to tell dp he must avoid dsc unauthorised absence fine?

[MinnieMoose2014]

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?

This is really simple Op, of course your DH should speak to the school, probably follow up in writing to the Headteacher. What's the point in speculating about what might happen if it goes to court etc when the answer may be really simple?

Is ex honourable enough to stick to an agreement she will pay any fines incurred even if in his name? In other words do you trust her?

Eirikur - it's an interesting one isn't it, although I suppose if the NRP knew about it and took no steps to object or stop it, could it be seen as removing the DCs from school with the NRP's blessing? While it would make an interesting test case, if the OP's DP can't afford to pay the fine, best to take steps to try to avoid it.

...and herein lies the real problem with this legislation. it is up to individual school heads to decide what is and what is not appropriate. in some areas there is a per session fine per parent per child, in others no fine unless you go beyond 5 days off and in others its £60 per parent per child per break. the OP needs to go on the website of the education authority where the childs school is and look in detail at their guidance. my understanding is that if the father has any parental responsibility for the child then he too will be fined. in our area only if the other parent is dead or whereabouts unknown would they not fine both parents. has the mum already told the school that she is taking the kids out? have they refused absence already? if so then you need to write in strong terms to the school that you do not agree with this. whether or not you get fined is anyones guess really but don't let it go to court. the fines will be increased and you will pay costs and other penalties. and if you think this is all really unfair you are dead right.

I honestly don't see how it can be enforced if different authorities are interpreting the law differently ie one being far more stringent than another. It's just not clear enough.

If I was him I would email the school and get his "defence" in writing that way.

I've just checked the guidelines for my area and it's 10 sessions in 1 term so 5 days. They also state all people who have pr for the child/children then as a really nasty twist they also state the child could lose their place at the school.

Agree, Dont, my ex and I are civilised but this would be an issue if fines were applied to both of us if one decided to take DS out on unauthorised absence. I was fined for an unauthorised absence last term for a holiday (overseas to visit relatives, still not authorised, that's a while other thread!) but made it clear to the school that my DS's dad and I are not together and it was solely my decision to take him out of school. My ex was not fined in this instance, but this really must be clarified and uniformly applied rather than having people tying themselves in knots over what their ex might be doing. Seems to be down to each LA or school as to how fines are applied and no clarity at all.

yep toys and as I have said before that is the problem jacks365 you are lucky that your LEA give such good and clear advice. ours don't. OP what decisions have you come to?

I would inform the school that I did not agree with the unauthorised absence. There will have to be a policy on this meaning the person taking the child on holiday will be the one responsible for any fine.

I don't see how they can levy the fine at both parents. My DH has an SRO for his DD. There's sod all his ex can do to prevent him taking DSD out of school in his time just like there's sod all he can do to prevent her taking her out of school in her time. How can the other party be fined?? I agree, it would never stand up in court.

However OP, DH is taking DSD out of school next week for a day so he emailed the head saying that if two fines were levied, to send them both to him. The head emailed back saying fines were only being levied at parents of kids who already had attendance levels of less than 90% in our LA.

Minnie they might claim
It is £60 per day but it really isn't. It is £60 per period of absence per parent and only if they miss ten sessions ( 5 days) per term.

Perhaps the absence has been authorised ?

soontobesix. I don't know where in the legislation you have found it saying "only if they miss 10 sessions/5 days per term" because that is absolutely not what the law says. your LEA might have adopted this as a policy which is great for you. my LEA have not. 1 day is an absence and will be fined and court considered. its there in black and white as it is for a few other people. the law is pretty stark about it. its individual heads and LEA's that put their own interpretation. some are reasonable as yours clearly is ( 5 days a term is 3 weeks a year so more than the 10 days under the last law) mine and others are not.

But that's what I am saying mummy. This is a "law" it can't just be interpreted however they want. How can it be enforced if there's no clear policy ?

Would be an interesting court case in front of the magistrates.

And what is the other parent supposed to do - how do they prevent a parent taking a child on holiday?

Stand in front of the car?