For me this is the issue. The whole thing about fines was presumably brought in as an attempt to deal with kids that are never in, trying to force people who aren't remotely arsed about their kid's education to at least make some effort to get them into school. But like lots of things that end up being judged in OFSTED reports, it ends up being a quantitative box ticking exercise rather than anything truly qualitative. So yes, it's probably much easier for a school to deal with several parents whose kids have 95% attendance and take their kids away for a week than it is to deal with one grim **** who doesn't give a shit about their kid's education and whose kid is only in 50% of the time. So that's what happens and genuine attendance problems are probably still not dealt with any better than they ever were. Plus the idea that a court can rule that 90% attendance isn't "regular attendance" is fucking laughable, I think the whole thing has been a stitch up tbh.
Whilst I agree with most of your post i don't believe 90% is a regular attendance, in fact, statistics show that students with an attendance of less than 95% underachieve compared to similar students with a higher attendance. An attendance of 90% is a day off per fortnight and that is too high.
However what needs to be looked into is the pattern of attendance. a serious bout of illness is not in the same league as regular odd days off here there and everywhere. You can't help getting the measles or breaking your leg so leniency should prevail.
I have known kids who haven't darkened the school gates for whole years, never mind 50%!
Their parents are taken to court and a lenient magistrate will listen to the 'bullying' sob story and tell them to try to improve their attendance, so they go in for a few days and then are off full time again
Holidays though are a fixed penalty fine introduced by the Labour government as they fixated more and more on attendance figures, as it was an easy soundbite to say we've improved attendance, it was only later that it became an absolute stick to beat up schools with by both the LAs and OFSTED. Because it's a fixed penalty you have very little right of appeal and it's used like a tax by the LA. Unfortunately schools don't get the money.
Personally I believe families should be allowed time together, whether it's in the Louvre on on a beach in Benidorm, it's the middle class snobbery coming out when posters mention that. But I would draw a line if the student had an attendance less than 95%