A couple who took an unauthorised term time holiday with their daughter and severely autistic son are refusing to pay the hefty school fine they received on their return, claiming they have been ‘unfairly penalised’ for their situation.
Paul Phipps and his wife Tara, from Teynham, Kent, flew off to Turkey with Jack, 14 and Poppy, nine, for 11 days at the end of September.
They believed the off-peak holiday, with fewer crowded places, would better suit the needs of their son who can experience sensory overload if an environment becomes too noisy.
According to Mr Phipps, Jack can even become a danger to himself.
‘He then starts stimming and will jump up and down or hit himself in the head,’ he explained to KentOnline.
Paul Phipps, pictured with son Jack, is refusing to pay the hefty fine he received from his daughter’s school after the family went on holiday to Turkey during term time
Paul Phipps, pictured with his wife Tara, daughter Poppy and son Jack, believes the family have been ‘unfairly penalised’ for their situation
Having informed their children’s schools last December of their intentions, Jack received permission from Meadowfield School to go on holiday – but Poppy, who attends Lynsted and Norton Primary did not.
Despite asking the school three times to review their situation, Poppy was still refused permission.
Mr Phipps explained: ‘We’re not going to take one child away and leave the other.’
The family decided to go ahead with the trip, and two days after they returned they received an £80 fine.
According to a notice on Lynsted and Norton Primary School’s website, the couple will have 21 days to pay the fine, otherwise it will rise to £160, payable within 28 days.
Failure to pay the fine at the end of the 28-day period ‘may result in prosecution by the Kent PRU (Pupil Referral Unit) and Attendance Service.’
Mr Phipps said he feels frustrated by the situation and believes they have been ‘unfairly penalised’.
He added: ‘You have parents that don’t even bother asking – they just say their child is ill. We wanted to do everything by the book.’
The family has now launched a petition asking for special needs families to be given more flexibility and ‘understanding’ when it comes to taking holidays during term time.
It states: ‘As the parent of a severely autistic child, I understand first-hand the difficulty my son experiences in crowded places.
‘He prefers a quieter, more controlled environment for his respite, a break from his daily routine.
‘Unfortunately, due to scheduling constraints, we are normally placed in a position of having to take this restful holiday during school term.
The family believed the off-peak holiday, with fewer crowded places, would better suit the needs of Jack who has autism and can experience sensory overload
The couple say they are facing fines because of ‘a lack of understanding and awareness’
‘As a result, my daughter, who goes to a different school, is unfairly penalised.
‘We face fines due to lack of understanding and awareness that our situation affects not just one child, but the entire family.’
It adds: ‘We are appealing to the school authorities to understand that caring for a child with special needs is a 24/7 commitment, and occasional respite is crucial for the well-being of everyone in the family.’
Lynsted and Norton Primary School in Kent refused to give Poppy, nine, permission to go on the term time holiday
A Kent County Council (KCC) spokesperson said: ‘Headteachers must decide whether to authorise a parent’s request for term time leave of absence for their child based on the circumstances at the time.
‘The DfE is clear that term time leave for leisure and recreational purposes would not generally be deemed as exceptional circumstances; a view endorsed by KCC.
‘While KCC recognises that any form of legal intervention in any circumstances should always be a last resort when all supportive options and alternatives have been fully considered, we will support school leaders who take a robust line on the risk to children’s education arising from missing regular school attendance.
‘We will therefore issue Penalty Notices in line with our Code of Conduct when justifiable requests are made to do so by school leaders.’
MailOnline has contacted Lynsted and Norton Primary for comment.
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