Sutton In Craven Community Primary School
Applications for leave of absence during term time
This page explains the law and regulations around leave of absence from school during term time.
Under current regulations, head teachers may not grant leave of absence during term-time unless there are exceptional circumstances.
Department for Education (DfE) statutory guidance, introduced in August 2024, summarises the legal powers and duties that govern school attendance, and explains how they apply to local authorities, head teachers, school staff, governing bodies, pupils and parents. It states:
Generally, the DfE does not consider a need or desire for a holiday or other absence for the purpose of leisure and recreation to be an exceptional circumstance.
The following are examples of the criteria for leave of absence, which may be considered as ‘exceptional’:
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Service personnel returning from active deployment
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Where inflexibility of the parents’ leave or working arrangement is part of the organisational or company policy. This would need to be evidenced by the production or confirmation from the organisation/company
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Where leave is recommended as part of a parents’ or child’s rehabilitation from medical or emotional problems. Evidence must be provided.
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When a family needs to spend time together to support each other during or after a crisis
This is not an exhaustive list and Headteachers must consider the individual circumstances of each case when making a decision on this matter. Leave in term time is only acceptable against these exceptional circumstances and can not be granted on the basis of attendance record, academic performance or the ‘experience’ offered by being out of school.
Where a headteacher feels that there may be exceptional circumstances which does not fit the criteria, they may refer to the local authority for advice. The decision of the Headteacher is, however, final.
Where a child is taken out of school for the purpose of leave of absence in term time without the permission of the school, the absence will be coded as unauthorised and as such may result in a Penalty Notice.
Penalties are issued and applied by the Local Authority and as such are not at the discretion of the headteacher.
If a Penalty Notice is not paid, the matter may be taken to prosecution in the Magistrates Court.
Further details of penalty fines can be viewed here.
Please complete the online form below. A paper form can be requested from the school office.
