Mum facing jail after taking daughter on family break in term time because her other children have different school holidays
Michelle Smith, 34, is refusing to pay fine after taking 10-year-old Amelie away from school for sunshine break when she was still expected to be attending lessons
A MUM-OF-FOUR is risking three months in jail for taking her youngest daughter out of school in term time after a new ‘free-for-all’ on holiday dates left her children unable to take a family getaway together.
Michelle Smith, 34, had wanted to go to Ibiza for the Easter break but rules allowing schools to set their own holidays meant Amelia, 10, broke up two weeks after her four siblings who attend four different schools in the area.
Michelle alerted Amelia's primary school to the clash before pressing ahead with the family's eight-day break.
Ten days after they arrived back in the UK she was issued with a £60 fixed penalty notice by Blackpool Council for failing to ensure her child attended school. Amelia had previously had an attendance rate of 100%.
Today Michelle, a travel agent from Thornton Cleveleys, Lancs said she was refusing to pay the penalty.
She could now be hauled to court where the fine could be increased to £2,500 and leave her facing three months jail and a criminal record.
She said: ''Family holidays are incredibly important to us because we spend that time together as a family - but these new rules on term dates simply don't make that possible anymore and I want to make a stand for all parents.
''The whole system simply doesn't take into account large families who have several children at different schools.
"I would never dream of taking Amelia out of school to go on holiday but in this case we had little choice.
''The other alternatives were leaving Amelia at home which of course we would not do - or just axe the family holiday altogether and I don't see why we should have to do that.
''I was trying to make the most of an awkward situation by taking just one child out of classes. We couldn't leave her behind and we didn't want to cancel the trip. It's a ridiculous situation.The system is putting families under unfair pressure."
Amelia, who goes to Norbreck Primary Academy, was scheduled to break up for Easter holiday on April 8. Michelle's eldest son Taylor, 16, and elder daughter Courtney, 14, who go to the same school and son Shai, 12, all broke up for their two-week break on Thursday March 24.
Michelle's partner, Rickie Lake, a 48-year old scaffolder, has a 12-year-old son, Lenny, who broke up on March 23. All the older youngsters were due back in school on April 11.
The family went on holiday on March 29 and stayed for eight nights, returning on April 6.
Michelle added: "When the term dates were announced I went into Amelia's school to check the holidays were correct because I couldn't believe they were so different from the other four schools. But they told me they were the right dates.
''I told them of our holiday plans in advance and I thought as Amelia had one hundred per cent attendance, they would be understanding of the situation.
"My other three children had all been to that primary school too so we just went on the holiday and we thought we would be ok.
When Amelia went back to school, there was no mention of a fine - but about 10 days later the letter came through.
"I opened it and I was absolutely gob-smacked. I just don't see what else we could have done, it was either not go on holiday or leave her here.
"It was impossible, common sense somewhere should prevail. If I took them all out of school randomly, I would absolutely expect to be fined.
"There is no common sense in this, what are parents supposed to do in that instance?
"I could pay the fine and forget about it but why should I? The children wonder why I'm whinging about £60 but I was absolutely raging when I got the letter.
"Yes £2,500 is a lot of money if we go to court but morally I'm in the right. This fine has been imposed upon me with any trial and there is no option whatsoever to appeal.
"I think this is going to be a common problem because there is a lot of academies that can chose their own holidays. I don't hold Amelia's school at fault and I don't hold the other schools at fault either.
"The new system just doesn't help parents out at all. It is not my fault that my daughter Amelia's school has different holidays than the children's schools.''
Karen McCarter, principal at Norbreck Primary, said: "We understand that this is a difficult situation for the family but the government only permits schools to authorise absence in very exceptional circumstances such as bereavement or funerals.
"Although it may seem harsh, term-time absence for holidays are not allowed."
Academies, free schools and voluntary-aided and foundation schools already had the ability to set their teaching hours and term dates - but all state schools were given given similar powers last September under the Government's Deregulation Bill, which removes the role of local authorities in fixing the dates of school terms and leaves the decision to school leaders and governors.
Critics have warned the move risked creating a "free-for-all", with schools in the same area setting different term dates, causing chaos for local parents.