A dad whose ex-wife took their daughter out of school for a holiday has been fined for failing to ensure she attended classes – despite losing custody nine years ago.

Mark Scannell, 43, could be charged up to £1,000 after Aiesha, 10, was taken on a three-week trip to Australia during term-time.

He divorced her mother in 2001 and only sees Aiesha once during the week and on weekends.

But his local council ruled that he was ''equally responsible" for her extended absence from Mead Vale Primary School in Weston-super-Mare.

Officials at North Somerset Council slapped him with a £50 charge and warned that he could be fined £1,000 if he failed to pay within 28 days.

Mark, a company director, blasted the council for penalising him over something ''totally out of my hands".

He has refused to pay the ''blatant tax", and has vowed to fight the decision "tooth and nail".

Mark, who lives in Worle, Somerset, said: ''This is the most incredible, most illogical, most stupid thing I've ever heard of."

''I just can't believe that I'm being prosecuted for a holiday that was totally out of my hands."

Mark divorced Aiesha's mum Kelly Hember, now 31, in 2001. They drew up informal visiting rights, which allow Mark to visit her on Wednesday evenings, and every weekend.

Mark, who has since remarried and has a two-year-old daughter, said the system has worked "perfectly" ever since.

But at the end of last month, he received a warning letter and fine from North Somerset Council about Aiesha's absence from school.

The £50 penalty notice was issued to both Kelly and Mark because Aiesha was taken out of school without prior permission.

Mark said Kelly has already paid the £50 fine, but he vows to fight it and will submit his arguments to the council in writing next week.