Benefit Star Scott Gavin Falls Foul Of the Law.

TV benefits star Scott Gavin, 33, appears in court for taking his four children on holiday to Spain during school term time after refusing to pay the fine

Scott Gavin was given £26,000 after appearing on a Channel 5 benefits show. The 33-year-old used the cash to set up a miniature zoo in his Merseyside home. Mr Gavin took his four children out of school to go on a family holiday to Spain.

He refused to pay the fine and has now appeared at Liverpool Magistrates Court. 

Scott Gavin (pictured) received £26,000 on a benefits television show and used the money to set up a miniature zoo. 

A television benefits star has appeared in court accused of taking his children out of school to go on holiday to Spain after refusing to pay a fine.

Scott Gavin, 33, was given £26,000 on the Great British Benefit Handout show and used the money to transform him home into a miniature zoo.

Mr Gavin, from Kirkby, Merseyside, also started his own business called Party Central Entertainments.

But the exotic animal owner took his four children out of school to PortAventura World on the Costa Daurada in Spain in June last year.    

He said three of his children, who were of compulsory school age and attended Northwood Community Primary School at the time, missed 'five days of school'.

Mr Gavin said: 'The council sent me a fine through in a letter and we went from there.

'I didn't pay the fine so then they sent follow up letters to say they were taking me to court.

'We pleaded not guilty - I am not paying the fine - so we will see how the trial goes.'

Image: Courtesy of the Liverpool Echo, Scott Gavin

Mr Gavin and his wife Leanne faced three charges in Liverpool Magistrates Court on Friday, January 26, of being a parent of a child of compulsory school age registered at a school who failed to attend regularly.

The first was over the couple's eldest son Jake who was 11 at the time and according to the charge sheet allegedly failed to attend Northwood Primary School regularly between June 5, 2017 and August 18, 2017.

Mr Gavin and his Leanne (pictured with their children) faced three charges at Liverpool Magistrates Court 

The second charge was linked to his son Robert, nine at the time, who reportedly failed to attend the school regularly between June 5, 2017 and September 22, 2017.

The final one, about his daughter Ellie Mai, five, had the same dates as the second alleged charge.

The couple pleaded not guilty to the charges and full trial date was set for March 19, 2018.

There have been several legal battles in recent years regarding term-time holiday with varying degrees of success and failure.

The exotic animal lovers (pictured) have now refused to pay a fine from the council after taking their children out of school to go to Spain.

Image: Courtesy of Channel Five, Scott Gavin & family

They seemed to come to a head when the high court ruled last April that parents cannot take their children out of school during term time.

The decision, which followed a landmark court ruling in a case between education bosses and a man who took his daughter to Disney World, left parents who take advantage of cheaper term time holiday prices angry.

The court ruled that all parents must play by the rules, regardless of whether their child has a good overall attendance record.

A Knowsley Council spokesman said: 'Knowsley's Attendance Strategy has been developed around ensuring our children and young people achieve their full potential.

'School attendance is a priority for the council and we are working with pupils, teachers and parents to ensure children attend school on time, every day.

'We know that every day away from school can make a difference to the outcomes for all our young people.

'It is our policy to issue Education Penalty Notices where there is evidence of unauthorised absences, and non-payment will result in court action.'

Q&A: THE LAW ON SCHOOL FINES AND HOW UP TO 80,000 ARE HANDED OUT  EVERY YEAR

How have the rules changed over term time holidays?

It's no secret that trips overseas soar in price during school holidays, tempting some parents to take their children away during the cheaper, term time price bracket.

However, in recent years ministers argued that missing any amount of school is detrimental to a child's education. In 2013 the Department of Education overturned guidelines dating back to 2006 that meant head teachers could grant leave of absence of up to 10 days for the purposes of a family holiday in term time in 'special circumstances'.

Parents who take their children out of school without permission during term time can incur fines of £60 per pupil, per period of absence - which rises to £120 if not paid within 21 days.

What was the impact in the change of rules?

Perhaps not surprisingly, large numbers of parents have ignored the new guidelines. But the Government and local councils have clamped down - hitting those parents who take their children away in term time on unauthorised absences with fines.

86,010 fines were issued in 2014/15 for pupil absence, either through holiday or truancy, by councils, up from 62,204 the year before and 32,512 in 2012/13.

How have parents reacted?

The school absence reforms introduced in 2013 proved controversial, with critics arguing that they have the biggest impact on those who cannot afford high travel costs during school breaks and families with parents that work shifts.

Nearly 230,000 people have signed a petition calling for the fines to be scrapped and one group of parents founded the organisation Parents Want A Say to campaign against fines, arguing that many mothers and fathers believe they are being made to feel like criminals.

What do teachers say?

The National Union of Teachers warned that going on holiday shouldn't be exclusive to the middle classes, and have said there are important cultural and social benefits to visiting new places.

Meanwhile the Local Government Association (LGA), which represents 370 councils across the country, has called for rules to be changed to give head teachers greater flexibility to allow parents to take their children on holiday during term time.

However, the National Association of Head Teachers (NAHT), have argued that term time is for learning and that families already had 175 days off school, including weekends and school holidays, to spend time together.

What is deemed an authorised absence?

Head teachers still have discretion over granting absence during term time. The NAHT guidance says an absence for the bereavement of a relative, or important religious observances could be deemed as exceptional circumstances.