High Court to rule on term-time holidays

The case of a father who was fined £120 for taking his daughter on holiday during term time will be heard by the High Court.

Jon Platt was cleared by Isle of Wight magistrates who ruled he had no case to answer as his child still attended school regularly.

But Isle of Wight Council, who issue the fine, have pursued the case in the High Court to seek clarification on whether taking a seven-day absence amounts to regular attendance.

The ruling could set a precedent for how cases are dealt with in the future and even bring about a change in the law.

Mr Platt told ITV News: "The Department for Education is seeking to argue in this case that it is a criminal offence to take your child out of school for one day without the permission of the headteacher.

"I find that a staggering thing for them to be arguing - that one day of missed education amounts to a criminal offence.

"And I very much hope the High Court disagrees."

State schools are open 190 days a year - less than many private schools. Credit: PA

The father-of-three won his case in the magistrates court after successfully arguing Section 444 of the Education Act required parents to ensure their children attended school "regularly" - but did not put restrictions on taking them on holidays in term time.

The fine came about after he took his daughters, now aged seven and 10, and his stepson, aged six, on an eight-day trip to Walt Disney World in Florida.

But it is only his younger daughter who is in state education - his other two children are at private schools where different rules apply.

Mr Platt said: "I have no problems with private schools but children in private school are not subject to this sort of criminal sanction - and that's not fair.

"So the politicians who are passing this legislation and criminalising parents aren't subject to the same rules as people who's kids are in state education.

"That really offends me, even though two of my three children are in private school - they should all be treated the same, but they're not."

Mr Platt, who says he has been contacted by thousands of parents since his case became public, has crowdfunded £25,000 to pay his legal costs.

But whether he wins today or not, the council could still appeal and the case could go as far as the Supreme Court.