UPDATED: The Isle of Wight Council has today (Friday) started the formal process of appeal to the High Court, for clarification on a matter of law, concerning an Isle of Wight Magistrates’ Court decision that there was ‘no case to answer’ in relation to Jon Platt’s non-payment of a fine for the ‘unauthorised absence’ of his daughter from school for a holiday to Florida.
The Council say magistrates may have failed to interpret and apply the law correctly when the Sandown businessman’s case was thrown out earlier this month. Under Section 444 of the Education Act 1996 it is stated ‘If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school, his parent is guilty of an offence’ – Mr Platt argued that his daughter does attend school regularly.
The case has been highlighted in the national newspapers and reached the front page of the Daily Mirror. Now the case will be highlighted again when it goes to the High Court, with Mr Platt expecting £15,000-£20,000 of tax payer’s money to be spent on the appeal.
Council leader and Executive member for children’s services, Councillor Jonathan Bacon, has this afternoon said:
“The recent media attention given to this case shows that there is interest, concern and, above all, uncertainty as to what constitutes ‘regular attendance’ for the purposes of the legislation in question. This is not a question that can be resolved by any local authority.
“The decision made by the magistrates was made on a point of law. The Isle of Wight Council has received clear advice that the magistrates may have failed to interpret and apply the law correctly in making their decision. Where the law created by Parliament is uncertain, the Appeal Courts have the ability to lay down a binding ruling as to the correct interpretation of the law.
“The Isle of Wight Council is of the view that, in light of the advice given, the importance of the issue and the need to obtain clarity, it would be appropriate to appeal the magistrates’ decision in this case in order to obtain a clear binding ruling as to what the law is on this issue. This will benefit parents and local authorities both on the Island and across the country, and may also inspire Parliament to look again at the legislation, which many feel they ought to.”
The Isle of Wight Council say they will not be commenting any further in relation to this case until the appeal has been determined.
In the meantime, the Council will continue to implement the government’s current statutory guidance around attendance.
Mr Platt of Nettlestone had not been made aware of the Isle of Wight Council’s appeal ahead of this afternoon’s press release.
UPDATE @ 19:10 – Speaking on the Council’s decision to go to the High Court, Cllr Chris Whitehouse (Conservative, Newport West Ward) has said:
“I’m personally gob-smacked that the Isle of Wight Council Leader, Jonathan Bacon, has decided, without consulting with the majority of councilors, to hound in court a responsible parent whose child has a good school attendance record. This seems to me to be a misuse of authority and of public funds.
“At a time when he’s slashing services left, right and centre, the Council Leader should not be diverting resources to pursue such a vendetta.”
