A dad says he is refusing to pay a fine he received after taking both his children on holiday during term time despite being granted permission for just one.

Paul Phipps and his wife Tara, from Teynham, took their son, who has autism, and nine-year-old daughter to Turkey at the end of September.

They chose this time of year as it is quieter and less likely to trigger a sensory meltdown for Jack.

The 14-year-old goes to Meadowfield and is severely autistic as well as non-verbal. His sister, Poppy, attends Lynsted and Norton Primary.

Last December, the family told both schools of their intentions to take the children away for 11 days.

While Meadowfield permitted Jack to go away, Poppy’s primary school didn’t. Paul claims he asked them multiple times, but they “point blank refused”.

“The third time I asked to speak to the attendance officer so I could explain the situation,” he added.

“We’re not going to take one child away and leave the other.”

Two days after they returned, the family received an £80 fine, which Paul is refusing to pay.

This increases to £160 if it is not paid in 28 days. Further court action could take place, including being fined up to £1,000.

“It's frustrating because we did everything the way it should have been done,” he explained. “We've asked permission and given them plenty of time.

“You have parents that don't even bother asking – they just say their child is ill. We wanted to do everything by the book.”

“Jack's not going to enjoy his holiday if we go at peak times because it's going to be too busy.

“A lot of people think it should be one rule for all, but they don't have children with disabilities.

“You don't see the implications of taking him to busy places. He can end up hurting himself or possibly others if it gets too much.”

Those with autism can experience a sensory overload. This can be triggered by an unexpected loud noise or can build up over time.

Paul said: “If we're in a big crowd, it gets to the point where he covers his ears because it's too much for him.

“He then starts stimming and will jump up and down or hit himself in the head.”

A spokeswoman for the school said that they would not comment on individual circumstances.

However, families are informed if a holiday is unauthorised and warned they will risk a penalty notice.

Paul and his wife Tara had paid for an 11-day trip to a holiday complex in Turkey between September 30 and October 11.

Due to it being out of season and during term time, many of the facilities were empty and the hotel was quiet.

According to the Department of Education (DfE), children are allowed out of school for only “exceptional circumstances”.

It is up to Kent County Council (KCC) to decide when to issue fines, but schools can also evaluate each individual case.

They are required to consider a fine when a child has missed five or more days for unauthorised reasons.

A spokeswoman for Lynsted and Norton Primary said: “We are completely committed to working with families to maximise attendance at school.

“Attendance is vital if pupils are to be safe, secure and achieving.

“We also have to intervene in the case of unauthorised absence because attendance to school is so important for children's prospects and lives, alongside most other schools, the school will work with the local authority to fine for unauthorised leave taken during term time.

“We appreciate the importance of family time and understand that every family's circumstances are unique.

“We work with our families to ensure that the 165 days pupils are not at school are as useful as possible.

“The DfE guidelines support the school in expecting us to uphold the importance of regular school attendance for all students.

“It is our responsibility to maintain these standards to ensure that every child receives the educational opportunities they deserve.

“We take this responsibility very seriously, and so our approach involves evaluating each situation on a case-by-case basis while adhering to established policies.

“Our goal is to work collaboratively with parents to find solutions that best support our students while complying with legal obligations.

“We will be looking at our term dates in the future, to offer families an opportunity for a quieter time period, to demonstrate our commitment to inclusion.”

Paul and Tara have since set up a petition as they feel that there is a lack of government understanding.

The dad-of-two believes those who have disabled children should be able to take them, along with their able-bodied siblings, on holiday once a year during term time.

If you would like to sign, please click here.

A KCC spokesman said: “Headteachers must decide whether to authorise a parent’s request for term time leave of absence for their child based on the circumstances at the time.

“The DfE is clear that term time leave for leisure and recreational purposes would not generally be deemed as exceptional circumstances; a view endorsed by KCC.

“While KCC recognises that any form of legal intervention in any circumstances should always be a last resort when all supportive options and alternatives have been fully considered, we will support school leaders who take a robust line on the risk to children's education arising from missing regular school attendance.

“We will therefore issue penalty notices in line with our code of conduct when justifiable requests are made to do so by school leaders.”