Last updated: April 2026
by Jess Knauf, Director of Client Strategy at Mediate UK, April 2026. Based on current UK school attendance rules, the Platt Supreme Court ruling, and our day-to-day experience with separated parents in holiday disputes.
Key Takeaways
- Neither parent should take a child out of school during term time without school approval, regardless of what the other parent agrees.
- Both parents with parental responsibility must be consulted on significant decisions including holidays, though only one is needed to make the school application.
- If one parent wants to take the child on holiday and the other objects, the resident parent can apply for a Prohibited Steps Order to stop the trip.
- Since 19 August 2024, unauthorised absence fines start at £80 per child, rising to £160 for a second offence within three years.
- The Supreme Court’s ruling in Isle of Wight Council v Platt [2017] UKSC 28 confirmed that “regular attendance” means attending in line with school rules, not a high overall attendance percentage.
- Family mediation is the fastest and most affordable way to agree holiday arrangements before they become a legal dispute. £500 voucher scheme available.
Can my ex take the children out of school during term time?
Legally no, not without school approval. A parent with parental responsibility can apply to the school for an authorised absence, but the school decides whether to grant it. If the school refuses and your ex takes the child anyway, they risk a fine of £80 to £160 per parent per child, and you could even apply to the family court for a Prohibited Steps Order to stop the trip. Where both parents share decision-making, holidays during term time should be agreed between you before any school application is made.
What the Law Says About Taking Children Out of School
In England, parents have a legal duty under section 7 of the Education Act 1996 to ensure their child receives a suitable education. Once a child is enrolled at school, this duty becomes a duty to ensure the child attends that school regularly, set out in section 444 of the Education Act 1996.
School attendance is not optional. Any absence during term time, including for a family holiday, must be authorised by the school. Parents can request permission by submitting a leave of absence application, but the school is only required to grant it in “exceptional circumstances”. A cheaper holiday is not an exceptional circumstance. A once-in-a-lifetime family event, a religious observance, or a service-family deployment might be.
If the school refuses and a parent takes the child anyway, that parent, and potentially the other parent too, commits an offence under section 444. The Supreme Court confirmed this in the 2017 Platt ruling (covered in detail below).
School decisions come with deadlines, and a court application will rarely be decided before the one you are up against. Our accredited family mediators help you reach a decision in time, usually in one or two sessions.
Separated Parents: Who Has the Right to Decide?
This is where it gets complicated for separated families. Two separate rules apply at the same time:
1. The school decides whether the absence is authorised
Only one parent with parental responsibility needs to apply for the leave of absence. The school does not require both parents to sign off. If your ex submits a leave application and the school grants it, that absence is authorised even if you disagree.
2. Holiday plans are usually a “significant decision” under parental responsibility
Where both parents share parental responsibility, they are expected to consult each other on significant decisions affecting the child’s welfare. Taking a child out of school for a holiday, particularly for an overseas trip, is usually considered a significant decision. If your ex-partner is planning to take the child on holiday without consulting you, or against your objection, you may have grounds to object through the family court.
The courts recognise the practical distinction. For a short day trip or a domestic half-term break, the resident parent usually decides. For a foreign holiday during term time, both parents’ agreement is usually expected, and the non-resident parent’s objection is given serious weight.
What If You Don’t Agree With the Holiday?
If your ex is planning to take the child out of school during term time and you object, there are three routes available, in order of escalation:
- Talk to the other parent first: most of these disputes are resolved with a conversation. Raise your concerns in writing (text or email is fine) so you have a record. Often, the trip can be moved to a school holiday or agreed with conditions.
- Attend family mediation: if direct conversation is not possible or has broken down, family mediation gives you a neutral space to discuss holiday arrangements and agree a plan. Mediation is faster and much cheaper than court, and any agreement can be written into a formal parenting plan.
- Apply to the family court: if the trip is imminent and no agreement can be reached, you can apply for a Prohibited Steps Order to stop the trip, or a Specific Issue Order if you want the court to decide the holiday question one way or the other. You would need to attend a MIAM first unless an exemption applies.
Prohibited Steps Order
A Prohibited Steps Order is a family court order that prevents a parent from doing something specific in relation to the child. In this context, it can be used to stop your ex from taking the child out of school, out of the country, or on a specific trip. It is usually used where there is a genuine risk the trip will go ahead without your consent and the child’s welfare would be affected.
Specific Issue Order
A Specific Issue Order asks the court to decide a specific question in the child’s life, such as “should this holiday go ahead?“. It is used when parents genuinely disagree and need a binding answer. The court will apply the welfare checklist under section 1 of the Children Act 1989 to decide what is in the child’s best interests.
Facing a Term-Time Holiday Dispute?
Book a MIAM today and speak to one of our FMC-accredited mediators about your situation. Online and face-to-face sessions available, with urgent slots where the holiday is imminent.
The Platt Ruling: Why “Regular Attendance” Means What the School Says
The leading case on term-time holidays is Isle of Wight Council v Platt [2017] UKSC 28. It matters because it closed a loophole many parents had relied on: the argument that as long as their child’s overall attendance was above 90%, they were attending “regularly” and no offence had been committed.
Mr Platt took his daughter on a family holiday from 13 to 21 April 2015. The school had refused permission. Her overall attendance dropped from 95% to 90.3%. He argued that because her attendance was still high, she was attending “regularly” and he had not breached section 444(1) of the Education Act 1996.
The Magistrates’ Court agreed with him. The local authority appealed. The Supreme Court unanimously overturned the decision and ruled, in the lead judgment given by Lady Hale, that “regular attendance” means attending in accordance with the rules of the school. A high attendance percentage is not a defence. If the school refuses a leave of absence and the child is absent, the parent has committed an offence.
The ruling has stood since 2017 and shapes how every local authority in England approaches term-time holiday fines today.
The 2024 Fine Increase: What Parents Now Face
On 19 August 2024, the Department for Education significantly increased the fines for unauthorised school absences. The new penalty structure is:
| Offence | Fine amount | Paid within |
|---|---|---|
| First offence, paid within 21 days | £80 per parent per child | 21 days |
| First offence, paid between 22 and 28 days | £160 per parent per child | 28 days |
| Second offence within 3 years | £160 per parent per child (flat rate) | 28 days |
| Third offence within 3 years | Prosecution in Magistrates’ Court | Fine up to £2,500 and/or 3 months imprisonment |
Fines are charged per parent per child. A family of two separated parents with two children taken on an unauthorised holiday together could face four fines of £80, totalling £320 for the first offence, rising to £640 if paid late. For a third offence, both parents face criminal prosecution.
Full details of the current rules are on the Department for Education’s guidance page.
Case Study: The Half-Term That Nearly Went to Court
Case Study: Agreed at Mediation in Under 3 Hours
A separated mother came to us in February. Her ex-husband had booked a 10-day holiday to Spain over the week before half term, planning to take their 8-year-old out of school for the five extra days. He had not consulted her. The school had already refused the leave of absence application he had submitted the week before.
The mother wanted to apply for a Prohibited Steps Order to stop the trip. Her solicitor had quoted £2,500 plus court fees for an urgent application. She booked a MIAM instead. Her ex agreed to attend an online mediation session two days later.
In one 90-minute joint session, covered by the government’s £500 voucher scheme, they agreed the trip would be shortened to the official half-term week only, meaning no unauthorised absence and no fines. The father kept his holiday, the daughter kept her school record, and the parents signed a short parenting plan covering future holiday decisions.
Total cost: £115 plus VAT per parent (using the voucher). Timeline from enquiry to agreement: 5 days.
“Term-time holidays are one of the most common flashpoints we see in the spring. We can usually get two parents from opposing positions to a workable compromise in one or two sessions. The key is getting to mediation before the holiday is booked and paid for, because once a deposit has gone down, it reduces the options and flexibility.”
Jess Knauf, Director of Client Strategy, Mediate UK
How Family Mediation Helps With Holiday Disputes
Family mediation is almost always the fastest and cheapest way to resolve a holiday dispute between separated parents. An FMC-accredited mediator gives you a structured, neutral space to discuss:
- Which holidays happen during school holidays versus term time.
- Whether term-time absences are ever acceptable, and if so, in what circumstances.
- Who submits the leave of absence application to the school, and when.
- How to handle disagreements in future without returning to mediation or court each time.
- What happens if the school refuses, and which parent accepts the financial liability if a fine is issued.
Any agreement reached at mediation can be written up as a parenting plan, which is helpful for separated families managing the school year together. For more detail on how the wider child arrangements process works, see our complete guide.
Family Law Service
Need a Prohibited Steps Order Before the Holiday?
If mediation isn’t possible and you need to apply to court urgently to stop a term-time holiday, our sister company Family Law Service can complete your C100 application and prepare you for the hearing with fixed-fee legal support. No hourly billing.
Summary
Taking a child out of school during term time requires school approval, whether the parents are together or separated. Since August 2024, unauthorised absences attract fines of £80 to £160 per parent per child, rising to prosecution for repeat offences. Where one separated parent objects to the trip, the Prohibited Steps Order or Specific Issue Order routes through family court are available, but these are slow and expensive compared to mediation.
The Platt ruling of 2017 remains the definitive answer on what “regular attendance” means: you must follow the school’s rules, and a high attendance percentage is not a defence. For separated parents, the most practical answer is to agree term-time holiday expectations in advance, ideally through a parenting plan drawn up in mediation.
Frequently Asked Questions
Can my ex take the children out of school during term time?
Only with school approval. Your ex can submit a leave of absence application as a parent with parental responsibility, but the school decides whether to authorise it. If the school refuses and your ex takes the child anyway, they risk fines of £80 to £160 per parent per child, and you can apply for a Prohibited Steps Order to stop the trip if you object.
Can one parent take a child out of school without the other’s permission?
For a short domestic absence, the resident parent usually decides. For a longer trip or an overseas holiday, both parents with parental responsibility are expected to agree. If one parent objects and the other goes ahead anyway, the objecting parent can apply for a Prohibited Steps Order to prevent the trip.
How much is the fine for taking a child out of school in 2026?
Since 19 August 2024, the fine is £80 per parent per child if paid within 21 days, or £160 if paid between 22 and 28 days. A second offence within three years is £160 per parent per child at the flat rate. A third offence in three years results in prosecution in the Magistrates’ Court, with fines up to £2,500 and potential imprisonment.
What is a Prohibited Steps Order for a school holiday?
A Prohibited Steps Order is a family court order that prevents a parent from doing something specific in relation to the child. In holiday disputes, it can be used to stop an ex from taking a child out of school, out of the country, or on a particular trip without the other parent’s agreement or the school’s permission.
Can I stop my ex taking my child abroad during term time?
Yes, in most cases. Taking a child abroad without the other parent’s consent can amount to child abduction under the Child Abduction Act 1984 unless there is a Child Arrangements Order in place that specifically permits it. Your options are to raise your concerns in writing, attend mediation, or apply urgently for a Prohibited Steps Order to prevent the trip.
What if the school has approved the absence but I have not?
An authorised absence from the school does not override your rights as a parent with parental responsibility. If the trip is a significant decision (for example, a foreign holiday) and you have not been consulted or you object, you can still raise this through mediation or through the family court. The school’s approval only removes the risk of attendance fines, not the parental dispute itself.
Does the Platt ruling still apply in 2026?
Yes. The Supreme Court’s 2017 decision in Isle of Wight Council v Platt remains the leading authority on section 444 of the Education Act 1996. Its conclusion, that “regular attendance” means attending in accordance with school rules rather than a high attendance percentage, continues to shape how every local authority in England applies attendance rules today.
How much does mediation cost compared to going to court?
A typical holiday dispute resolves in one or two Mediate UK sessions at £120 plus VAT per person per hour online. The £500 voucher scheme can be used for such sessions. See our mediation cost estimate tool for further details. Applying for a Prohibited Steps Order through the family court usually starts at around £2,000 to £5,000 per person, plus the £270 court fee, and can take weeks to be heard. Mediation is almost always faster, cheaper, and less adversarial.
Can my ex get fined without my knowledge?
Yes. If your ex takes the child out of school without permission, the local authority can issue fines to either or both parents with parental responsibility. The local authority does not have to notify you of fines issued to your ex, and fines are charged per parent per child. If you were not involved in the trip, you can dispute a fine issued to you by writing to the local authority to explain.
You Might Also Find Helpful
Ultimate Guide to Child Arrangements Read the guide |
Creating a Parenting Plan View the guide |
Can My Ex Move My Child Out of the Area? Find out more |
Complete Guide to the MIAM Read the guide |
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