A council has been told it can apply to challenge a High Court decision which ruled in favour of a father who took his daughter on holiday in term time.
The High Court ruled in May that Jon Platt did not have to pay a £120 fine to the council after he took his daughter to on holiday to Florida.
The court ruled that Platt had no case to answer because, overall, his daughter had attended school regularly.
The council can now apply to the Supreme Court for permission to appeal, the BBC reported.
Senior judge Lord Justice Lloyd Jones said the case “raised a point of law of general public importance”.
He said the High Court had refused permission to appeal, but the council could make its own application to the Supreme Court.
The formal refusal by the High Court is a procedural device to allow the Supreme Court to select which cases it wishes to hear.
After Platt refused to pay the £120 fine, magistrates ruled he had no case to answer.
The local authority took the case to the High Court for clarification and Platt won the backing of senior judges.
The government said it would consider changing the law over unauthorised absences following the ruling.
Minister of state for schools, Nick Gibb, asked the council to appeal against the decision with the guarantee the Department for Education would fund the bid if it went to the Supreme Court.