Council tries to GAG parents who want to speak out after ordering them to pay £1,600 for taking their children on termtime holiday

  • Isle of Wight Council wanted a gagging order after they lost court case 
  • They wanted to punish Michael and Charlotte Lewis for termtime holiday 
  • Couple had taken their children on a holiday during school time to Egypt 
  • But the Lewises, who represented themselves, fought the order and won

By Matt Hunter For Mailonline

Published: | Updated:

A couple have defeated a council which tried to gag them when they challenged a termtime holiday fine. 

Isle of Wight Council wanted a gagging order to prevent publication of Michael and Charlotte Lewis's case. 

A court had imposed the restrictions to stop their two teenage children from being identified during the case after the family took them out of school for a holiday to Egypt. 

Isle of Wight Council wanted a gagging order to prevent publication of Michael and Charlotte Lewis's case (couple pictured)

Isle of Wight Council wanted a gagging order to prevent publication of Michael and Charlotte Lewis's case (couple pictured)

Michael said he was going on a celebratory lunch with his wife after the court case victory 

Michael said he was going on a celebratory lunch with his wife after the court case victory 

And when the case was 'set aside' - meaning the verdict in the original trial no longer stands - council chiefs requested that the order continue. 

But the couple, who argued it was in the public's interest to know, have successfully applied to have the gagging order lifted. 

Mr Lewis said he was 'absolutely delighted' by the result after he claimed he represented the family against the council's 'top lawyer'. 

Speaking to The Sunday Times, Mr Lewis said: 'This is a matter of public interest for families in the Isle of Wight and more widely in the UK. The case forms part of an ongoing debate on a topic of public importance.'

'I would urge other families who find themselves in this position to try to ensure they can speak out.'

Isle of Wight Council began legal proceedings after the couple took their children, Cameron and Isabelle, on the African trip during termtime.

The Lewises argued they needed a holiday during the off-season because one of their children is autistic and doesn't like crowds.

But after returning home and moving house they discovered they had been convicted and were due to pay £1,600 in legal fees and fines.

Mr Lewis said he was 'absolutely delighted' by the result after he represented he family against the council's 'top lawyer'

Mr Lewis said he was 'absolutely delighted' by the result after he represented he family against the council's 'top lawyer'

Jon Platt also took on Isle of Wight Council (pictured) in a landmark school holiday case earlier this year

Jon Platt also took on Isle of Wight Council (pictured) in a landmark school holiday case earlier this year

The couple fought and had the conviction 'set aside' but the reporting restrictions were still due to be in place until this weekend.

A spokesman for Isle of Wight Council told MailOnline he 'could not comment' on the case as he was 'not familiar' with the details. 

But he issued a statement on Friday's hearing where the reporting restrictions were lifted. 

It read: 'The council did not formally oppose, or consent to, the application made to the magistrates’ court on Friday in relation to reporting restrictions.

'It had representation at court to make appropriate submissions to ensure that the court was aware of all the relevant background.'

Their case follows that of Jon Platt who took his daughter out of class for a holiday to Disney World in Florida. 

He also faced Isle of Wight council which had taken him to court after he failed to pay a fine in a landmark case.

Since then the government's ban on parents taking children out of school during termtime has been in disarray. 

In the weeks after the Platt ruling, 10 councils have dropped pending prosecutions. Six authorities have stopped issuing fines and 12 are reviewing their policies. 

A petition, signed by nearly 200,000 people, will be debated in the Commons tomorrow which calls for the government to life the holiday ban. 

Isle of Wight Council is set to go to the Supreme Court to appeal against the Platt ruling.   

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