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Parent who refused to pay school attendance fine wins court battle

Magistrates have thrown out a case against a parent who was taken to court after refusing to pay a £120 fine for taking his six-year-old daughter out of school to travel to Florida.

Jon Platt, from the Isle of Wight, argued the law only requires children to attend school regularly.

Isle of Wight Council said it was following government guidance and was reviewing the outcome of the case.

Platt took his daughter out of school to go to Florida in April with 15 other family members, despite an absence request being rejected by the school.

“I cannot allow a local education authority to tell me what is right for my kids – I know what is best for my kids,” he said.

He insisted his children got “great value and great experiences” from the trip, with “no detrimental impact whatsoever” on their education.

Having refused to pay a £120 penalty, at a magistrates’ court earlier last week, he had successfully argued Section 444 of the Education Act required parents ensured their children attended school “regularly”, and did not put restrictions on taking them on holidays in term time.

His daughter had a 93.8% attendance rate the previous academic year.

Platt told the BBC: “There is no complex loophole – parents have nothing to fear from LEAs (Local Education Authorities) … if your children have attended school regularly.

“LEAs are trying to use the legislation intended to stop truancy to stop parents taking their kids on holiday.”

The council said it took legal action based on “appropriate legislation, Department for Education regulations and guidance”.

A DfE spokesperson said: “Head teachers have the discretion to grant term time holiday in exceptional circumstances, as they always have.

“But it is a myth that missing school even for a short time is harmless to a child’s education.”

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