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Nicola-mod
Nicola-mod, Moderator
Category: Law
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Experience:  Moderator
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Do the amendments to the Education regulations 2006 forbid

Customer Question

Do the amendments to the Education regulations 2006 forbid head teachers to authorise any time off without exception. I have requested one day authorised absence for my son to aattend his sisters wedding but the headteacher refuses to authorise it. First because she said the regualtions do not allow it and when I appealed pointing out that I believed that a sisters wedding is an exceptional circumstance she refused again based on that the guidelines for what are considered exceptional circumstances have not been published yet.
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

AlexWatts2013 : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return.
AlexWatts2013 : I have checked the 2006 regulations and it states
AlexWatts2013 : 7.—(1) Leave of absence may only be granted by a person authorised in that behalf by the proprietor of the school.(2) Leave of absence shall not be granted to enable a pupil to undertake employment (whether paid or unpaid) during school hours except—(a)employment for the purpose of taking part in a performance within the meaning of section 37 of the Children and Young Persons Act 1963(1) under the authority of a licence granted by the local authority under that section; or(b)employment abroad for the purpose mentioned in section 25 of the Children and Young Persons Act 1933(2) where a licence has been granted under that section by a justice of the peace.(3) Subject to paragraph (4), a pupil may be granted leave of absence from the school to enable him to go away on holiday where —(a)an application has been made in advance to the proprietor by a parent with whom the pupil normally resides; and(b)the proprietor, or a person authorised by the proprietor in accordance with paragraph (1), considers that leave of absence should be granted due to the special circumstances relating to that application.(4) Save in exceptional circumstances, a pupil shall not in pursuance of paragraph (3) be granted more than ten school days leave of absence in any school year.(5) This regulation applies only in relation to a maintained school and a special school not maintained by a local education authority.
AlexWatts2013 : So this regulation does not exclude exceptional circumstances such as to attend a wedding. I trust this fully resolves your question and if so could I invite you to take a moment to rate my service, as your feedback is important to me. If you need further information or help then please click rely. Alex
Expert:  Nicola-mod replied 4 years ago.
Hello,

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Thank you,
Nicola