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Original poster

Has anyone gone to court over attendance fine?

88 replies

Stclements115 · 10/07/2023 10:51

Just briefly (I can add more info if anyone is interested and can offer advice) - We had to take our son out of school for 5 days due to a self employed work clash which meant we both had to be away from home and had no choice but to take him with us- we informed the school beforehand and they didn’t authorise and therefore we have both received a fine. My husband feels very strongly that he wants to contest the fine due to our unique situation. This situation is very rare for us but as self employed people (in a cost of living crisis) there are rare occurrences like this where we cannot turn down work.
Eager to hear from anyone who has declined to pay fine and gone to court in a similar situation? Thank you!

OP posts:
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TankFlyBoss · 07/09/2024 19:30

I'm an education welfare officer. assuming you are prosecuted under section 444 (1) of the education act (as opposed to section 1A), It's an absolute offence which means that the local authority as prosecutor only has to show that the child wasn't isn't school and that none of the statutory defences apply. It's like driving without insurance, if you have committed the offence you've committed the offence.

You are incredibly unlikely to win, and will be found guilty. In recent years sanctions have been significant and you will have a criminal record.

prh47bridge · 07/09/2024 19:17

School1234 · 07/09/2024 16:00

Has anyone ever received one of these letters I got sent a letter out and was going to pay it when I got payed I lost the letter so I completely forgot all about it until receiving this one I’m obviously not against paying it that wasn’t a problem but now I’ve tried looking for the other letter and it’s no where to be seen is there anything I can do so I haven’t got to go to court because I would literally struggle to pay that big fine I’m ok with paying the fine of £120 what ever it is

Ring the council and see if they are prepared to accept payment now.

Lovethatforyouhun · 07/09/2024 16:03

Maybe focus on your business and child.

School1234 · 07/09/2024 16:00

Has anyone ever received one of these letters I got sent a letter out and was going to pay it when I got payed I lost the letter so I completely forgot all about it until receiving this one I’m obviously not against paying it that wasn’t a problem but now I’ve tried looking for the other letter and it’s no where to be seen is there anything I can do so I haven’t got to go to court because I would literally struggle to pay that big fine I’m ok with paying the fine of £120 what ever it is

Penguinsa · 21/04/2024 13:40

I am so sorry Askingforafriend that's really shocking after an overdose. Maybe try the NotFineinSchool group and see if anyone has experience.

prh47bridge · 21/04/2024 09:54

Askingforafriend11 · 20/04/2024 23:09

My daughter was struggling at school but we were actively try to get her to attend - she took and overdose and was in hospital for two nights - I kept in touch with the school and even called a meeting a couple of weeks later with my child and the have fine me for the the period over this happed .. I’m so angry and in shock that they would do this. I de registered my daughter and I feel this is a direct result if that as the fine is from January - where can you fight this ?

There is no statutory appeal against these fines. You could go for judicial review, but that is expensive and, if you lose, you will have to pay the LA's legal costs as well as your own.

If they are fining you just for the time your daughter was in hospital, you should give your evidence to the LA as she was clearly unable to attend school, so that should not be recorded as an unauthorised absence, nor should it give rise to a fine. However, if it covers other days when she was able to attend school but didn't, I'm afraid you will have to pay.

Askingforafriend11 · 20/04/2024 23:09

My daughter was struggling at school but we were actively try to get her to attend - she took and overdose and was in hospital for two nights - I kept in touch with the school and even called a meeting a couple of weeks later with my child and the have fine me for the the period over this happed .. I’m so angry and in shock that they would do this. I de registered my daughter and I feel this is a direct result if that as the fine is from January - where can you fight this ?

SpringboksSocks · 14/12/2023 22:31

AP5Diva · 10/07/2023 17:18

@Levi1982
I agree you will get more if you start your own thread, but my contribution is to scrape together the £400 or so (or even credit card and pay off) to have your son privately assessed for ASD and ADHD. They are umbrella terms for such a wide swathe of ND and without an individual assessment the school will be doing trial and error, often error by not knowing his specific needs and accommodations. A private assessment will include specific accommodations recommended by the Ed. Psych for your DS’ specific subtype(s) of ASD/ADHD

I’m afraid you’ll never get a legitimate assessment for ADHD and ASD for £400.

BellaTheDarkOverlord · 14/12/2023 22:17

My dd had to take a day off school last year for her sister’s birth. She had 100% attendance apart from this one day. It was totally unpredicted her sister would be suddenly born at 29 weeks and she would have to go over an hour away to stay with non driving relatives as our organised childcare was abroad for that week. I did everything in my power to get her to school but we really had no choice. School were lovely about it though.

Pythag · 14/12/2023 22:07

As a teacher I really support the fines. It is so sad when pupils miss out on education because parents do not prioritise the learning of their child.

OrangeDeSeville · 14/12/2023 19:40

The system is broken. DC has 95% attendence rate and 2 day mid week absence for going my company offsite events (a conference for international families) resulted in 60 pound fine per parent. I could have lied as sick leave etc. The UK education system just let people know they will get penalty of being honest.

SarcasmAndCoffee · 14/12/2023 19:04

Next time just say DC is unwell

prh47bridge · 14/12/2023 19:02

Bluevelvetsofa · 14/12/2023 18:00

I believe, some years ago, someone on IOW took it to court and refused to pay the fine. He was wealthy I believe and took his children out for a holiday.

You ask if anyone has experience of contesting a fine and I think the answer is probably negative, because it’s cheaper to pay the fine than pay court fees on top of the fine.

Since you speak of the cost of living situation, it’s probably in your interests to pay the fine now and put it behind you. Although it’s a rare occurrence, it might be a good idea to consider childcare alternatives, should you find yourself in this position in the future.

The parent on the Isle of Wight is already mentioned on this thread. The case went all the way to the Supreme Court where he lost.

Bluevelvetsofa · 14/12/2023 18:00

I believe, some years ago, someone on IOW took it to court and refused to pay the fine. He was wealthy I believe and took his children out for a holiday.

You ask if anyone has experience of contesting a fine and I think the answer is probably negative, because it’s cheaper to pay the fine than pay court fees on top of the fine.

Since you speak of the cost of living situation, it’s probably in your interests to pay the fine now and put it behind you. Although it’s a rare occurrence, it might be a good idea to consider childcare alternatives, should you find yourself in this position in the future.

WheelySquirrel · 14/12/2023 15:14

@Kirrrriii Magistrates will take into account your means (there is a form specially for this) so any fine should be manageable. You will also be able to pay off any fine in instalments (you’ll be asked what you can manage - the minimum expected for e.g. someone on benefits would be £20 per month as a guide) so don’t worry about having it immediately available. However a court debt is a priority debt so you’d be expected to prioritise that over other debts. If you’re in difficulty it might be worth talking to Citizens Advice about debt management and how best to structure payments etc.

Kirrrriii · 14/12/2023 13:23

The holiday was paid for as we went with family. It wasn’t a massively expensive holiday that we spend endless money on we only spent money on food like we would have done with our weekly shopping at home anyway

nowordz · 14/12/2023 12:57

Kirrrriii · 14/12/2023 11:48

Can I ask for advice of my own please?

I have received a court order as I couldn’t afford the fine I’m currently paying £400 a month toward council tax debt so so much of our income goes to that.
I of course will be pleading guilty as I did take my son out of school for a holiday and I know there’s no point fighting the courts. What’s the amount I’ll be looking at fine wise and does it have to be paid in 1 lump sum?

thank you

Only advice I can offer you is not to go on holiday during term term, and not at all if you're in serious debt! Holidays are a luxury, not a right. What were you thinking?!

You also might also be better off starting your own thread rather than using this one.

Kirrrriii · 14/12/2023 11:48

Can I ask for advice of my own please?

I have received a court order as I couldn’t afford the fine I’m currently paying £400 a month toward council tax debt so so much of our income goes to that.
I of course will be pleading guilty as I did take my son out of school for a holiday and I know there’s no point fighting the courts. What’s the amount I’ll be looking at fine wise and does it have to be paid in 1 lump sum?

thank you

SueVineer · 10/07/2023 20:30

Frequency · 10/07/2023 19:11

I considered it. DD lost her Dad very suddenly last summer. She was alone in the house with him at the time and had to do CPR on his dead body while she waited for the paramedics.

She missed a bit of school due to grief and trauma. Her attendance was around 83%. It wasn't all in one go, rather a few days here and there, usually around a "first" occasions eg her first birthday without her dad, his birthday, father's day, the day we sold his house, etc

I was livid that the school fined us under the circumstances. I still am. I think it is utterly heartless and cruel but CAB advised I would be unlikely to win the case and would be better off just paying the fine.

So awful @Frequency so sorry for your loss and your dds trauma.

These fines are so ridiculous and unfair.

Jammything8 · 10/07/2023 20:06

No experience of a court fine but if this is your 1st time it seems very extreme and just for 5 days too?
I have never been fined and we holiday during term time each year sometimes twice. Just pay the fine what is the point dragging it to court having to take the day off work and upsetting yourself? It's £60 just pay it.

Silkierabbit · 10/07/2023 20:01

Frequency · 10/07/2023 19:11

I considered it. DD lost her Dad very suddenly last summer. She was alone in the house with him at the time and had to do CPR on his dead body while she waited for the paramedics.

She missed a bit of school due to grief and trauma. Her attendance was around 83%. It wasn't all in one go, rather a few days here and there, usually around a "first" occasions eg her first birthday without her dad, his birthday, father's day, the day we sold his house, etc

I was livid that the school fined us under the circumstances. I still am. I think it is utterly heartless and cruel but CAB advised I would be unlikely to win the case and would be better off just paying the fine.

I am so sorry Frequency to the appalling way you and your daughter have been treated and the loss of her Dad. I had cancer and chemo etc and our school were beyond awful with DS with SN but your school have taken it to another level again.

TheLurpackYears · 10/07/2023 19:46

Pay the fine, leave you H stewing. How could a self employed couple afford the time it would take to take this to court?

Belltentdreamer · 10/07/2023 19:42

Frequency · 10/07/2023 19:11

I considered it. DD lost her Dad very suddenly last summer. She was alone in the house with him at the time and had to do CPR on his dead body while she waited for the paramedics.

She missed a bit of school due to grief and trauma. Her attendance was around 83%. It wasn't all in one go, rather a few days here and there, usually around a "first" occasions eg her first birthday without her dad, his birthday, father's day, the day we sold his house, etc

I was livid that the school fined us under the circumstances. I still am. I think it is utterly heartless and cruel but CAB advised I would be unlikely to win the case and would be better off just paying the fine.

God that sounds so tough on both of you. Hope you’re both doing ok. Shameful of the school

noctiscaelum · 10/07/2023 19:33

saraclara · 10/07/2023 19:10

This thread had to be a winner for number of posters who've demonstrated am almost complete lack of comprehension skills.

From the OP:

My husband feels very strongly that he wants to contest the fine

Yeah, I get that. But then why she feel so upset that everyone telling her to just pay? If she just wanted to pay and wanted to convince her dh, this thread is very much on her side.

I think I agree with other people's take that she wanted to contest to pay. Otherwise it just make no sense why she gets so aggressive.