'People who make these laws don't live in the real world:' Anger of father fined £600 for taking his three children out of school to go on a week's holiday to Greece

Stewart and Nat a sha Sutherland fined £630 and ordered to pay £300 in costs in court today



Couple took their three children on holiday to Rhodes in September 2013



They refused to pay initial £360 fine from council after holiday



Penalty then doubled to £720 because it was not paid within 21 days



Under new rules, children can only take days off for holiday in 'exceptional circumstances'







Fined: Natasha and Stewart Sutherland pictured arriving at Telford Magistrates Court. They were fined £630 and ordered to pay £300 after they went on holiday with their children during term time

A couple were hit with a £1,000 penalty yesterday for taking their three children out of school for a foreign holiday.

Stewart and Natasha Sutherland fell foul of a new law allowing councils to fine parents who fail to ensure their children attend class.

They returned home from the week-long break to Rhodes – their first family holiday in five years – to find they had been fined £360. This was soon doubled to £720 because they did not pay up quickly enough.

The case went to a magistrates court yesterday where the Sutherlands were forced to enter a guilty plea. Their fine was amended to £630 with £300 costs and a £63 victim surcharge.

Speaking after the case, Mr Sutherland, who works for the Ministry of Defence Guard Service, said the week in question was the only one he and his wife could both take off work.

‘We had no choice but to plead guilty otherwise me and my wife could have been behind bars,’ added the 39-year-old.

‘Surely that would make our children’s education suffer more than a much-needed holiday? I can’t see the justice in it at all.

‘I work in a sensitive job where staffing levels have to be maintained. There’s been a recruitment and overtime ban and it’s been impossible to arrange summer leave that fits in with the rest of the family.

‘I know how important education is – but there’s a bigger picture. Family time is important, too, and the children’s behaviour and schooling has improved massively since our holiday.’



Justices in Telford, Shropshire, rejected the family’s argument that the holiday was booked before the new school attendance law came into place.

Claims: Following the ruling, Mr Sutherland said outside court today that 'people who make these laws do not live in the real world'

The Sutherland family: (left to right) Sian, 13, mother Natasha, Keane, six, father Stewart and daughter Rhiannon, 15 on holiday in Rhodes

The couple – with Rhiannon, 15, Sian, 13, and Keane, six – went abroad on September 25, just 25 days after the law came into force. It ended a policy that allowed schools to grant up to ten days off for family holidays.

Now parents are required to send their children to school except in exceptional circumstances.

Offenders risk a £2,500 fine or three months in jail. The Sutherlands had been refused permission by the school but decided to take the holiday anyway.

Paradise: The family of five went to the Greek Island of Rhodes, a destination popular with British tourists THE FINES PROCESS The local authority issues a penalty notice to parents who fail to ensure their kids attend school.

It equates to £60 per child, rising to £120 if it's not paid within 21 days.

After 28 days, if the fine remains unpaid, the local authority is required to begin legal proceedings in a magistrate's court.

The couple are being prosecuted under Section 444 of the 1996 Education Act, subsections one and eight.



The two parts refer to a parent's failure to secure regular attendance at school of registered pupil.

If a child of compulsory school age fails to attend the school regularly, his parent is guilty of an offence.

If the parent knows that his child is failing to attend regularly at the school and fails without reasonable justification to cause him to do so, he is guilty of an offence.

If a person is guilty to any of the above offences they are liable on summary conviction with punishments ranging from a fine to a three-month prison sentence. The guidelines appl y to all state-funded schools . Mr Sutherland, who defended himself and wife Natasha, 36, in court, added: ‘I stand by my decision.

'Most parents can take their holiday when kids are off.

'Unfortunately I can’t. There’s no flexibility at all. If the whole country took their holiday when the kids were off school the country would come to a standstill.

'It’s like we are being taxed because I’m a shift worker. ‘I’m being treated like a criminal because I am trying to do the best for my family.’ The Sutherlands, from Telford, claim they have not lost out because the money they saved with an out-of-season holiday was greater than the penalty. Prosecuting for Telford & Wrekin Council, Carol Trigger told the court the family were warned they did not have permission to go on holiday. She said: ‘There was a change in legislation that had been communicated to parents in July via the school newsletter.

‘Mr and Mrs Sutherland had the opportunity to pay the lesser fines totalling £360 within 21 days but they chose not to pay.

The penalty notice clearly states the non-payment of fines will result in prosecution.’ A Department for Education spokesman said: ‘Poor attendance at school can have a hugely damaging effect, and children who attend regularly are nearly four times more likely to achieve five or more good GCSEs than those who are regularly absent.

Youngest: Their six-year-old son Keane was taken out of Donnigton Wood Primary School in Telford