The law states a leave of absence may only be granted by a school if an application is made in advance and if it considers there are exceptional circumstances relating to the application.

Expectations

• A leave of absence is granted entirely at the school’s discretion. Permission for a Leave of Absence from a school may only be given by a person who the school’s proprietor has authorised to do so (an authorised person).
• Schools must judge each application individually considering the specific facts and circumstances and relevant background context behind each request.
• Generally, a need or desire for a holiday or other absence for the purpose of leisure and recreation would not constitute an exceptional circumstance.
• Where a leave of absence is granted, the school will determine the number of days a pupil can be absent from school.
• When making an application for Leave of Absence parents are advised to give sufficient information and time to allow the Head Teacher the opportunity to consider all the exceptional circumstances and to notify the parents of their decision.

• The school may also request further information on the application and supporting documentation where appropriate.

• It is advised that if the resident parent has not received notification or a response regarding the leave of absence application, it is their responsibility to ascertain if the leave is authorised prior to the start of the leave.
• The school can only consider applications for Leave of Absence which are made by the resident parent, i.e the parent with whom the child normally resides.
• Where applications for Leave of Absences are made in advance and refused, the child is expected to be in school on the dates set out in the application. If the child is absent during that period, it will be recorded as an “unauthorised” absence. Where a leave of absence is requested but additional days take either prior to or after the request, they may be considered as part of the leave of absence.
• Leave of Absences which are not made in advance cannot be authorised in line with legislation. This will result in the absence being recorded as ‘unauthorised’.
• All matters of unauthorised absence relating to a Leave of Absence will be referred to the Warwickshire Attendance Service of Warwickshire County Council. Penalty notices are issued in accordance with Warwickshire County Council’s Code of Conduct for Penalty Notices and in the first instance, as an alternative to prosecution proceedings. A copy of which can be found at WCC FPN code of conduct
• Where a Penalty Notice is not paid within the timeframe set out in that Notice, the matter will be referred to Warwickshire County Council’s Legal Services to consider instigating criminal prosecution proceedings under S444 of Education Act 1996.