Fines could be imposed for term-time holidays

Currently failing to attend school regularly can see parents face criminal prosecutions, fines or imprisonment, and there can be referrals to the Children’s Convenor.

‘The introduction of the new law presents the opportunity for an additional approach to increasing school attendance, particularly when children and young people are absent due to persistent term-time holidays,’ the policy letter states.

Current law does not specifically preclude term-time holidays but ESC said they were not a right.

‘While it is recognised that fines might not have a long-term impact on persistent non-attendance, they have been seen to have a positive effect on short-term non-attendance and to be a deterrent for parents considering taking their children out of school for a term-time holiday,’ the committee said.

It added that it would seek to take action where absences were deemed to be ‘detrimental to the learner’, and would seek to take ‘appropriate intervention’.

‘There are some cases of non-attendance where all other strategies have been exhausted and, in those instances, it is considered appropriate that there should be a more punitive measure to act as a deterrent.’

A public consultation found that 46% of respondents backed the idea of fines, while 40% disagreed.

The paper does not detail what the fines could be. In the UK fines for school absences start at £60, rising to £120 if they are not paid within 21 days. Some councils charge this fine per child, while others fine each parent for each child.

Guernsey aims to have a 95% attendance rate, which works out as missing nine-and-a-half-days of education a school year.

Like the UK the islands have seen a decline in attendance since the Covid pandemic, with Guernsey having an attendance rate of 89% last autumn. The committee accepted that there can be many reasons for non-attendance, not just sickness or family holidays.

‘[But] it is important to recognise that different approaches to improving attendance are required depending on individual circumstances, but a key requirement is a clear escalation process for circumstances where there are ongoing attendance issues.’

ESC has agreed that flexibility would be required over how new powers would be used and only in response to persistent issues.

It said the intention would be that fixed penalty notices would be available to all schools, but such powers would only be introduced after further consultation and detailed proposals coming back to the States for a vote.

If fixed penalty notices were introduced for truancy, it will still continue to be an offence for the parent or carer of a child to fail to enforce school attendance.