THE Mayor of Waltham Forest and his wife have been prosecuted for taking their child out of school during term time.

But Liaquat Ali, the Labour member for High Street ward, had no idea he was being taken to court by his own council until he was told by the Guardian this week.

Neither Mr Ali or his wife Zailnab attended the hearing on Monday afternoon, when magistrates ordered they must pay £200 each plus a total of £50 costs, for taking their daughter, 14, on a pilgrimage.

He called the judgement a "misunderstanding", adding: "I didn't know anything about it to be honest. Nobody sent us a letter or a summons to the court. I was really surprised when they spoke to me and told me I'd been fined.

"In exceptional circumstances, I took my child out of school in order to make a trip abroad with the entire family. I'm sure most parents will understand that it was not an option for us to leave her behind. I do, however, apologise for this decision and wish to make it clear that I would not condone this behaviour in normal circumstances."

Cllr Ali, of Carisbrooke Road in Walthamstow, took his daughter out of school for 12 days when his family went on the Hajj pilgrimage to Mecca, Saudi Arabia, last December.

His other four children have left school.

But he added: "It was sorted out beforehand, although we were a couple of days late getting back."

The council's policy on holidays specifically excludes pilgrimages as "avoidable absences".

Other time off for religious matters is limited to a maximum of three days, but at the discretion of the school.

Under the Education Act, parents who take their children out of school without permission face a £50 fine from the school to be paid within 28 days but after 28 days the fine rises to £100, to be paid within 42 days.

However, if the fine is not paid, the council's education welfare service must either prosecute or withdraw it.

A child may also lose his or her school place if they are away for more than ten days.

A council spokesman said the council did not condone removing young people unnecessarily from education during term time.

He added: "This disrupts their learning and may lead to young people missing vital lessons and the council will seek to punish those responsible regardless of status or position within the local community."

The Hajj is the largest annual pilgrimage in the world, attracting an estimated two million pilgrims every year.

Muslims must complete it at least once in their lifetime, as long as they are physically and economically able to do so.