Using Article 8 to ensure you can take your children out of school

If you need to take your children out of school during term time there are better and worse ways of going about this.

Ideally you make the request using the right legal arguments at the first point and then get permission.  This page looks at each stage of the process and how to handle matters is the most effective way.

In essence Article 8 of the ECHR means that they can only refuse on the grounds that it is harmful to your child to remove him or her from school.  

    The stages
  1. The initial request
  2. Appealing a refusal
  3. Pre-action protocol for judicial review
  4. Arguments in court
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Noah Myers was fined for taking his son out of school for a couple of days to support a cousin participating in an international sporting event. He took his other son out of a different school at the same time, that school wouldn't authorise the absence either but didn't fine...


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