A St Neots family have been threatened with a fine if they take their son out of school to visit his "seriously ill" grandfather in Spain. 

Jose Garcia and Rebecca Lewis contacted Crosshall Infant School Academy Trust to request a term time leave for their son *Joe, whose name we have changed to protect his identity, three weeks before the planned trip. 

In correspondence seen by The Hunts Post, the parents stressed that they had taken the "urgent decision" to request an absence to allow Joe to visit his grandfather before his "situation deteriorates further."

Jose said: "My dad has been having issues with his lungs for quite some time and he's been admitted to hospital in Spain to undergo reactive tests, but it's not looking good.

"We lost my mum last year to lung cancer and to now have my dad severely ill in hospital with what is likely the same diagnosis is tough on us as a family, and because of where he lives we're not able to visit him. 

"From the results I've seen and the information I have, we don't know whether dad has three days or three months left, so there's a lot of uncertainty.

He added: "My dad is dying, and this will probably be the last time our son gets to see his grandfather again because we haven't had a good test result come back, and July 8-15 is only time that we can go as I have work.

"We can guarantee that the only time that Joe hasn't been at school is when he has been ill, and most of this time the school has been the one that sent him home."

The school wrote back to Jose and Rebecca saying that regardless of this, the leave did not qualify as "exceptional circumstances" and warned that the "unauthorised absence" would result in a fine of £120, £60 per adult. 

Amendments to The Education (Pupil Registration) (England) Regulations 2006 allow head teachers to grant a leave of absence during term time if "exceptional circumstances" exist.

The family received a letter warning them that the absence would be recorded as unauthorised and result in a fine. The family received a letter warning them that the absence would be recorded as unauthorised and result in a fine. (Image: Jose Garcia)

Examples of an exceptional circumstance vary from school to school, but can include the funeral of a parent, grandparent or sibling, the wedding of a family member, or the serious illness of an immediate relative. 

The 39-year-old believes the absence should be authorised by the school due to the declining condition of his father and the emotional impact on Joe following the loss of his grandmother less than a year ago. 

However, Jose told The Hunts Post that the fine is not what he is contesting. 

He said: "I tried to meet with the head teacher to discuss the situation and see if we could find a way to sort it out but I was told she was too busy. 

"I asked if an appointment could be made, but the office staff told me to just look at online guidance for absences. 

"The fine itself isn't the issue, it's the fact that the school hasn't been willing to discuss the issue with me."

He added: "They've put a massive brick wall in front of me. All they've said is that if Joe doesn't come into school, they'll fine me."

A spokesperson for Crosshall Infant School Academy Trust told The Hunts Post: "I can advise that this is an on-going attendance matter with the family and the school has a very different account of events to that which you have been given.

"Crosshall Infant School liaises very closely with Cambridgeshire County Council regarding all matters of attendance and follows agreed procedures relating to pupil attendance.

"Each case is reviewed on an individual basis. This case remains under review, no fine has been issued and no outcome finalised in terms of whether this will be considered an ‘exceptional circumstance’.

They added: "The School has already reached out to the family again to discuss the matter further and will continue to liaise with the Local Authority on such issues."

A spokesperson for Cambridgeshire County Council added: "Requests for exceptional leave are decided at the relevant Head Teachers’ discretion. This is in line with Government Policy."