Would you pay this school fine or risk it at court

If this case is as you describe and they have arranged a trip your child cannot participate in I cannot imagine them pursuing this attendance issue. If they do, counter with a disability discrimination claim. Arranging an activity your child cannot participate in and then stating its OK they can just attend school instead is not going to meet the threshold of acceptability for the Equality Act.

As another poster said, this would be a hill for me.

Your dc is being discriminated against and as such cannot attend: a reasonable adjustment could be going to do similar activities with yourself. Sitting in a classroom is not an adjustment, it feels like a punishment.

What about your other DC, won’t you face separate fines for taking them out of school in term time?

Personally I’d take the school to court for failing to provide an activity week that was inclusive to all pupils.
that’s disgraceful in this day and age.

Pay the fine. Then take them to court for disability discrimination.

Just call in and tell them he has flu.

@Coastingtohell25 I understand that you may not want to out yourself and your family, but it is relevant what your son's medical condition is. If it is something which is covered by the 2010 Equality Act then the school is potentially acting illegally in not facilitating your son's attendance.

lots of experience of this kind of discrimination but i'd need more specifics to be able to advise.

Logic and common sense seems to have left the building. Of course this child should be able to go on a holiday that week! Regardless of what the ‘rules’ are this is discrimination and just plain unfair. How mean to sit a child in another class for a week with younger kids. Honestly I think our education system is losing the plot.
On principle OP I would not pay the fine.

I'm a teacher
I think it's shit there's one child who can't attend a school trip.
I think it's lovely you've booked your child on a holiday that is similar.
It seems really shitty to have to pay a fine.

Is the trip close enough that your child can attend any of the daytime events.

The cost for an overnight NHS nurse is £400 for us with an additional charge if they have to do anything after they retire for the night. This cost is payable by the parents which we have argued against because it seems way over the top and restricts our residential trip now. We pass the charge on to parents and ensure we stick to eight students who all need a nurse just in case and add £50 to the cost.

Christ, lots of posters here who didn't read the OP properly

Op, please fight this under reasonable adjustments from the equality act 2010. This is a reasonable adjustment you have made to ensure he has the same experience or as close to as his peers.

School has discretion. We were allowed to take out kids out for a holiday as we had had a family trauma and weren't fined.

Do this - I use to do similar with sports days.

YANBU. I wouldn’t want to pay the fine either.

The school have booked a trip that your child can’t go on, which is discrimination in itself. You’re doing something lovely for them, instead of making them feel left out and having to sit in a class with younger children, all week, while their mates are off having fun. It’s not like they’re missing their GCSEs is it?

I agree with your morals but I would pay the fine for ease of life

I don’t know that you’d win, but I’d fight it on principle just to get it all stated for the record and I’d possibly flag it with media as well. I would consider it discrimination. I think it’s right (for him) that you are creating an alternative experience.

That said, I took both of mine out for a 4 day city break (one to Italy and one to Spain) when they were in primary school. Only 8 sessions unauthorised absence so no fine. Absolutely no regrets. It’s years later now and they both still talk about those trips regularly. My son said his trip to Spain is literally the best thing he’s ever done.

Never said it would..but it provides context.

Like "oh he has asthma" is different to "he's got one leg and is blind" which again is different to "he needs a. 24hr nurse".

Could the 1-1 not do the days and you collect him at the end of each day? That is assuming it’s relatively local. This is quite common in schools. Then he gets to do the day activities and you do your usual night care for him? Nobody misses out?

Regarding the fine, it seems unfair if he cannot attend on medical grounds but I think you would lose an appeal as it’s an educational visit. Surely the fine is still way cheaper than the cost of going to your destination in school holidays?

Either way, I feel for you. The money generated from fines goes back into the system as far as I’m aware. I would imagine the admin of the system costs a bit. I hope whatever the outcome your DC enjoys his break.

The fact that he won't be receiving a quality education that week plus he is being discriminated against