From 1st September 2013, amendments to the 2006 Pupil Registration Regulations gives no entitlement to parents to take their child on holiday during term time.
The amendments make clear that Head Teachers may not grant any leave of absence during term time unless there are exceptional circumstances and that the Head Teacher must be satisfied that the circumstances warrant the granting of leave. The reason in law why an application will usually be denied is stated as:
New legislation does not give any entitlement to parents to take their child on holiday during term time. Any application for leave must be in exceptional circumstances and the Head Teacher must be satisfied that the circumstances warrant the granting of leave.
Although schools across the country are still awaiting a High Court ruling following the recent high profile Isle of Wight case, the law has not changed so taking your child out of school when a holiday is not authorised, may result in both parents facing legal action under Section 444 (1) or (1A) of the Education Act 1996 or both parents being issued with a Penalty Notice under Section 23 of the Anti-Social Behaviour Act 2003.
Penalty Notices are issued per parent per child at £60 each if paid within 21 days rising to £120 each if paid within 28 days. Failure to pay a Penalty Notice will result in the Local Authority taking legal action against you under Section 444 (1) of the Education Act 1996. The maximum penalty for this offence is a fine of up to £1000 per parent per child.