Would you pay this school fine or risk it at court

I might be wrong but under disability legislation aren’t the school under a legal obligation to make reasonable adjustments so he can take part? So they’re in breach of that? So if they take you to court you can also take them to court?

If the school don't want to facilitate the child going on the trip, what's the OP supposed to do?

Totally shit on behalf of the school but not worth the risk of going to court.

I'd call him in sick for the week. Hopefully the school won't be such bastards as to fine you given the circumstances. But if they do, I'd pay.

This..same in NI..its sooo bizarre and unnecessary. Particularly in this situation. And the fact that most people think you are being unreasonable?!

I can see your point, OP. It feels like discrimination that it wasn’t possibly for only your DC not to be able to go on the trip. So I can see why you’ve booked your own trip.
But you wouldn’t win, so just pay the fine and enjoy your week away.

Because the child CANNOT go on the arranged trip. This is not a choice by the parent.

I'm a full on believer in your child should be in school when it is open, and not on a jolly in Spain, but this case is very different.

I would say to the school "either you take him away (and pay for it) or i do. He is not missing out"

Well.. he could just be poorly? We can’t predict the future now, can we…x

Who is teaching the child if the teachers are away on a trip with the class?

Does he just get crammed in another class with older or younger kids doing different stuff?

What work will he actually be doing?

He can't really be taught stuff the class would as a whole week long private lesson just to himself, and then be expected to redo the whole thing again unnecessarily and they won't hire a stand in teacher just to do that. plus why would he sit the same lessons twice.

Lets face it it is not going to be lessons hes missing and he will just be expected to sit and do nothing of the curriculum really. Probably given some woefully pathetic likely non relevant extra curricular homework sheet or told to read a book with no actual guidance for a week at the back of another class which is not appropriate schooling.

People have actually won, so everyone saying you won't win is wrong. Parents of disabled children actually have protections under the disabilities act and equality act which would especially apply under circumstances like this.

I would totally go and enjoy your own trip, but would avoid any conversation with the school trying to justify it.

Call in sick! it maybe obvious why your DC is not in school, but I am sure that the school equally feel for your dilemma but their hands are tied if you ask for permission. I would hope they would just let it slide, and be grateful for the opportunitiesfor DC, if you call in sick

Mine can't go to their residential for a similar reason and was allowed to have the time off, we're taking them somewhere else. School should look at this one differently, did you challenge them and not making it possible for your child to go? Isn't it discriminatory?

You can't be strong and wrong. Pay the fine.
Why didn't YOU make it more possible for them to go on the trip? You clearly had time to go away yourself?

They can only fine you if you miss 10 sessions (5 days) in 10 week rolling period.
if it’s a uk holiday, send your child in to wave they goodbye and get the Monday am mark. Take him out at lunch, and you have then only missed 9 sessions.
So you won’t be liable for any fine.

Let the school know that you will pay the fine and you will open a case against them for disability discrimination for not attempting to include your child on the trip. Tell them that you will not pursue that case if they work with you to ensure your child's experience is as close as possible to what their classmates are doing, you will commit to creating a photodiary of evidence that the educational impact was similar to satisfy the requirement that the school must be providing supervision/oversight, and they mark your child as "educated elswhere" (code B) on the register rather than unauthorised absence. If they don't do that, unleash everything that you can on them for discrimination. Leaving a child out like that is cruel.

I would be taking my child out of school and taking them on a family trip assuming you have adequate evidence that the school is unable to accommodate child in the trip due to their disability. If they fine you for no attendance take it to court as disability discrimination for him not be allowed to go on trip in first place

I would let the school know that if they pursue a fine then I would pursue a complaint of disability discrimination for not making the trip accessible.
I’m sorry for your DC having to miss out on this opportunity with his peers. I’m glad you’re making it up for him.
I have a DC in similar circumstances and we have taken him out on holiday and although the school said they wouldn’t authorise the absence, they also said they wouldn’t pursue a fine, because they understood.

Sorry I can't add anything of any use as I'm not up on my educational law but I really hope you don't have to pay any fine. It seems ridiculous when your child can't go on the trip. A similar trip with the family will be a thousand times better for your kid than being the only kid in the year group in school that week... Feeling left out.

Yes I know it's the local authority not the school who impose the fines and rules, but surely the school doesn't HAVE to report the absence as unauthorized, especially in this particular circumstance....

One of my kids had very bad anxiety for various reasons...and really didn't want to go on their residential. The alternative was to attend school in the year group below. She didn't know anyone in that year and would have been the only one not going. That made her anxious too. In the end I made her go and I regret that to this day. She returned home in a shocking state. She learnt nothing, other than she was right to be anxious about it and she vowed never to do anything like it ever again.

In hindsight life is too short, I wish we had done the same.. fine or no fine!

Whilst every other non disabled child was on a holiday dressed up as a school trip, yes that’s totally fair and non soul destroying fir the poor child

Please tell me you have it in writing that they've said they can't/won't accommodate your dc. And that you wrote/emailed suggesting if it was close you could pick-up/collect...

I possibly think that asking for a night nurse to be provided would be prohibitively expensive wherever the trip was, therefore NOT a REASONABLE adjustment. Them arranging a trip more close by so that you can collect IS a REASONABLE adjustment which they have refused.

If you have documented evidence it could be a clear case of disability discrimination.

Would I risk court? I dunno. I WOULD be making a formal complaint to the governors and escalating to the LEA though, with a threat that you're seeking advice about disability discrimination and contacting the press...

Morally completely agree that you are right and it’s ridiculous to consider fining you. It does sound like to the letter of the law this might not fly and might be very stressful and cost you more money.

I think this needs intercepting BEFORE any fine is issued. I know they said no exceptions but this is really quite the exception. I actually would start with going to the head and explaining that no effort was made to make it possible for your child to attend. They offered for you to come for the day but the trip is 4 hours away and you are a single parent with other children. Your child is already missing out and yes school is open but he’d be being babysat in another class. You can replicate as best you can the learning the other children would be having, this is absolutely an exception and please could they make an exception and not subject you to fines. Please could the head think like a human and allow this to go through as authorised absence and save the headache of you pursuing it officially.

Are your other children school age? That might be the sticking point…

If OP says she's happy for DC to attend trip if the school can facilitate adjustments necessary right up until the time of the trip. Then that's on the school if they say no when it comes to the time to go.

My son isn't able to attend his residential due to medical reasons too. We've booked a holiday and he's going to be ill, I don't care how obvious it may look to be honest.

He's missed out on so much and it isn't fair.