Can a student take a holiday in term time?

Unauthorised Leave of Absence - ULOA (holiday in term time)

The Education (pupil registration) (England) (amendment) Regulations 2013 made it clear that head teachers may not grant any leave of absence during term time unless ‘exceptional circumstances’ prevail.

As of August 2024, the law ceased to include leave of absence code H for a family holiday. The Department for Education defines the term ‘holiday’ as leave for the purpose of leisure and recreation which would not normally constitute an exceptional circumstance.

If the primary reason for the unauthorised absence is a ‘holiday in term time’, and the majority of the absences are Code G, a penalty notice can be requested for a ‘holiday in term time.

Process:

Parent/carer should request permission for leave in writing to the school

• The Head Teacher considers if there are exceptional circumstances and decides whether to authorise the leave or not
• If the leave is granted the school informs the parent the request is approved and marks the register with Code C for the length of the leave.
• If refused, school send the Head Teacher’s ‘leave of absence’ refusal letter to parent/carer.

Exceptional Circumstances

Head Teachers are only empowered to approve a leave of absence when it is requested in advance by the parent or carer with whom the child resides and when circumstances of the requested leave are ‘exceptional’.

If Head Teachers feel there is a good reason for a request for leave in termtime, the absence can be authorised as a leave of absence and marked with code C and a record of the reason for absence recorded. Neither the Regulations nor the DfE Guidance define which situations may be considered exceptional circumstances and it is for the school to decide whether the request constitutes an exceptional circumstance. Each request should be considered on its own merits considering the specific facts, circumstances, and relevant background to the child and the request.