A city banker handed a penalty fine for taking his children out of school for a memorial service will fight the case in court.
James Haymore, of Chelmsford, took Toby, 11, Brayden, eight, and Ellie, five, out of Chancellor Park Primary School in Chelmer Village to travel to California in the spring term.
They were reportedly attending a memorial service for his wife Dana's grandfather.
The Sunday Times today (June 29) report that, regardless, the JP Morgan banker was summonsed to Colchester Magistrates' Court for refusing to pay the £120 penalty.
Speaking to the national newspaper he said he believed his human rights had been breached.
Education secretary Michael Gove tightened the rules on school absences last September, while Essex County Council sent letters to headteachers reminding them absences could not be authorised unless in exceptional circumstances.
The story echoes some similarities with the case of single mother Lynn Black, of Chelmsford, who planned to accept a penalty fine to take her daughter out of Newlands Spring Primary School next month.
'There's a question here as to whether Michael Gove's judgment about when all children should always take holidays is better than a family's judgment," Mr Haymore reportedly told the Sunday Times.
'We are good people. I've never even been to court before. I just hope our speaking out and challenging the system will help to change it."
John Hemming, a Liberal Democrat MP who has fought to open up the family courts, is apparently advising the family.
He said the challenge was "the test case we have been waiting for and we are very hopeful of winning."
Mr Haymore is expected to appear in court next month.
