A mother last night said she feared being sent to jail after becoming the first parent in the North-East to be prosecuted for taking a child on holiday during school time.

Mandy Hopwood, of Dalton Crescent, Shildon, County Durham, asked teachers at Timothy Hackworth Primary School for permission to take her six-year-old son, Brad, to Disneyland Paris for five days.

But when they refused, the mother-of-two decided to take him and his brother anyway because she could not have afforded the £1,800 holiday outside of term time when prices were considerably higher.

She also said she was unable to get any other time off work.

Mrs Hopwood is being prosecuted by Durham County Council for failing to ensure her son regularly attended school.

Education bosses say they discourage parents from taking children out of school during term time - and they will not hesitate to launch further prosecutions against those who flout the law.

Mrs Hopwood is charged with "being the parent of a child of compulsory school age, Brad Hopwood, she failed to ensure regular attendance at the school which he was registered between September 21 2005 and May 26 2006."

She did not enter a plea at Bishop Auckland Magistrates Court yesterday and her case was adjourned until March 1.

Mrs Hopwood, 32, who works with adults with learning disabilities, said her son has only had the occasional day off in the past.

Mrs Hopwood said that, in September 2005, it had been important to her to take her sons to Disneyland because her eldest, Ryan, 13, had undergone three operations for a heart defect and had just been told he could travel by plane for the first time.

She said last night: "I turned up at court expecting to get a warning or a fine, but when I spoke to my solicitor he said I could be facing a jail sentence. I cannot believe it. It's ridiculous, but frightening."

She added: "I've heard of parents keeping their children off for months and getting sent to jail, but I only kept Brad off for five days.

"His attendance is just like every other child. He's been off for the odd day with coughs, cold and toothache, but it has only been the occasional day or two.

"I wrote the school a letter asking permission to take Brad on holiday and they refused. But I wasn't sure whether I could get a refund and it's much more expensive in the summer holidays or half-term.

"Brad went straight back to school afterwards and I thought nothing of it. The first thing I heard about the court case was a letter in the post two weeks ago."

Mrs Hopwood is married to Malcolm, 43, who is in the roofing business.

She added: "I totally agree with the law prosecuting parents who allow their children to play truant time and time again, but what is happening to us is wrong."

Durham County Council head of access and inclusion Maureen Clare said: "We try to discourage parents from taking their children out of school for holidays during term time. Children have just one opportunity to get the best out of their education so it is vitally important they don't miss large parts of the term because they are on holiday.

"Parents need to understand that it is not their decision to authorise absence from school.

"We have issued a number of fixed penalty notices where parents are deciding to ignore the decisions of schools, and while we would prefer to work with families to resolve the matter, we will not hesitate to take court action."

---------------------------------------------------------

Guidelines warn parents of possible prosecution over children's absence

Under new guidelines which came into force in September 2006, any parent who takes their child on holiday in term time without permission can be prosecuted.

Government guidelines state that parents should not normally take pupils on holidays in term time and must apply for the leave in advance of taking it.

Each request for holiday absence will then be considered individually, taking account of the age of the child, the time of year proposed for the trip, the nature of it, the overall attendance pattern of the pupil and the child's stage of education and progress.

Schools are advised to invite parents into school to discuss any proposed holiday in term-time. If a parent is found to have taken a child away from school without good reason, they could face up to three months in prison, although many cases are dealt with by means of a fine - which stretch to £2,500.

Another option is to impose a Parenting Order, which parents have to attend counselling or guidance sessions which deal with looking after their child.

In the North-East, Northumberland County Council warns parents that if their child is away from school for three days without reason, they could face prosecution.

Similar rules apply in Newcastle and Gateshead councils, who spell out the risks parents face if their child is away from school.

The law also governs truancy, and explains that if any child takes unauthorised leave from school without good reason, their parents will face legal repercussions.