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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:
Silkierabbit · 10/07/2023 15:07

I don't know details but DD said a girl in her year was absent due to anxiety and parents went to court and had to pay £2,000 and ended up having to withdraw her from school as could not afford fines. DD said girl was anxious.

I would not risk it, I think you will lose and also its dicey saying you had to take him out of education, that might be referred to social care if you push it.

EduCated · 10/07/2023 14:59

A £60 is still a lot cheaper than childcare for the week.

Kingsparkle · 10/07/2023 14:55

I don’t think many people are stupid enough to risk court. Wouldn’t you be losing more than £60 in work to go to court for a day anyway? In a cost of living crisis too.

WheelySquirrel · 10/07/2023 14:20

I’m pretty sure it’s a strict liability offence which means all the LA would have to do is prove to the court that they were absent and that you hadn’t paid the fine.

Stclements115 · 10/07/2023 14:14

Thanks for all your opinions on the matter but I’m still asking specifically if anyone has actually gone to court in this circumstance?

OP posts:
Foxesandsquirrels · 10/07/2023 11:59

You'll lose this and end up with a huge bill. I don't agree with fines but equally your child shouldn't be missing school because of your work. You need to arrange childcare. The cost of living crisis is not your child's problem. They deserve and education and a whole week off school is ages.

StressedMumOf2Girls · 10/07/2023 11:43

I agree with the others - just pay the fine. Going to court and arguing it isn't going to change their minds, even in your situation.

Sweetleftfood · 10/07/2023 11:19

Yeah this is pretty weird, I get your situation but surely you could have as someone else said got some sort of care sorted? I am from another country and my husband from Ireland so have no family where we live but still in emergencies we have managed to find a solution. Sounds like you just wanted to take him out and bring him, which is fine but I would also just suck it up and pay

PennywisePoundFoolish · 10/07/2023 11:19

I think you'd be unwise and likely end up with a larger fine, plus potentially additional orders (attendance/parenting related).

redskytwonight · 10/07/2023 11:14

IANAL But I can't see how you could win this. If it's a one off, just suck it up and pay the fine. If it's likely to be more than a one off, then you need to get proper childcare in place and not take your child out of school every time.

AP5Diva · 10/07/2023 11:14

You can go to court, but you will likely lose and the fine goes up plus you have court costs on top. Self-employed doesn’t matter. Plenty of couples get sent abroad at short notice by their employer on work trips and they have to find child care that includes to/from school. They’re not going to care about the cost of living crisis, they’re going to tell you the fine is a cost of doing business for a self-employed couple that you should have factored that in when you both accepted work on the same week. They’ll ask you, but you still came out ahead…you still made money on those days. Then you’re going to get a lecture on the importance of education and perhaps even a referral to social services to ensure your child isn’t only having their education neglected and deprioritised.

Kingsparkle · 10/07/2023 11:11

I am very against these school fines but for the sake of £60 vs £2,500 if you take it to court I’d just pay it.

mirages08 · 10/07/2023 11:08

You enrolled your child in school?

Legally, after the term dc turn 5 they HAVE to be in school unless they are being "educated otherwise" (home ed) or are ill/ otherwise incapacitated.

None of those apply here.

You say it shouldn't happen again so...pay the fine (which the DfE stipulate btw not the school)

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