Mother defies legal gag over prosecution for taking two children on three-week family holiday to Australia during term time

A mother who defied a council’s bid to gag her after she was prosecuted for taking her children on holiday in term time is fighting for a change in the law.
Janice Skelcher and her husband Ian took their two children to visit family in Australia.
She says the three-week trip had to be during term time as she is a full-time carer for her dying mother-in-law and that was the only time alternative care could be arranged.

Family holiday: Janice Skelcher and her husband Ian took their two children to visit relatives in Australia

They refused to pay a £240 fine imposed by Coventry City Council and were prosecuted.
The court imposed a 12-month conditional discharge and ordered them to pay £400 costs but when Mrs Skelcher was invited on a daytime TV show to discuss the case,
the council obtained an injunction preventing identification of the children – in effect silencing her.
Now Mrs Skelcher has defied the gag and can be named under parliamentary privilege after Liberal Democrat MP John Hemming provided details of the case in a petition laid before the House of Commons.
Mrs Skelcher, a former emergency call handler, said: ‘I am very angry because now I have a criminal record.
‘My family circumstances mean that I had no choice but to take the children away when I did – and there are many parents in the same position who cannot take their children away in a period specified by school.

Australia trip: Mrs Skelcher says the three-week trip had to be during term time as she is a full-time carer for her dying mother-in-law and that was the only time alternative care could be arranged

‘Any mother in my situation would do the same. I have not had one negative comment from the mums at the school gates.

‘The law states that there have to be exceptional circumstances. Well, if it is not caring for a terminally ill person with two primary school children, then what is?’

'The law states that there have to be exceptional circumstances. Well, if it is not caring for a terminally ill person with two primary school children, then what is?'
Janice Skelcher

In her petition, Mrs Skelcher is demanding a judicial review of the regulations, and asks MPs ‘to recommend that greater support and flexibility [are] allowed for parents to enable them to more effectively care for their children’.
She told The Sunday Times: ‘The school knew the children were suffering emotionally and they still said that I was doing the wrong thing.
‘It’s crazy because... my job is to look after my children and that includes their emotional wellbeing. They [the authorities] are not living in the real world if they think these rules can work. I would do the same if I was in the situation again.’
The Skelchers are one of many families to face action following a government crackdown on parents removing their children from school during term time.

Political involvement: Liberal Democrat MP John Hemming (pictured) provided details of the case in a petition laid before the House of Commons, meaning Mrs Skelcher can be named under parliamentary privilege

Head teachers should approve absences only in ‘exceptional circumstances’ but some have interpreted the new guidance to mean a blanket ban on pupils taking time off – even for weddings, funerals and medical reasons.

Mr Hemming said: ‘By petitioning parliament, Janice cannot be stopped from talking about her case.’

'By petitioning parliament, Janice cannot be stopped from talking about her case'
John Hemming, Liberal Democrat MP

He previously used parliamentary privilege to reveal that footballer Ryan Giggs and RBS boss Fred Goodwin had obtained injunctions to protect their reputations.
Coventry council said it followed Department for Education guidance. It claimed: ‘On this occasion the parents decided not to accept the penalty notice, but the court’s verdict demonstrates that the council’s course of action was correct.’
The Government recently published a Bill that would allow schools to set their own term dates.
The intention is to stagger holidays and drive down high summer prices that prompt some parents to take their children out of school.

DM