Would you pay this school fine or risk it at court

That's how it used to be in England, in saner times.

Schools are allowed to allow absences for exceptional circumstances. Have you actually completed an absence request form?
If you explain how your child is unable to attend the trip due to health grounds and it would do more harm than good for their mental health to be in school without their class.
Alternatively, if you are going to a site that doesn’t allow access until 4pm - send your dc to school on the Monday morning. Collect at 11am for an appointment, then they are poorly for the rest of the week. You need 10 sessions (5 days) off to be fined. They would only have 4.5.

I used to be a teacher, you actually might and it’s a small might get away without paying the fine.
Schools do have a little bit of discretion here and the fact he is being denied the ability to go because they won’t put in the appropriate plan and arrange the funding could work in your favour here.
If you have any evidence of their ‘attempt’ to help you by telling you the trip is closer, then arranging it 4 hours away, it could also work In your favour.

Im a parent now and I can completely understand why you would die on this hill and I hope you go down with a fight.
Good luck Op

Do it OP. Start a crowd funder. Am sure enough pissed off parents would donate for court costs. I will chuck you a tenner.

Regardless of which route you choose you have absolutely done the right thing to ensure your son has same opportunities.

Can u not just say hes off sick for the week

I agree with you but I very much doubt you would win in court and if you didn’t you would receive a criminal record so I would just pay the fine.

Our LA/ school have said people will only be fined if 10 sessions are missed so could you send your DC to school Monday morning, pick up after registration and then go on your holiday (they will only miss 9 sessions).

YADNBU to do what you have done and no local authority in their right mind would pursue prosecution in this situation. Surely?!?

schools and local authorities still have flexibility not to issue a fine and I’d be complaining very loudly if they have in this situation, it’s madness.

A reasonable adjustment might have been for the school to have planned a closer trip which would have been no detriment to the other children but which would have allowed your child to participate during the day. Whoever was planning the trip should have worked consideration of your child into the trip from them outset. That is the law - an anticipatory duty.

reasonable adjustments don’t have to made at all costs but a bit of imagination here could have helped your child join in ☹️

Well, they're not making it possible for him to attend the school trip, why should he have to be the only tiled excluded from the trip?

@Coastingtohell25

Personally, I'd go to court, to have my say about their lack of inclusivity if nothing else. Is it not bad enough they didn't do what was necessary to include him, then when you offer a completely reasonable alternative for him, they want to fine you because you didn't think him sitting in a younger class all week beneficial.

surely the courts won't find the School's behaviour acceptable??

FMD

Given the blatant disability discrimination, I would be tempted to fight this.

I would give the school a choice, drop the fine or deal with my litigation. I have no problem hiring a solicitor if my child faces discrimination. Generally just a stern conversation, the fact that they know I understand my child’s rights, and have the intellectual and financial resources to fight for them is enough, so it has not come to that yet.

A child was denied attending a school activity because of medical issues. That is blatant discrimination. The parent then decided not to make the child suffer by sitting alone at school while the other children enjoyed an activity. Attending school would have exacerbated the discrimination. Your actions were designed to mitigate the damage done by the school. You might have to pay the fine, but the
school is going to have much bigger problems.

I generally think the NI education system is good and fair. I am glad I didn’t stay in England for schooling for my children. You could be as poor as a mouse and do well at school. You don’t have to move your family of four to a one bed flat within 0.7 miles of an excellent school. We have very few fee paying schools. There are schools in deprived areas which are excellent. We have no teacher shortages. It’s actually hard for a teacher to get a permanent post. We still have humanity/common sense and see the people instead of rules on attendance. We out perform England and Wales for GCSE and A-level results.

Is it possible to have the absence as just 8 or 9 sessions so as to avoid the fine?

from a completely logical point of view I feel that you are in the right, and that what you are doing is best for your son given the circumstances. However whatever is easiest for you going forawrds from this point I would recommend. If paying the fine is possible and just putting it behind you then just do it. If you have the energy to go to court, then go for it.
i’m so sorry that you are even having to think/ cope with this

It is absolutely not fair on your child. They can’t meet their medical needs on their trip. Your child is missing no education as the rest of the class is not in school. The head teacher is crazy for pushing this. In primary school my kids had good attendance but they would have missed the odd day here and there, i would have been honest as to why they were not in. Took oldest child to London to see a show and missed the Friday and Monday and told the truth. Head teacher asked me to just say they were sick in future. Nearing GCSE’s I texted school every day for near two weeks to say child was sick. They should be in school to study but why waste 2 hours travelling there and back when you can study at home they got 5 A*and 5 A’s in their GCSES. Have another child who I would not permit to miss an hour of school as they are not as disciplined. I am shocked at the amount of people saying it is ok for your child to sit in school for a week when all their friends are on a jolly🥲

I'm in a similar position and I'll be saying that my son is ill. If they make a fuss about it then I'll be prepared to go to court over it, especially due to the fact that it would be discriminating against his disabilities.

I'm sorry you missed your school trip, these days I'm pretty sure they help families who wouldn't be able to afford it otherwise.

@Kirbert2 she did the right thing taking him away. i am not disagreeing with her choice.

My parents couldn't afford it. The op could fight the fine in court she may win due to her son's disabilities. She would need to get advice first before making that decision. She will be attending the magistrates court and could potentially pay more and get a criminal record. She may be put on a parenting order. I don't know if it's worth the fight.

I think booking yourself and taking him away with his brother's or sisters is a great idea. In a fair and kind world school wouldn't fine you. I'm not sure what I would do but I think I would expect them to waive any fine given the circumstances. If they fined me I would probably pay because I wouldn't want to go to court but I would still think I had done the right thing in taking my child away.

In writing?

Couldn't you go due to a disability like OP's child or was it something else?

It really doesn’t matter what your opinion is. Not being harsh, but it’s true. The LA will make you pay it. School is open, child should be at school. It’s that simple.

I have never known anyone to get out of paying.

I couldn't go on a school trip and I still attended school it didn't hurt me going in. There was no fines back then I went to school in the 90's. Suck it up and pay the fine times have changed. I don't blame you for taking him away on holiday.

FOR ALL THE THICKOS WHO CAN'T COMPREHEND THE OP: SHE HAS TRIED TO FACILITATE HER SON GOING ON THE TRIP. HE CAN'T BECAUSE HE NEEDS OVERNIGHT NURSING CARE BUT HE CAN GO ON HOLIDAY WITH HER BECAUSE PRESUMABLY SHE DOES HIS CARE ALREADY. SHE CAN'T GO WITH HIM BACAUSE SHE HAS YOUNGER CHILDREN WHO DON'T NEED TO GO TO SCHOOL AND SHE'S A SINGLE PARENT. SHE CAN'T TAKE HIM EVERY DAY BECAUSE IT'S 4 HOURS AWAY.
SO CAN WE PLEASE STOP WITH THE ARSEY QUESTIONS AND AT LEAST OFFER SUPPORT.

Schools are failing disabled, sick, SEN children so badly.
I am.so.sprry for how your child and family has been treated.

In your shoes I would absolutely be arranging our own trip. No way would I force my child into school when all.his class are out on a residential trip having fun. It is bad enough that they have been excluded by the school without rubbing the child's nose in it

In relation. To a fine. I'm not sure what I would do. I would like to think o would fight it and get it front page news but I think I would likely pay it and move on. Logic would make me feel you should win by LA are not to be trusted. And the legal system doesn't always play fair.
Fightong.tje fine would cause more stress

However, if people don't fight nothing will change

So I don't know what I would do or what you should do but what I do know is that taking your son on holiday is right and that the LA does not consider what is best for children and is wrong to fine in this instance but the law will likely be on there side

Alternatively you could phone him in sick and say his MH is being affected by not being able to go on the trip all his friends are on. Your poor DS OP. I feel very sad and cross on his behalf. I hope you all enjoy your holiday.