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• 11 Feb 2026

No

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Complex

Summary

Generally, schools are not allowed to authorise term time holidays unless there are exceptional circumstances. Whilst we empathise with your concerns, a family holiday because it will be less crowded outside school holidays will not normally be considered exceptional. 

However, if a child has special educational needs or disabilities and there is clear evidence that crowded situations cause serious distress, anxiety, or risk, the school may have discretion to authorise absence.

If the school does not authorise the absence, the local authority can issue a penalty notice. Having Special Educational Needs does not automatically prevent a fine.

To reduce the risk of a fine, you would need to:

• Apply formally in advance
• Provide medical or professional evidence
• Explain clearly why this timing is necessary for your child’s needs
• Ask the headteacher to consider this as an exceptional circumstance
• Even then, the decision is at the headteacher’s discretion

1. The legal framework

Under section 444 of the Education Act 1996, a parent commits an offence if their child of compulsory school age fails to attend school regularly.

The power to grant leave of absence is governed by regulation 11 of the Education (Pupil Registration) (England) Regulations 2006 (as amended in 2013). Since the 2013 amendments, headteachers may only grant leave of absence during term time if:

• An application is made in advance; and
• The headteacher considers that exceptional circumstances apply.
• There is no statutory definition of exceptional circumstances. This is deliberately left to the headteacher’s discretion.

The leading authority on “regular attendance” is Isle of Wight Council v Platt [2017] UKSC 28, in which the Supreme Court confirmed that “regularly” means “in accordance with the rules prescribed by the school”. This confirmed that unauthorised holiday absence can amount to an offence even if overall attendance is high.

2. Special Educational Needs and Disability considerations

The fact that two children have Attention Deficit Hyperactivity Disorder, one diagnosed and one awaiting assessment, does not automatically exempt you from attendance duties.

However, there are relevant disability law considerations.

Under section 6 of the Equality Act 2010, Attention Deficit Hyperactivity Disorder and autism spectrum conditions are capable of amounting to disabilities if they have a substantial and long term adverse effect on normal day to day activities.

Schools have duties under section 85 of the Equality Act 2010 not to discriminate and to make reasonable adjustments.

If:

• One child has social anxiety linked to disability
• One child is at risk of absconding in crowded environments
• There is professional evidence that overcrowding causes significant distress or risk

then you could argue that:

• Refusal to authorise absence without proper consideration of those factors may amount to a failure to have due regard to disability
• The school should consider whether reasonable adjustments are required

However, it is important to note:

• The Equality Act does not create an automatic right to term time holiday
• A headteacher can lawfully conclude that this does not meet the threshold of exceptional circumstances
• Local authorities routinely issue penalty notices even where a child has Special Educational Needs
• There is currently no binding authority establishing that avoiding crowded holiday periods due to neurodevelopmental conditions automatically constitutes exceptional circumstances.

3. Risk of penalty notice 

If the school refuses to authorise the absence:

• The absence will be recorded as unauthorised
• The local authority may issue a penalty notice
• If unpaid, prosecution under section 444 may follow
• Having Special Educational Needs does not prevent a penalty notice.

The only reliable way to avoid a fine is:

• To secure authorisation in advance; or
• To accept the risk and later challenge any penalty through representations or defence

A defence to prosecution under section 444(1) would be difficult unless you could show either:

• Leave was granted; or
• There was reasonable justification within the meaning of section 444(3)
• Family holiday timing has rarely succeeded as a “reasonable justification”.

4. What you can do practically

You may wish to:

• Apply in writing well in advance
• Provide medical letters confirming:
• Diagnosed Attention Deficit Hyperactivity Disorder
• Social anxiety
• Risk of absconding in crowded environments
• Why off peak travel is materially safer
• Explain why alternative adjustments are not workable
• Refer to the school’s Equality Act duties
• Ask the headteacher to provide written reasons if refused

You should avoid:

• Taking the children without applying
• Assuming diagnosis automatically protects you
• Relying solely on cost arguments

5. Strategic consideration

If your children’s needs are such that:

• They cannot safely access crowded public environments; and
• This significantly impacts family functioning;

this may suggest a need to review:

• Whether their current school placement is meeting needs
• Whether further Special Educational Needs assessment is required
• Whether support plans adequately address anxiety and safety
• However, this is separate from attendance enforcement.

AA

Amy Amy

11 Feb 2026

This is helpful

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Comment

Post
• 04 Feb 2026

No

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Simple

Not a lawyer, but I’ve seen this come up a lot. The best thing you can do is be upfront with the school ASAP and put everything in writing. Explain the additional needs, why term-time is safer/less overwhelming, and ask if the headteacher can authorize it as “exceptional circumstances.” If you’ve got any supporting letters , include them. Some councils still fine even if you’ve got a good reason, so there’s no guarantee. But clear documentation + early communication gives you the best chance and shows you’re acting in your kids’ best interests.

AJ

Alias Jones

04 Feb 2026

This is helpful

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Comment

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• 16 Sep 2023

Yes

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Simple

You probably already know this, but you can avoid a fine by seeking permission from the headteacher to allow your children to be absent from school and your request being granted.

If your children are disabled and are disadvantaged by the current school holiday schedule because of their disability (ies), you possibly could  add that your request is a reasonable adjustment because it would avoid the disadvantage they face as a result of the existing school holiday arrangements. For more details, refer to the Disability No-nonsense guide here:

 01.01 Can you explain where to find the legal definition of disability in Britain in relation to education and how it works?

01.02 Is there a “test” to prove that my child has a disability?

01.03 Does a child need a “medical” diagnosis of a condition or disorder to satisfy the definition of disability in the Equality Act 2010?

02.01 Does the Equality Act 2010 afford a disabled child or young person any protection in education?

 04.02 Does making “reasonable adjustments” under the Equality Act 2010 extend to modifying internal school policies that place a disabled child at

However, be prepared for potential opposition from the Head. Having said that, I have occasionally seen this approach being successful. It is important that you clearly and comprehensively articulate the disadvantage your children would be subject to by taking a holiday during the school break and then link this back to their impairments. You may also need demonstrate that you have considered a range of possible adjustments and be able to articulate why the one you have put forward is preferred given all the alternatives. Further, you may also wish to consider putting forward suggestions as to how you children can make up for any lost learning do demonstrate that, on balance, the detrimental effect on their education has been minimised. 

Finally—and I believe this could be significant—when presenting your case, you may wish to emphasise the educational advantages the trip will provide. It would also be helpful to consider how these benefits might be evidenced upon the child’s (or children’s) return to school.

I eagerly await others' contributions on this matter but I hope this is helpful.



Sean Kennedy

16 Sep 2023

This is helpful

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