The controversial ban on parens taking their children on holidays could be scrapped if the government loses a landmark legal challenge, The Mirror reports.
Justine Greening, the Education Secretary is expected to make a final decision after a ruling by the Supreme Court.
If the government loses, a change in the law would be needed in order to enforce the ban introduced by the then Education Secretary Michael Gove in 2013, as current legislation does not actually stop parents from taking children out of school for such reasons.
Sources close to the government are reported saying there would be little prospect of fighting a battle over the ban as the education secretary already has a busy schedule, including the government’s plans for more grammar schools.
The case comes after judges decided that a father from the Isle of Wight, Jon Platt – who was initially fined £120 by his local authority – did nothing illegal when took his six-year-old daughter on a family trip to Disney World in Florida.
Her school had refused permission for the trip but he took her anyway and she missed seven days of class time.
Mr Platt successfully challenged the fine, and the school’s policy, arguing that there was no case to answer as the prosecution had failed to show that the child did not attend regularly.
Even combined with other absences, Mr Platt maintains her attendance remained above 90%, which is the threshold for persistent truancy defined by the Department for Education.
However, just a month later Isle of Wight Council was told it could apply to the Supreme Court for permission to appeal against the High Court judgment.
The Department for Education is funding the appeal, but no date has been confirmed for the Supreme Court to hear the case.
Speaking at the time of his High Court win, Mr Platt said:
“It is a victory. It’s parents who should decide what’s best for their children.
Unfortunately there’s far too many people in positions of power who think they know better.”