English law (don't know about the rest of UK, sorry) gives the local education authority the right to set their own local policies and issue fixed penalty notices to parents who breach it. Don't ask me what will happen if schools are allowed to break away from the LEA!
I've had my say on previous threads on the rights and wrongs of taking kids out of school during term-time and I'm not going comment on that here. It's a topic that many people seem to have strong and fixed views on with the associated tendency to engage in rants and few people ever seem to change their mind as a result of the 'discussion'.
But Steve raises an interesting point because such policy developments could mean it gets a lot worse for those who want to take kids out of school during term-time. The proposed 'free schools' for example, will have a lot more autonomy than those that remain under the LEAs control but this could result in them hardening rather than loosening the rules. Just like the 'academies' before them, there will be a lot of pressure on them to demonstrate that they are improving standards etc in return for the added 'no strings' financial investment and the way the city academies and a good many faith schools have done this is to be very ruthless with finding ways of getting kids off the roll who, for whatever reason, bring their position in the league tables down - or even never let them get on it in the first place. So parents with a record of taking kids out of school and on holiday as unauthorised absences could find it gets increasingly difficult to get their kids into those schools that are well placed in the league tables and get a reputation for achieving good results. And unlike with the existing regulations covering school allocations etc there's a good chance that there will be no realistic prospect of appealing such a decision once a school and its admissions policy is no longer monitored/regulated by the LEA.
Just calling your kids in 'sick' won't necessarily be a protection against this either - I know of faith schools who've taken the line that parents who appear to take a relaxed view of what constitutes being too sick to attend school is evidence of the parents not working within the school ethos and being unco-operative. And once they've decided that you're 'not working with them' they can make life very uncomfortable for the parents concerned. they have no need to keep you happy when they've got long waiting lists of families happy to take your place. I don't know whether any school ever did actually do it but I did hear it being made as serious suggestion that schools wanting to do something about this should consider referring those families with kids who had a consistently higher than average number of days off sick, without evidence of a longterm or recurring condition, to Social Services on the ostensibly unimpeachable grounds that they were concerned about the children's overall health and wellbeing if they were so regularly and frequently falling ill. I'm not wanting to get into a debate about whether Michael Gove's plans to try and remove as many schools as possible from LEA control are a good or bad thing but parents who cast the LEA as the baddy in the 'holidays during term-time' debate might find that they have nothing on what schools are capaple off once outside of LEA control.
I would very much doubt that a defence based on the HRA and 'the right to a family life' is going to hold water in the courts either. A 'right to a family life' is not the same as 'the right to take a holiday abroad at a cheaper price than the TOs are prepared to let me have during the school holidays'. Yes, holidays are an important part of family life but there are holidays and holidays. My cousin, a recently retired headteacher of a church primary school had a wonderful strategy for responding to those parents who said that going on holiday during term-time was the only way they could afford a family holiday. He'd put on his most concerned face and tell them that he knew of a number of charities who owned caravans on the north Wales coast and rented them at a subsidised rate to ensure that families who couldn't otherwise go on holiday together could do so. He'd then ask whether they'd like him to contact said charities and see if they had any vacancies and that he'd also put in a good word with the parish priest to see if he was willing to pay for it out of parish poor funds because he knew how important holidays were for family life! Each year a minority of families were genuinely delighted and said, yes, please do. But the majority of parents either backed off with a red-face or got angry with him for thinking that they were that poor that they needed to take up such an offer. Cue even more concerned face and and an apology for the confusion and that he must have misheard them because he was sure that he had heard them say that they couldn't afford a holiday during the school summer holidays and he'd only wanted to help and ensure that they were able to spend time away together as a family in a different environment.
Of course he got away with this because it was a very popular high performing school and he knew full well (and most of the parents knew that he knew) that a good many of them had paid a premium for their houses in order to ensure that they lived in the catchment area. If he really wanted to rub it in he would mention that if they were struggling with managing their outgoings etc that he could put them in touch with excellent debt counselling agencies too. I'm not defending his actions but simply using it as an example of how one should never underestimate just how low a popular, high achieving, oversubscribed school staff will sink to in order to maintain their position in the league tables - especially once the restraining hand of the LEA that has a responsiblity to provide a state schooling for all those need it, is removed.
SM