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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to tell dp he must avoid dsc unauthorised absence fine?

42 replies

MinnieMoose2014 · 04/02/2014 23:42

Dsc informed us at the weekend that they're going abroad for the week before half-term. His ex hadn't told him and he intends to do nothing about this. However, in the light of people being fined recently we understand that they're missing six days of school at £60 per child per day which is just over £1000 in fines with the worst case scenario. There is absolutely no way we can afford this and I think he should speak to the school to tell them he's strongly opposed to them going in school time to try and protect himself (and our children) from the fine. Aibu?

OP posts:
TheProsAndConsOfHitchhiking · 04/02/2014 23:46

yanbu. but he should also inform his ex what. he is going to do.

RonaldMcDonald · 04/02/2014 23:59

Why will he have to pay the fine in the ex is removing them from school
Shurley her fine and responsibility?

Original poster
MinnieMoose2014 · 05/02/2014 00:02

As far as I'm aware it's £60 per child per parent per day

OP posts:
RonaldMcDonald · 05/02/2014 00:05

And....

jacks365 · 05/02/2014 00:07

It is the responsibility of every one with parental responsibility to ensure attendance so yes he will be fined too. Does the ex actually have a residency order because if not she can't take them out of the country without his consent.

RonaldMcDonald · 05/02/2014 00:08

If the child resides with one paren and that parent decides to take the child on holiday then that parent pays the fine

Your course of action, in informing the school, will seem like interfering and perhaps jealousy I'd imagine

nannynewo · 05/02/2014 00:10

I thought it was that amount per child and per parent that they live with? For example, if they split the time evenly between mum and dad but it is mum that is taking them on holiday then it should be the mum who pays?

The dad has nothing to do with how the mum spends time with her children (not saying this is right or wrong) so that means she should be responsible for the fine?

Original poster
MinnieMoose2014 · 05/02/2014 00:12

That's not true Ronald, they're both liable. I don't care what informing the school will 'seem like' tbh if it saves us a grand. It's hardly interfering, they are his children too! Jacks no she doesn't have a residency order but it doesn't stop her taking them without telling him never mind asking him

OP posts:
Original poster
MinnieMoose2014 · 05/02/2014 00:14

Not as far as I'm aware nanny, but that'd be good for us if correct!

OP posts:
Sparklysilversequins · 05/02/2014 00:16

It's not £60 a day, it's £60 for each period of unauthorised absence. So yes £60 for a day if you only take one day off but also £60 for a week if you take a week off.

This is how it has been explained to me by our schools HT.

RonaldMcDonald · 05/02/2014 00:18

Sounds like alarmist twaddle minnie
If your p doesn't have any control over the child going to school how can he be asked to pay the fine?

Utter utter twaddle imo

Daykin · 05/02/2014 00:18

Our HT said what Sparkly's said. I asked because I was going to take a day off for travelling to a wedding but I can have a week for the same bargain price. It is per parent though, assuming both parents have parental responsibility.

skyeskyeskye · 05/02/2014 00:20

It's £60 per parent per child but only for Resident parents. That's what our school said.

EllenJanesthickerknickers · 05/02/2014 00:23

My DS's school say £60 per half day session, per child, per parent. That soon mounts up. But only if unauthorised absences have reached over 10 days.

Daykin · 05/02/2014 00:24

How do you class Resident and NRP? Is it a real legal definition? OP's DP obviously has contact with his dcs, if he took them on holiday or just didn't bother taking them to school the monday after his weekend would he be fined, or the mother as the resident parent?

honestly don't know why people say the government are thoughtless arseholes

dayshiftdoris · 05/02/2014 00:41

Legislation says 'Any parent who fails to ensure attendance...' As being liable.

Most LAs are interpreting this as any parent who has PR as they are probably making a Presumption that they can do something about it. Even if separated they would argue that there are official channels they can take.

So OPs parent DOES risk a fine and needs to do something

www.education.gov.uk/schools/pupilsupport/behaviour/attendance/a00223868/regulations-amendments

Original poster
MinnieMoose2014 · 05/02/2014 06:48

Our school is 60 per day. If it were 60 per period of absence that'd be no deterrent at all as holiday cost + 60 would still be loads cheaper than school holiday holiday. Dsc are at a different school so there's not really any way of finding out their policy without asking which potentially involves telling the school if it turns out the fine is huge. Even if it's only £60 it seems massively unfair that he gets penalised for a decision he disapproves of

OP posts:
LtEveDallas · 05/02/2014 07:12

I think it's up to the schools to decide how they interpret the rules. Ours says £60 per child per day also, as does DSDs school. I'm not sure about the PR thing though.

If you don't want to contact the school could you email mum and tell her that you are against them going, at least you could use that as 'proof' if you do suddenly get a £1k fine.

EirikurNoromaour · 05/02/2014 07:14

Let the school try to take him to court for the money! Nothing says he has to pay it unless compelled by the court, and the school would clearly lose if the kids don't live with him.
And £60 per day? Are you sure? I'm pretty sure that's not the case.

Sparklysilversequins · 05/02/2014 07:22

I've looked at quite a few different areas and they all say £60 per period of absence rising to £120 after 28 days. Even then it would only be considered appropriate if there had been regular absence and/or lateness previously. I think it's scare mongering to be honest.

Sparklysilversequins · 05/02/2014 07:27

Legally they would have to be very clear that it was £60 every day or half day of absence for people to be compelled to pay and I have not read that anywhere. I have read per parent though so I think that's true.

IslandIsla · 05/02/2014 07:33

ive heard quite a few people talk about fines per day recently. not heard of anyone being fined per day though! agree with sparklysequins its scaremongering. our local authority has clear guidance on website regarding fines, capped at one penalty notice per parent per child per term and issued for unauthorised absense of 5 days or more. yet plenty of people around here say it is per day - check the local policy.

Sparklysilversequins · 05/02/2014 07:38

There's this story sorry its the mail but relevant. Where they are bitching about having to pay a massive fine but they have three kids and each parent has been fined for each child hence the initial £360 fine, rising after 28 days as they refused to pay.

DontmindifIdo · 05/02/2014 07:45

Ronald- as far as I'm aware, if the non-resident parent has PR, they could be fined as well, not sure if they would be, but op, it's definitely worth checking with the school.

This is going to be an interesting issue, I can see a lot of otherwise civilised divorced couples having massive arguments if these fines start being applied.

EirikurNoromaour · 05/02/2014 10:20

It wouldn't stand up in court though. No magistrate would fine a NRP if they had no control over the child's attendance.

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