Campaigners Push Back Against ‘Draconian’ School Holiday Fines

Prime Minister Sir Keir Starmer and Education Secretary Bridget Phillipson during a visit to Perry Hall Primary School in Orpington, southeast London, on Sept. 2, 2024. Richard Pohle/The Times/PA Wire

Stricter term-time absence fines introduced last year are “overly draconian” and create “toxicity” between schools and families, campaigners have suggested.

A petition to Parliament, started by the activist Natalie Elliott, calls for parents to be allowed to take their children out of school for up to 10 days per term without penalties.

Based in Derbyshire, the mother of two heads the group Protest to Fight School Fines, which seeks to reform the government policy on school absence fines.

“We are determined to reform this punitive policy for term-time leave that disproportionately impacts families under immense pressure,” Elliott told The Epoch Times.

The petition, which has now surpassed 68,000 signatures, follows increases in penalties for parents, introduced in August 2024. Under the new rules, term-time holiday absence fines rose from £60 to £80 if paid within 21 days, or £160 if paid within 28 days.

A second fine for the same child within three years results in an automatic £160 charge, while a third offence could lead to prosecution, a parenting order, or fines of up to £2,500.

A school day has two sessions, morning and afternoon, so 10 sessions equal five full days.

Before 2004, school attendance was enforced through court prosecutions under the Education Act 1996, where parents of persistently absent children faced fines or even imprisonment.

In September 2013, the law changed, after the Department for Education (DfE) introduced the Working Together to Improve School Attendance guidance.

It allows headteachers to grant leave only in “exceptional circumstances,” effectively banning term-time holidays. Schools have the discretion to determine what qualifies as exceptional.

“We plan to canvass as many parents across the country as possible and go back to what it was before 2013,” Elliott said.

According to the activist, the key to improving attendance is to end the “toxicity between school and home,” fuelled by the punitive measures under new laws.

“We need to work together,” she said, referencing the title of the guidance.

While the DfE promotes a collaborative approach, Elliott insisted that the current system is rigid, does not account for real-life circumstances, and prioritises punishment over family well-being.

Campaigners from the Protest to Fight School Fines group demonstrate in London in November 2024. Courtesy of Natalie Elliott

Government Response

The DfE insists that the fines are necessary to improve attendance and prevent learning loss. In response to the petition, it described absence as “one of the biggest barriers to success for children.”

Writing for The Sunday Times in September 2024, Education Secretary Bridget Phillipson said that every day of learning lost causes serious harm.

“Children who attend school regularly are twice as likely to achieve good GCSEs in English and maths compared with those who are persistently absent. The consequences last a lifetime — each missed day of school can cost children hundreds of pounds in future earnings.”

A study found that in 2019, primary school pupils who did not meet the expected standard in reading, writing, and maths had missed four more days per year than those who exceeded expectations.

Similarly, secondary students who did not achieve a grade 4 to 9 in English and maths missed an average of 10 more days per school year.

Campaigners, however, question the government’s interpretation of the data.

The petition argues that the DfE’s research establishes only a weak correlation between school attendance and academic performance while failing to consider causation.

“If every day matters like Philipson keeps saying, then why is she so keen on closing schools for polling stations. There are so many other areas where it can be done. It’s OK for the government to do it, but not for parents. It’s double standards and hypocrisy,” said Elliott.

SEND

The campaigners also suggested that the current system fails to address the needs of children with special educational needs and disabilities (SEND), who may struggle with regular attendance owing to medical or emotional challenges.

Since 2015, SEND support has risen by 14 percent, and requests for education, health, and care plans (EHCPs) have jumped 140 percent, yet families face long delays.

In January, the Public Accounts Committee called for urgent reforms to improve early support, school inclusivity, and fair funding to support affected families.

The government guidance says that where children face complex barriers to attendance, schools should have sensitive conversations with families and work with them to put support in place.

This may include reasonable adjustments for pupils with disabilities or help for pupils where mental health issues are affecting their attendance.

Pupils arrive at Chertsey High School in Chertsey, England, on March 9, 2021. Dan Kitwood/Getty Images

Elliot, whose 9-year-old daughter is autistic, is currently going through the EHCP process. The campaigner said that school fines disproportionately impact parents of children with special needs, who often gain more from family time than from specific school activities.

“My daughter struggles to go to school at the moment because her needs aren’t being met. She needs a lot more support. For her to go on a school trip would be overwhelming, but if she was on a trip with me, she would most definitely get more out of it.

“The mainstream school system doesn’t fit every child. So instead of a blanket fines policy, they need to rethink individual needs and circumstances, which is something that they’ve totally overlooked,” said Elliott.

Unauthorised Absences

According to government statistics, the number of fines issued for unauthorised school absences has surged in recent years.

In the 2023–24 academic year, 487,344 penalty notices were issued, a 22 percent increase from the previous year. This is also significantly higher than the 333,388 fines issued in 2018–19, before the COVID-19 pandemic.

The vast majority of these fines (91 percent) were issued for term-time family holidays.

Commenting on the data, Pepe Di’Iasio, general secretary of the Association of School and College Leaders, said in a statement: “The vast majority of penalty notices are issued in response to unauthorised family holidays. School leaders take no pleasure in parents being fined, but must have clear, consistent policies in place that emphasise the importance of attendance.”

According to the National Association of Head Teachers, fines fail to significantly reduce term-time holidays. Last month, the organisation’s General Secretary Paul Whiteman, said in a statement: “It is clear that for many families the threat of a fine is not acting as a significant deterrent in the way the government hoped it would.

“This is largely due to the exorbitant charges for holidays outside of term time. We have long-argued that fines are a blunt tool for tackling this issue and the data appears to bear this out once again.”

Whiteman urged the government to find a better solution and address the inconsistencies in how fines are enforced by different councils.

Local authorities and schools decide on the best course of action based on the circumstances of the individual case and what is most likely to improve attendance.

However, Elliot noted that some councils bypass fines and go straight to prosecution.

“We’re seeing people taken to court for a first offense. The DfE claims the framework was meant to end the postcode lottery, but because local authorities decide how to enforce it, many parents are going straight to court,” she said.

In November, Protest to Fight School Fines campaigned in London, but the group plans to protest again in March in Liverpool, Durham, Nottingham, Southampton, Norwich, and Leeds.