[Steve McCabe in the Chair] — Term-time Leave

Part of the debate – in Westminster Hall at 5:17 pm on 26 October 2015.

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Photo of Daniel Poulter Daniel Poulter Conservative, Central Suffolk and North Ipswich 5:17, 26 October 2015

The hon. Gentleman makes a good point. The data are generic—we know that there is a link between absence rates for all reasons and lower attainment at school. Of course we would expect pupils who are missing school regularly and not turning up for reasons such as truancy to do less well at school than those who attend regularly—there is other evidence to support that. That is the hon. Gentleman’s point, but my understanding of the data is that, generally, higher rates of absence equal lower levels of attainment.

When putting regulations in place—perfect ones are difficult, but they are there for the right reasons—we need to look at something the Minister alluded to in an intervention on my hon. Friend the Member for St Austell and Newquay. Were we to facilitate routinely two weeks of holiday for pupils during term time, over a pupil’s school career that would represent about 24 weeks of extra holiday in school time—almost half a year of extra holiday and of lost learning time being facilitated by law. That is not something that anyone ought to want to facilitate in Government regulation. Such a situation would clearly be detrimental to a child’s development, future life chances and chances at school.

Regulations are difficult to make but there is a reason why they are in place. We have failed to discuss the level of discretion available to headteachers at the moment and I will come on to that. It is right to have given discretion to headteachers, who may look at the circumstances involved, but there might be an issue to do with refreshing some of the guidance. Perhaps the Minister will talk about that in his response.

The background to the legislation is that parents are not now able directly to authorise absence themselves; they must do so with facilitation from the headteacher. The initial framework of the regulations was put in place by the then Labour Government in 2006 and changed by the coalition Government in 2013. Under the new regulations, headteachers may not grant leave of absence during term time unless there are exceptional circumstances.

The matter is therefore one for the headteacher. A fine for an unauthorised absence is possible, but discretion has been given to the headteacher to look at the circumstances, and they have done so in a number of cases. Clearly, in our increasingly multicultural country—something we celebrate—different religions have certain celebrations at different times of the year. Certain schools and headteachers recognise that and use those exceptional circumstances of religious celebration to exercise their discretion.

We need to look at what we want in regulation—a duty that is in effect permissive, allowing such absence, or one that allows the headteacher to look at the circumstances, making it the rule that leave should not be given without exceptional circumstances? A permissive duty would in effect allow an extra half year of holiday and missed school in pupils’ lives, so the legislation has probably come down on the right side of the argument: in support of the headteacher’s having discretion.