It comes after the high court ruled last month that Jon Platt didn’t have to pay a £120 fine to the Isle of Wight Council after taking his daughter on a trip to Florida, and that he had no case to answer.

However the council will now be able to apply to the Supreme Court for permission to appeal.

Senior judge Lord Justice Lloyd Jones, sitting in London said it raised a “point of law of general public importance”.

He added that the High Court was itself refusing permission to appeal, but that it would now be open to the Isle of Wight council to make its own application to the Supreme Court, the Daily Mail reported.

The formal refusal by the High Court allows the Supreme Court to select which cases it wishes to hear.

Platt had originally been fined £120 for taking his daughter to Florida, however magistrates decided he had no case to answer given her regular attendance at school during the rest of the year.

The Isle of Wight council took the case to the High Court and Platt won the backing of the senior judges.

Minister of State for Schools Nick Gibb has requested the council return to court to appeal against the decision, promising Department for Education (DfE) funding and legal counsel for the application if it went to the Supreme Court.

A DfE spokesman told the Daily Mail yesterday: “We continue to support the Isle of Wight Council in the process of appealing the judgement of 13 May.

"The evidence is clear that every extra day of school missed can affect a pupil’s life chances so it is essential that the ruling is clarified for both schools and parents.”