The Supreme Court has granted permission for a council to appeal a father’s successful challenge against his conviction for taking his children out of school for a holiday.
In a landmark case, Jon Platt overturned his conviction after challenging the Department for Education’s rules barring term-time absences for state school pupils in all but extraordinary circumstances.
Isle of Wight Council had fined Mr Platt £120 after he took his daughter on a 12-day holiday to Disney World in Florida, missing seven days of school.
She had an attendance level of more than 90% which her father argued met the requirement of section 444 of the Education Act, that parents must ensure their children attend school regularly.
He also argued that the law did not place restrictions on parents taking their children on holiday in school time.
Mr Platt (pictured) convinced the magistrates’ court and a challenge from the local authority at the High Court in May was turned down, setting the precedent that families whose children regularly attend school are allowed family absences.
The high-profile case was celebrated by those campaigning against stricter rules on term-time holidays but The Department for Education said every day out of school disrupts a child’s chances of attaining good grades.
The council has now submitted papers to the Supreme Court for permission to launch a final legal challenge, arguing that the case raised important issues for schools and families up and down the country.
On Wednesday December 21, a panel of three justices who reviewed the case decided a hearing should go ahead.
It is expected to take place early next year.
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