Question to the Department for Education:

To ask the Secretary of State for Education, if she will make an assessment of the potential merits of introducing an appeals process for parents and carers fined for taking their child out of school during term time.

Where a child is registered at a school, regular attendance is vital for their attainment, wellbeing and long-term development. The department is clear that parents should do everything they can to ensure that their child is in school every day. The law entitles every child of compulsory school age to receive an efficient, full-time education, and it is the legal responsibility of every parent to ensure their child receives that education either by attendance at a school or otherwise than at a school.

Where parents choose to register their child at a school, the law places a duty on the parents to ensure their child of compulsory school age attends school regularly. If parents fail to do this, they may be guilty of an offence and be issued a penalty notice or prosecuted. A parent has no right of appeal against a penalty notice. The penalty notice offers the parent the opportunity to avoid any conviction for the offence if it is paid in full and on time. If the penalty is not paid in full and on time, the local authority must decide either to prosecute the parent for the original offence or withdraw the notice.

If the local authority decides to prosecute, the parent and the local authority will have the opportunity to present their case to the court. The court will then make a decision based on the representations made.