A MUM fined for taking her child out of school for a holiday has branded the council’s decision to prosecute her as "ridiculous".

Natasha Hesketh and her partner Mark Stewart believe Blackburn Magistrates' Court's decision was "flawed" and are considering appealing to the High Court.

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Miss Hesketh, 28, from Clarence Street in Darwen, was found guilty of failing to ensure her six-year-old son Matthew’s attendance at St Edwards RC Primary School was "regular" after taking him on a six-day holiday to Salou in Spain in September.

She was issued with a £60 fine by Blackburn with Darwen council which she contested herself on Monday.

Miss Hesketh, a bookmaker's assistant, was fined £75 and ordered to pay a £20 victim surcharge and £250 towards the prosecution costs.

She said: “This prosecution and fine was ridiculous.

“All we did was take our child on a holiday in the sun which we could not have afforded in the school holidays.

“Parents, not the council, should take the decisions about their children.

“A holiday in Spain with his parents is part of his education.

“I am very angry, upset and disappointed.”

She and Mr Stewart took advice from Jonathan Platt, currently in the midst of a legal battle with the Isle of Wight Council over taking his children out of school for a family holiday.

Having successfully fought one prosecution by arguing that his six-year-old daughter Wendy’s unauthorised absence did not mean she failed to attend school on a regular basis, he is now contesting a second fine.

Mr Stewart, a 43 year-old painter and decorator, said: “The council prosecuted us under the wrong clause of the Education Act about ‘regular attendance’ not about knowingly keeping our son off the school.

“This deprived us of legal aid and the right to trial by jury.

“I am aggrieved we were prosecuted, angry we were fined and aggrieved at the way in which we were prosecuted.

“We are awaiting Mr Platt’s High Court case in May before we decide whether to appeal the conviction.”

A Blackburn with Darwen Council spokesman said: “The Council and its schools follow government guidelines which set out how to encourage good attendance and minimise unauthorised absences.

“The guidance states that headteachers are only allowed to grant pupils leave of absence in exceptional circumstances and that leave is unlikely to be granted for the purposes of a family holiday. Parents must also seek permission in advance.”