Taking Your Child Out of School for a Holiday: Fines and the Law

Every parent faces this dilemma at some point. The family holiday you want to book is half the price in term time, or perhaps it's the only time everyone can get away together. But schools can fine you for unauthorised absence.

The rules about term-time holidays are straightforward in theory but can feel harsh in practice. Schools must record any absence not authorised by the head teacher as unauthorised. This includes holidays.

What the law says

Your child must attend school regularly if they're of compulsory school age (5 to 16). The Education Act 1996 makes this clear, and local authorities can enforce it through penalty notices and sometimes prosecution.

Head teachers can only authorise absence in exceptional circumstances. A family holiday doesn't usually count. The Department for Education removed the discretion head teachers once had to authorise up to 10 days' holiday in special circumstances back in 2013.

Even if you've booked a once-in-a-lifetime trip to see elderly relatives abroad, or your employer won't let you take leave during school holidays, the head teacher will probably say no. Government guidance tells them holidays shouldn't be authorised.

Penalty notices and fines

If you take your child out of school without permission, the local authority can issue a penalty notice. The fine is £60 if paid within 21 days, rising to £120 if paid within 28 days.

Each parent gets a separate fine for each child. Two parents taking two children on holiday could face £240 in fines if they pay promptly.

Some local authorities are stricter than others about issuing fines, though national guidelines have made the approach more consistent. You can only get two penalty notices in a three-year rolling period. After that, the local authority will consider other enforcement action.

What happens if you don't pay

If you don't pay within 28 days, the local authority might prosecute you for your child's non-attendance at school. Not all cases lead to prosecution, as authorities have discretion and may consider alternative resolutions.

Prosecution means a magistrates' court appearance. If found guilty, you could get a fine of up to £2,500, a community order, or a jail sentence of up to three months. You'll also get a criminal record. Most cases result in a fine rather than imprisonment, but the court fine will be much higher than the original penalty notice. You'll probably have to pay court costs too.

Some parents have challenged fines in court. The most famous case went to the Supreme Court in 2017, when a father argued his daughter's attendance was still good despite a holiday. He lost. The court ruled that unauthorised holidays disrupt regular attendance, regardless of overall attendance figures.

When absence might be authorised

Exceptional circumstances vary by school and local authority. Examples that schools sometimes consider include:

• A parent in the armed forces who can only take leave at certain times
• A family crisis or bereavement abroad
• Medical treatment that can only happen during term time
• Religious observance

Authorisation isn't guaranteed. Each head teacher decides based on their school's policy and the specific situation. They'll consider factors like your child's attendance record, their academic progress, and whether they have exams coming up.

The cheaper holiday argument won't work. Neither will missing the last few days of term. Schools are required to teach right up to the end of term.

Before you book

Think about the real cost. Add potential fines to the holiday price. Consider whether your child will miss important lessons. Primary school children might cope better with catching up, but secondary school students could miss coursework or exam preparation. Some schools won't help children catch up after unauthorised absence.

Talk to the head teacher before booking anything. Put your request in writing, explaining your circumstances. Include any supporting documents that might help your case. Keep copies of everything. Even if they say no, at least you'll know where you stand.

If you do take unauthorised absence, don't claim your child is ill when they're not. Schools sometimes check social media, and lying about absence could lead to more serious consequences.

If you get a penalty notice, pay it quickly to avoid the higher charge. If you can't afford to pay, contact the local authority immediately to discuss your options.

Different rules across the UK

These rules apply mainly to England. Wales has similar regulations, though enforcement can vary. Scotland has different laws around school attendance that can be more flexible in some circumstances. Northern Ireland also has its own system.

Check your local council website or the relevant government website for your area. School policies on exceptional circumstances can vary significantly, so it's worth checking directly with your child's school about their specific criteria.

Regular attendance helps children do better at school. Missing a week can disrupt learning and make it harder for children to maintain friendships and routines. Many parents feel the system is too rigid, especially when not everyone can afford or manage holidays in peak times. The debate continues, but the current law is clear. Take your child out of school without permission and you risk a fine. Whether that risk is worth taking is a decision only you can make.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Parental Rights Checker lets you check your legal rights as a parent on education, health and welfare decisions. Try it now →