For many families of children with special educational needs and disabilities (SEND), term-time holidays aren’t about cheap deals or convenience — they can be a lifeline.
Between the sensory overload of peak-season crowds, the rigid school schedules, and the impact of burnout, some children simply cannot cope with traditional school attendance patterns. That’s why understanding your rights as a parent is so important, especially when it comes to taking time off during the school term.
What the Law Says
Schools must follow the Department for Education’s guidance, which states that they can only authorise term-time absence in “exceptional circumstances.”
Exceptional circumstances can include:
- Medical or mental health reasons (with evidence)
- Children with SEND who are experiencing school-related anxiety or burnout
- Families with disabled parents or siblings who need to travel at quieter times for sensory or health reasons
- Siblings of a child with SEND where the family needs a calm break to maintain wellbeing
Your Rights with an EHCP
If your child has an Education, Health and Care Plan (EHCP), your child’s needs should be fully considered before any penalty is issued. Schools must take into account:
- Sensory needs
- Mental health needs
- The impact of travel on the child
- Whether travel forms part of agreed provision (e.g., for emotional regulation or cultural learning)
If a holiday supports your child’s SEN needs or is part of a staged reintegration plan, this can sometimes be lawfully authorised.
Can You Be Fined?
Yes, technically schools can issue fines, but you can appeal the fine if you believe your case falls under “exceptional circumstances.” It’s important to keep a clear paper trail of communications, including requests, evidence, and responses.
We’ve created a free template letter you can download to request term-time leave based on your child’s needs. Use this as a formal way to explain your circumstances and request approval in advance.
Real Examples of Approved Absences
Here are a few examples shared by our community:
- A family took their autistic child to a quiet seaside town in term time because the child can’t cope with summer heat or crowds.
- A child with ADHD and anxiety was granted time off for a sensory-friendly nature break after a period of burnout.
- A child with PDA (Pathological Demand Avoidance) was authorised for an off-peak educational trip to reduce demands and re-engage with learning.
SEND Isn’t One-Size-Fits-All
What matters is that your child’s needs come first. We all know how vital breaks are to help our children regulate, recharge, and reconnect. Don’t feel guilty for seeking what’s right for your family.
Get Support
Need help wording your request? AskEllie can help. Use the free AskEllie assistant to:
- Draft a letter to your school
- Understand your legal rights
- Prepare for any appeal if a fine is issued
Disclaimer: Always check with your local authority and individual school policy. This post provides general guidance only. I am a parent, not a lawyer. The information in this post is based on publicly available guidance and should not be taken as legal advice. Always check with your local council and consider consulting a legal or financial adviser for your own situation.
Visit Here for a free template.
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