Mother given criminal record and fine for taking her son to Majorca in term-time to say goodbye to his dying grandfather

A mother who took her son to Majorca during term-time to say goodbye to his dying grandfather has landed herself a criminal record.

Sally Randall, 35, pleaded guilty to a truancy charge when she appeared at Blackburn Magistrates’ Court, Lancashire.

She had taken son James, 13, on a ten-day break, which was the dying wish of her father-in-law Graham Crisp. He had pancreatic cancer and died three months later.

Sally Randall, centre, with her mother, Lavinia Crisp and her children, James, 13, behind her and Joe, five, and Beaudie, three sitting on her knees. She was hauled to court after the family went on holiday to Majorca during term time with terminally ill grandfather Graham Crisp

Ms Randall said she had asked Norden High School, Rishton, Lancashire, for permission to take her teenage son James out of class for the trip but the request was

refused because it was not ‘an exceptional circumstance’.

This week, she appeared at Blackburn Magistrates’ Court where she was given a six-month conditional discharge and ordered to pay a £15 victim surcharge after pleading guilty to failing to send a child to school.

She had wanted to plead not guilty but was told the only defences available to her were that the headteacher had authorised the absence; sickness covered by medical evidence; religious observance; or failure by the local authority to provide transport.

As none of these applied to her situation Ms Randall pleaded guilty, but explained to magistrates why she had taken her child out of school.

Graham Crisp died of pancreatic cancer three months after the family holiday in Majorca

Ms Randall, who has two other sons Joe, five, and Beaudie, three, told the court she went ahead with the holiday, which was being paid for by James’ grandparents, as she wanted to fulfil Mr Crisp’s wish of a last family break.

In court she said: 'It was his last holiday with his grandchildren.

'I feel it’s an exceptional circumstance, because of the memories and photographs we’ve got from this holiday.'

But on her return, the part-time support worker, who is sole carer for her three sons, was issued with a £120 fine.

RESPONSIBILITIES: TRUANCY LAW

Parents of children aged five to 16 are legally responsible for ensuring they attend school regularly - unless they are home educated.
They have to ask permission from the headteacher if they want to take their children out of school during term time.
But it can only be done if an application is made to the headteacher in advance or if it is in 'exceptional circumstances'.
Various options are available to headteachers, social workers or police including issuing parents with penalty notices between £60 and £120 if parents have not taken action or asked for help.
If this is not paid, a prosecution will follow - and this can lead to a fine of up to £2,500, a three-month jail term or a community sentence.

The paperwork was sent to her old address, and because she had not been able to pay the fixed penalty she was forced to appear in court.

She told magistrates that the holiday had initially been planned for the Easter holidays, but Mr Crisp was taken ill and had to undergo a course of chemotherapy, which meant that the holiday had to be postponed until September.

She said she had approached the school, but had been told by the headteacher, Tim Mitchell, that it was not in his power to grant the leave.

Speaking after the hearing, she said she would now have a criminal record for the next six months until it was spent.

'It’s upsetting because I’ve never been in trouble with the police in my life,' she said.

'I don’t see why I should have something on my record, no matter how small.

'I understand I broke the law, but if the headteacher doesn’t think a grandparent dying is an exceptional circumstance then I don’t know what is.

'I think it’s disgusting. Graham is dead now. As soon as we came back from holiday he was more or less in the hospice.

Sally Randall said she had asked Norden High School, Rishton, Lancashire, for permission to take her son James out of class for the trip but the request was refused because it was not 'an exceptional circumstance'

Sally Randall took her son James, 13, out of Norden High School, pictured, for a ten-day break during term time

'The kids talk about that holiday every single week. His last wish has been granted, and they’ll always remember their grandad. It’s just a shame it’s ended like this.'

Mr Mitchell said: 'We don’t think it’s appropriate to discuss the details of this individual case.

'The government’s guidelines on absence during term time changed in September last year.

'Head teachers should only authorise a leave of absence in exceptional circumstances.

'These are only considered if no other option is possible and an absence from school is necessary during the term.'

DM