Would you pay this school fine or risk it at court

How did you get on? I wouldn't have paid.

I would claim he is off sick- self certify. Lots of bugs around.

Normally I am 100% behind fines for absences, but in this specific case it's just extremely unfair. He's not missing lessons he'd have to catch up on, because the rest of the class aren't having any.
Schools are actually allowed to make exceptions, so I would write to them very formally and cc the governors, setting out the fact that the school have made no accommodation for him to go on the trip that everyone else is going on, and the reasons why he cannot go without them (nurse etc) and request their reason for refusing to allow an exception for absence in this case. Also request that they set out what educational activities the children on the residential will be doing, and how that relates to the educational activities that your son will be receiving in the school setting, in comparison with the activities that you have booked for him privately at your own expense. Try not to say holiday - you're basically replicating the residential to the best of your ability so your son can have a similar experience to his classmates' trip.
If they refuse to engage or give you a reasonable reason for refusing the exception, you will at least look like the reasonable party if you do go to court.
The government guidance says "A holiday is generally not considered an exceptional circumstance. You cannot usually take your child away during term time."
It is not banned outright. Definitely make some noise about this among the other parents, and the parent governors - it is very unkind.

I absolutely agree.

The best case scenario is he is supported to attend the school trip by an appropriate health professional, but next best is a family trip with similar experiences.

Can't believe the awful people here telling you to send your poor son into school on his own

Enjoy the holiday and fuck the fine, pay if you don't want the hassle but it seems to be blatant discrimination to me

@Coastingtohell25 have you thought about what you are going to do? The overwhelming feeling here is that the school are wrong on so many levels for not making reasonable adjustments for your child to attend the residential.

Have you any thoughts on pursuing this?

May I ask, how does your child feel about not being able to go?

I am so cross on your behalf. I feel that many on this thread are too.

OP's son has a life limiting condition so it should definitely qualify as exceptional circumstances.

It sounds likely that your DCs condition would amount to a disability. The school may have failed to make reasonable adjustments by having the trip 4 hours away, so your DC can't attend with you. It has also failed to make reasonable adjustments to it's attendance policy to take into account the fact that your DC is missing out on something all of their peers are doing and would be the only child in their year going to school with no proper learning . That's probably another kind of discrimination too (disability or indirect)

If I was you, I would be writing to the school (or LA? I'm not sure who has issued the fine sorry) and saying if they insist on fining you, you will make a claim for disability discrimination to the SEND Tribunal.

https://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability

They do in specific one of a kind circumstances. Last year we went to a wedding abroad, originally scheduled during school holidays, brought forwards into termtime due to grooms mum only having weeks to live. My girls were flower girls. The head authorised them 2 days as both had 100% attendance otherwise.
Head has also authorised trips for children where a siblings or parent is terminally ill, to enable them to make memories. Criteria is very tight (as it should be) but it's not always a no.

Yeah, that's exactly the same as a disabled kid not being able to join in. Identical.

As far as a court is concerned, it's open and shut. He has mitigating circumstances but the law isn't flexible. I'd personally just call him in sick for the week. Yes it'll be obvious but can they PROVE you're lying? Doesn't matter what they think, even if its obvious as fuck, as long as you make sure it can't be proven.

Of course it's a biggie. He's been excluded from his actual class' residential because he's disabled.

Have you ever met a child? Of course it would be a 'biggie'.

It's not the school, it is the LA. School have advised everyone they have no options for "discretion", they just don't anymore, the rules they are held to are too strict with zero leniency at all. Reading between the lines it sounds like they're saying "he can't be on holiday during school time and we obviously can't advise you to call him in sick but maybe do that" 🤔

I wouldn't pay it. If it goes to court, I'd contact local newspaper. But I think you could make a very good and reasonable appeal for not paying. It's like a parking fine, quite often they will revoke it if you make a decent case.

I remember my school's residential and my friend was the only one whose parents couldn't afford it. She was made to sit in the younger children's classes all week and found it humiliating.

@Coastingtohell25 how much is the fine? It is absolutely appalling that schools do this. I don’t think you should have to pay it either but sometimes it’s best to look after yourself and not cause yourself the stress.

Sorry, when I wrote earlier of raising a formal complaint before they have time to prosecute, I was called away and did not finish. Other peole have said some of it. Don't roll over and pay the fine, but don't wait to argue it in court because it is an open-and-shut case: is the child registered in a school? Did you take said child on holiday instead of ensuring their attendance? Boom boom. No room for arguments or mitigation.
Pre-empt the issue by throwing the ball into their court before they can get as far as issuing a summons, in all the ways that have been suggested here. I used to do a lot of this support when home education was under attack in the same way.

^ This, exactly. Normally I'm pretty tough about parents choosing to skip school for a cheaper holiday. But on this occasion I think the OP and her DC have been treated with the kind of one-size fits all gross insensitivity that we are seeing more of in the UK.

Yeh. This is what I meant

Only because he's been excluded from that activity.

I wouldn't pay it.

Can't you just say he's got flu for a week? Do they really question it? I don't really understand how it all works. Why don't people just lie?

His teacher might be going or may not. In a primary school kids often join other classes in situations like this. It’s really no biggie. There will be other classes and teachers he can join. 🙄

Where will his teacher be?

Just because his class is going on the trip is doesn’t mean he won’t be taught, the kids in his class don’t teach him! The teachers do!
aside from that, you’ll only get a fine with 10 sessions absent. If you call in sick on Monday then that takes two sessions out so you won’t get a fine. Or put him in Monday morning and pick him up for an appointment at lunch time. Winner winner.