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Essex County Council has withdrawn a legal case against a couple for taking their child out of school during term-time for a family visit.
James and Dana Haymore pleaded not guilty to a charge of failing to ensure their child attends school when they were summoned to Colchester Magistrates' Court in July.
The family took one of their three children out of Chancellor Park Primary School in Chelmsford for a trip to America for a memorial service. The family has now emigrated to the United States.
Cllr Ray Gooding, Cabinet member for Education and Lifelong Learning at Essex County Council, said: “We have had to take a decision based on the public interest of pursuing a case where the family have emigrated and are no longer being educated in an Essex school.
A couple from Essex are fighting a test case which challenges fines imposed on parents who take their children out of school during term time.
James and Dana Haymore took their three children out of Chancellor Park Primary School in Chelmsford to attend a memorial service in America.
They've been in court in Colchester to hear that their case was being adjourned.
Click below to see our report from Hannah Pettifer
Lawyers from Liberty, representing James and Dana Haymore from Essex, who are being prosecuted for failing to ensure that their son “regularly attended school” have released a statement following the latest court hearing.
The couple, who are originally from the USA, were refused permission to take one of their children out of primary school for a family reunion in America intended to commemorate Mrs Haymore’s grandfather, who had recently died.
A test case which challenges fines imposed on parents who take their children out of school during term time has been adjourned at Colchester Magistrates' Court.
James and Dana Haymore have pleaded not guilty a charge of failing to ensure their child attends school. The family took their three children out of Chancellor Park Primary School in Chelmsford for a trip to America for a memorial service.
The case relates to one of the children who the court heard had an 87% attendance record.
The couple is claiming the prosecution is a breach of their human rights and the children's right to a family life. The case was adjourned until 10 October.
James and Dana Haymore have arrived at court in Colchester as they face prosecution for taking their three children out of school in Essex to attend a memorial service in America.
The couple are to challenge the case claiming it breaches their human rights and it could be a test case against a government clampdown on children missing school for term-time holidays.
Mr Haymore, who works for banking giant J.P. Morgan, is being prosecuted for taking his three children out of Chancellor Park Primary in Chelmsford without permission. He is expected to argue that the decision to prosecute him is a breach of the Human Rights Act and his children's right to a family life.