Dad proves you CAN take kids on holiday during term after epic court win

A DAD who took his daughter on holiday during term time has overturned a court fine for her school absence in a landmark legal case.

Jon Platt, 44, went on an eight-day holiday to Disneyworld in Florida with his seven-year-old daughter, despite her school refusing permission.

He was slapped with a £120 fine - but his lawyer has since argued that her "unauthorised absence" did not mean she failed to attend school "regularly".

The court agreed with the reasoning and his fine has now been overturned.

The breakthrough could have implications for thousands of parents who take their children out of school for family holidays during term time.

Mr Platt said: "I'm not a qualified lawyer but my understanding of this law is it's very simple. My child needs to attend school regularly.

"Her attendance for the whole of the last school year was nearly 94 per cent. I don't know where the threshold is but quite frankly parents need to decide for themselves.

"When I made the application through the school to get her time off it was refused even though her attendance at the time was 100 per cent.

"I've had lots of messages from people, asking me 'What is the loophole here?' But there is no loophole, the law just says your children must attend 'regularly'."

Mr Platt also argued that the Education Act does NOT put restrictions on parents taking childen on holidays in term time.

Mr Platt took his daughter to Disneyworld in Florida Getty

He said: "I had to prove nothing - they just had to prove my child's attendance was not regular. That's all it says.

"My understanding is the law doesn't say anything about holiday time but most parents blink at the fine and pay the expense, even though a significant proportion of them are probably people whose kids actually attend school regularly.

"The local authority think they have an obligation to issue fines to drag parents to court. But what does the word 'regularly' mean?"

Mr Platt had no other option but to fly out on April 12 and return on April 20 with 17 members of his family because it was the only week they could all attend.

He said he knew he would be prosecuted and fined, but still took her on holiday with the rest of the family.

But when he refused to pay the fine, which doubled to £120 when he failed to pay, he was hauled into court to face the Isle of Wight Magistrates.

Some six months after the holiday, he is celebrating victory this week after magistrates said he had no case to answer shortly before he was due to face trial.

He said: "My kids' education is absolutely critically important to me but I'm also responsible for their welfare.

"If I think it will do them the world of good to go on holiday to Disney with the 17 people who love them the most in the world I will do that.

"If I thought my kids' education would be affected I wouldn't have taken them."