Couple could face jail after taking their children on holiday during term time

Stewart and Natasha Sutherland’s conflicting work schedules made it impossible to take their three children Rhiannan, 15, Sian, 13 and 6-year-old Keane for a break during their school holidays.

The couple decided to book a one-week holiday to Rhodes in the last week of September 2013, and did so almost a year in advance (in October 2012).

However under laws introduced in September 2013, children can only take days off for holiday in 'execptional circumstances’, and the family now face a fine of £720.

Speaking about his decision to go ahead with the holiday despite facing an £360 fine, Mr Sutherland, 39, who works for the Ministry of Defence Guard Service, said:

‘It’s like a revolving door in our house - I come in from work and my wife goes out.

‘We haven’t been able to get leave in the school holidays at the same time for five years, and we desperately needed a family break.

‘I know how important education is - but there’s a bigger picture. Family time is important, too, and the children’s behaviour and schooling has improved massively since our holiday together.’

According to Section 444 of the Education Act, 1996, parents are legally required to send their children to school on a regular basis, and failure to do so can land them a fine or prison sentence.

Speaking about the legislation, Stewart continued:

‘I informed the school after the summer holidays that we were taking the children out for six days. At that point, I wasn’t even aware of the new legislation.

‘We had a letter back warning that as the time off was not authorised we could be fined, but the holiday was already booked and paid for - what could I do?

‘I’ve since become aware that other parents just lie and tell the school their kids are ill, but I was upfront from the outset and raise my children to be honest.

As the couple did not pay the fine, it doubled to £720, meaning that their one-week holiday will have cost them £2000.

Speaking about their decision not to pay, Mr Sutherland added:

‘This is not about the fine or the cost of the holidays outside of school term, it is about the principle. I could not have holiday any other time.

‘We are their parents; it should be up to us. I have no concerns over any of my children or their level of education. They are all in the top sets, and we believe quality family time is just as important as schooling.

A Department for Education spokesman said: 'Poor attendance at school can have a hugely damaging effect, and children who attend school regularly are nearly four times more likely to achieve five or more good GCSEs than those who are regularly absent.

'Parents should never simply discount a possible penalty notice from the cost of a cheaper holiday, because this is a criminal offence and when doing so they are always risking prosecution'.