence set out in section 444(1A) of the Education Act 1996 (the Act). It will be a matter for the prosecuting authority (the Local Authority) to decide on the particular facts and circumstances of the case whether to bring formal proceedings and under what offence.