Statutory Declaration
Legal responsibility
As a parent/guardian I understand all children aged between 5 and 16 are required by law to receive an education, and under the provisions of the Education Act 1996, it is my responsibility as a parent to ensure the regular school attendance of my children and that failure to do so could result in legal proceedings being taken by the Local Education Authority.
I understand that requests for leave can only be granted by schools if there are exceptional circumstances, and holidays are not considered exceptional. They must also be made to the school in advance, as the Department for Education has told schools that they cannot authorise any absences after they have been taken.
Fines
I understand if my request is unauthorised, I am most likely to be fined £160 per parent, per child (For example, if there are three children in a family, each parent may receive 3 separate penalty notices.)
The first penalty notice will be issued at £160 per parent if paid within 28 days ( this will be reduced to £80 if paid with 21 days).
If this is the second offence within a three-year period, the second penalty notice will be issued at £160 per parent if paid within 28 days ( this will not be reduced.)
If I fail to make payment after 28 days on either the first or second penalty notice, then the local authority has the power to prosecute me in the magistrate’s court for the offence of failing to ensure my child attends school regularly. A guilty verdict at court can lead to a fine of up to £1000, and a criminal record which can affect employment opportunities.
If this is the third offence (or any further offences within 3 years) a penalty notice will NOT be issued, and the case will be considered for potential legal action. This can result in a criminal record and fines up to £1,000 plus costs.
School places
I am aware that a referral will made to the Local Authority Children Missing from Education Team (CME) if my request is unauthorised and my child hasn’t returned to school on the agreed date. This can result in my child losing their school place.
I am also aware that there is a shortage of places in the area, so if my child loses their school place it could result in having to travel to a school out of area or my child without a school, being a detriment to their education and causing implications to my own employment.
