Mum could be getting sent to prison for my sister missing school, help!

You can reassure your mother that she isn't going to prison and she won't be fined £2,500. Those are the maximum penalties and are only used for exceptionally serious cases. There is no way your mother would get that kind of penalty based on the information in your post.

From the description you have given this is a Category 3 offence or, at worst, a Category 2 offence. If it gets to court the worst penalty your mother could get under the sentencing guidelines is a community service order but even that is very unlikely. The most likely outcome is a fine. If she pleads guilty at the first opportunity the fine is unlikely to be more than one week's income and could be less than 20% of one week's income.

You won't have to survive without your mum. She is not going to prison.

Having said all of that, your sister does need to go to school regularly. She needs to understand that, although it will only be a fine this time, if she continues to skip school your mother could eventually be sent to prison.

I am sorry to hear about the problems your family are facing

The likelihood is that this is an attempt by the school to get your DM to remove your DSis from their role. They do not want to have to deal with students who are not attending regularly because they drag down their GCSE stats. They do not want to have to deal with the problems leading to your DSis refusing school - usually bullying, mental health issues or demands from the parents to help at home.

They frighten the families by threatening a prosecution. This usually adds to the existing cocktail of problems a family has. They then suggest that the parents can avoid prison by exercising their right to home school. Most families do this. The result is that the young person then stays at home, sleeping until midday, messing around on the internet and either mixing with other drop outs or becoming increasingly socially isolated. But this does not show up as an exclusion in the schools stats so they get away with it. The young person finds it very difficult to re-engage with the education system until they are 16 plus.

If you recognise this scenario, you should be asking the school how many other students have chosen the home schooling route...and make it very clear that you will be complaining to your MP. This is happening to a lot of young people.

One day a fortnight may not sound much, but imagine just not showing up for your job one day every fortnight. Your boss would take action and rightly so.

It may not be the nice thing to do, but let your sister know how serious the situation is. Point out to her that a 3 month prison sentence will certainly result in the family home being lost ( if it's rented from local authority would they have to let you kids stay there?) even if it's not a real possibility, make her believe that with mum in prison she would be taken into care and your home would be taken away because mum is in prison and she signed the lease or pays the mortgage. Mum will lose her job and be unemployable, that would mean no more smart phone, whatever brand trainers kids 'need' , Friday night pizza or whatever other treats mean something to your sister.

I also think you need to get to the cause of why your sister hates school, maybe changing to another school would help if she is being picked on, maybe the threat of being the new girl will be enough to make her want to not change schools and hopefully she will be scared into high attendance.

I hope you get this sorted, it must be very stressful for everyone.

I remember physically pulling one of my sons from his bed. I used to have to unpry his fingers from the bed posts. No sooner had I got one undone, then the other would grab. It started when he was 12, and I was still doing it at 16.

He was bullied in school, and in turn his own behaviour got worse and worse. The schools seemed to think that it was all unrelated??

I would take him to school, and no sooner was he in the gate and my back was turned he was off again. The schools answer was frequent exclusions. Of course, he loved that!

He was eventually given a 'managed move' to another local secondary, where it all started all over again.

The bullying continued, now they were focused on his severe psoriasis. The more stressed he got, the worse it got. 'Aids victim, leper' etc etc. So he would simply walk out.

I got letters etc threatening me and in the end I lost it. I didn't see what else I could do to keep this kid in school and I ploughed in shouting, trust me, the shouting was the end of the line. I'd reasoned, and discussed tactics, and signed him in daily and nothing was working.

I recall asking WHY the bullying wasn't being dealt with so many times and in several schools. Repeatedly they would say 'We've not had a child with such a severe skin condition before'. The last time I virtually screeched 'How is it because his skin is marked by a medical condition you can do nothing, yet if he was being bullied for skin colour you have a whole written policy???'. Must have struck a chord because I then found out that most schools have a budget that allows for private tuition.

Is there anyway to find out if your sisters school can allow for this? The hours only just hit the legal 16 hours minimum but it was enough to salvage the last couple of years.

Also agree that 91% isn't that high - it's the same as missing either a whole morning or whole afternoon every week. (Or one full day a fortnight, as a PP said.)

Am I the only one who is reading this as

There was a big problem.
The school acted heavy.
The problem abated some and sister mainly went to school.
The sister got sick one day and was absent and the school played heavy?

Because I think this is a different issue altogether (but I am not sure if I am reading it correctly).

How much discussion have you had with the school about this? You've said 'a lady came out' to see your mum, but that sounds a bit like you did nothing till they contacted you. Your mum needs to be proactive and show she is also concerned and doing everything she can, even if ultimately that doesn't succeed some days. I think her first step today should be to ring the headteacher and ask to come in and see them ASAP as she really wants to work with them on this. They may be under the impression that she just isn't that bothered.

I seriously doubt anyone will want to send a parent with two dependent teenage children to prison. Nevertheless, show you're making an effort and you're more likely to avoid the consequences.

his socks and shoes were in my bag. I did have them. Just not on him.

OP. A friend of mine used to have a DD who'd do similar. What has the EWO said?

I'm sorry you're having to deal with this at such a young age.

Please do be assured that it's unlikely that they will send a parent like your Mum to prison. But the letter is a sign that there is something really seriously wrong here that needs fixing.

I am afraid that the time for you to step up to more of a role in the family is probably now. You're young to have to do this, but your Mum clearly needs help, and I don't really see who else is going to do it. Can you contact the education welfare people and arrange a sit-down meeting with your Mum and sister, where you talk about the issues around your sister's attendance? It may do your sister good as well as your Mum to understand that there are consequences to this. Good luck.

Easier said than done but try not to panic.

They are standard letters designed to scare you into paying up early.

If your Mum has been trying her best and has proof of this -this will help her case, as her Mum I'd ring the LA up and explain too.

DSs old school used to threaten me with fines regularly. (he's autistic - every day was a battle and we were constantly late - usually arriving with a boy with no socks ans shoes on and carrying him in kicking and screaming).

Told them to do what they needed to do and I'd tell the courts exactly why DS wouldn't go. Oddly they never followed through with the threat.

It was hard enough doing this with a six year old i can only imagine how hard it is to try and get a strapping teenager to school.

for your mum and you OP.

Well then your sister needs to get her arse to school.

91% sounds high but unless my maths is out it amounts to missing one day a fortnight. That's a lot when most lessons build on previous ones.

Does it tie in with particular days of the week or lessons?

Your sister not wanting to go to school is the bigger issues here. Sort that out and problem Solved.
If the school knew of a valid reason for her lack of attendance I doubt they will send the letter out and would rather have a discussion as to the best way forward.

people commenting on the 91%

Our primary sent out a letter at the end of summer term saying that from sept, unstead of waiting for 91% (I think that was the old figure) they will now start taking action when attendance falls below 95%, in an attempt to stop it falling further.

If your sister 'just won't go' then your mum is goign to face a problem.

You r mum needs to prove that she is doing everything she can to get sister to go. This could by practical, lights on, remove duvet, wet flannel, loud alarm clock, open window etc etc to force her out of bed.
Consequences she has tried eg removal of phone.
Things like, removing screens at a reasonable time so she goes to sleep.

It should also be emotional finding out root cause, is she ill, is she depressed, is she being bullied, is she over tired, is she she struggling academically

It should also include her discussions with school (and there needs to be a history of communicating with school) so she and school come up with a plan to help sister get to school. (like littlebird said)

It should include her meetings with EWO, and I don't believe there has just been one, there will be a history of meetings.

Of course if your mum isn't doing all of that, and she is just allowing sister not to get up and go, then yes, she is going to face prosecution.

Why won’t she go to school, it can’t just be a case of she simply doesn’t want to can it? What have the school done to try and help? How does you mum handle it, I mean if you sister refuses to attend school one would assume she is allowed no phone/tv/laptop etc for the day

Just becuase they sent the letter, doesn’t mean they will do it and tbh 91% attendance is hardly outrageous!

Why isn't your sister attending school? Is she being bullied? What are her reasons for not going? This is very important as it will form the basis of your defence if she is prosecuted.

Please do not panic. Worst case scenario even if your dm is prosecuted she is very unlikely to get a custodial sentence even if she is found guilty of non school attendance. I am sure the courts will do everything they can to keep her out of prison and there will be other options. This is especially the case if she hasn't got a criminal record already.

You urgently need to get to the bottom of why your sister is not going into school. I would ask for a meeting with the school, your mother and the head and ask what can be done to support your sister.

Taking her out of school to home school might be an option, but it may be a little late for that now but definitely worth exploring.

The school should be setting up a plan to support your dm to get your sister to school. They need to prove that THEY have done everything possible. So offering her half days, a mentor, counselling, reward system with vouchers for good attendance, transport etc. None of this will work if your sister is too scared to go to school. Make a record of what has been happening, your sister's reasons if they are valid and could be used to support your case.

Make sure she also isn't late, which will also add to the overall picture.

My Mum was unfortunately in this situation too, due to both mine and my brother's attendance.
Firstly, I am sure you have done this but you need to establish the reasons for your sister not attending school and rectify that. Ensure that every means of support is in place i.e EWO (as mentioned above) health care professionals (if needed), family support worker or perhaps a mentor.
Secondly, if the school does prosecute. Your Mum needs to provide evidence that she made every attempt to comply and ensure your sister attended.
It is highly unlikely your mum will be imprisoned but it is likely it will result in a fine. My Mum received a fine.
15 years later, we are well rounded human beings. However school does not fill me with fond memories and I wish I had tried harder as to go to university I had to go through a different path to get there.
I hope both your sister and Mum get the support and help they need.

First off, don't panic. It actually highly unlikely your mum would go to prison if what you've said is the extent of it. Probably the best thing would be for your mum to ring the education welfare people and say she wants to do all she can to help her get into school but is not really sure what do as obviously she doesn't want to assault her (which dragging her out of bed kicking and screaming would be!). I would also get your mum to take your sister to the GP to a) confirm that she is/had been unwell but also to see if there are underlying mental health issues e.g. anxiety. Not only will this help your sister and the school to provide the best support but it will also show your mum is trying to get support.
Finally, don't panic.

I'm no help, sorry, but I just wanted to say that that one might have to win a 'most stupid policy' award and the Head who actually sent the letter a 'biggest twunt' award.

You mum should qualify for free criminal legal aid, this is because of low income and the threat of a custodial sentence. The fine is up to £2,500 or 3 months. Seems harsh for 91% though!

Its worst case scenario - speak to the school and help your mum get sis to school

I suggest that your Mum contacts citizens advise.

when you say currently at 91% is that since September?
It can't be at 91% if "some days she just refuses to go"?