THE father who fought a long legal battle over taking his daughter on a term time holiday has today been found guilty by Isle of Wight magistrates for the unauthorised absence from school.
Jon Platt, who took his daughter out of school to go on a holiday to Florida in April 2015, lost a legal challenge in the Supreme Court, after judgements on the case in both the original magistrates hearing and a High Court hearing were appealed by the Isle of Wight Council.
The argument was over what was considered “regular attendance” at school and the Supreme Court ruled in a landmark hearing that regular meant in accordance with the school's rules.
Therefore, because the holiday to Florida was unauthorised absence, magistrates today ruled that Mr Platt had failed to ensure his child regularly attended school, bringing a criminal conviction against him.
Representing Mr Platt, Paul Greatorex, said that there had been 8.5 million unauthorised absences in a single term in the UK last year, and since the Supreme Court ruling, the parents of those students could now potentially be branded criminals.
“I can't think of any offence that is committed so regularly,” Mr Greatorex said.
Giving evidence, Mr Platt said that an application for absence form from his daughter's school had said that satisfactory attendance was 90 to 95 per cent and Mr Platt calculated that his daughter's attendance would still fall above 90 per cent if they took the holiday.
However, Ben Rich, prosecuting on behalf of the Isle of Wight Council, said that because permission was not granted for the term time holiday, Mr Platt had been in breach of the school rules and should therefore be prosecuted.
Mr Platt was given a 12 month conditional discharge, but was ordered to pay £2,000 court costs.
The case has cost the tax payer £140,000 and Mr Platt personally almost £30,000.
Speaking after the trial, Mr Platt said: “I feel relieved it is over. I am not going to appeal this decision.
“I am going to do what the Isle of Wight Council should have done in the first place and respect what the magistrates have said.
“It is critical now that parents call up schools and ask what their school's rules state.”