Fixed penalty fee for school absence for attending family tragedy abroad

[SpeechGarden]

Our family has just experienced a tragic and untimely death of a beloved family member and is being fined for running to his bedside as his condition took a drastic turn over the Easter holiday.

As expats (only here since September), we were shocked to learn of his cancer in December, and were granted the last week of school in December to visit him. At that time the HT said there would be no further requests granted.

Never thinking the worst would happen so soon, we were floored on Easter Sunday to learn that he was unconscious, in hospice, and not expected to live until we arrived (13 hour travel time/9 hour flight/5 time zones). Without school in session to ask for approval, we were on the next plane. We called the following day (Tuesday), explained the situation to the assistant head, as the head was unavailable and was assured that we were fine. If we had known otherwise, we would have immediately withdrawn them to avoid a fine and homeschooled the remainder of the year.

He survived longer than expected, with many emotional ups and downs (mostly downs), and was barely hanging on when we left. When we arrived home (UK) we were greeted with the 'you may be issued a fine' letter. Knowing there would be further absences as death neared, we decided to homeschool and withdrew from school (we will also be moving back before the end of the school year). That's when our fine was issued, despite the welfare officer saying it wouldn't be issued...for the week we were in hospice everyday.

THAT'S NO HOLIDAY! We highly value education and otherwise never take holidays in term time. This is the worst family tragedy in over 35 years. It's truly exceptional. How can one HT determine how many days one needs to grieve? Did she think we should leave the children here, alone on the continent without any family?

We did speak to her on the phone today. She said 'no changes', even though she could authorize it. She has a reputation to uphold, she said.

We feel that these charges, in the mist of our grief, are wrong, cruel and inhumane. It's not just about paying the fine. It's about being criminalized for something beyond our control. He couldn't help the timing of his death. Need he have asked the HT for permission? Since when is she god, who can determine how long we need to mourn? Sorry it wasn't within her time frame...ours either, for that matter. It was in our children's best interest to take them with us.

Our question is this: should we fight or pay? If we fight, how? Are there solicitors who can help? We understand that the fine will double and will go to magistrate. Do magistrates have the ability to use common sense and overturn this ridiculous fine? How might that help change the law to help others who may be in a similar situation in the future? We won't ever encounter this again, but if it could help others, then we are prepared to fight (but want to know what to expect and who might help us).

So sorry for the long post.

Thank you for your comments,

Grief-stricken and heart-broken expat, who loves living in the UK

Contact the Local Authorities press office, tell them you have been in touch with the daily mail and that you have arranged to meet them to tell the story, also contact your local MP and tell them about it too - they will tell the director of education who will shit a brick and the head will get in shit over it! A death in the family is a reasonable absence - the head is a prick

This is a situation where an appeal is justified, get in touch with th eLEA and put your case to them directly. The letters etc are triggered and take no real life facts into account.

Im sorry you've been through such a tragic time.

Firstly I'm so sorry for your loss. Awful news.

Secondly, I would be jumping up and down on the phone to anyone and everyone. Your MP, head of education dept at the local council etc. The head teacher is nuts!

If I were you OP I would forget about the fine and concentrate on your family, if you are moving abroad soon then you'll be gone before it escalates to court. Please don't sad-face to the press, the comments under the article will not be sympathetic and only the press will benefit from your awful situation.

Sorry for your loss.

How long where they off for?

Sorry to hear of your loss.

I don't think these things are always up to head teachers, they are put in a very difficult position by the lea and the local EWO. It's really not their fault. They could authorise it, but they may well have a hard time justifying that decision. Without knowing the details of your family, it's impossible to say whether the HT had valid reason to leave your absence as unauthorised.

Are you sure this is all down to the HT and not because you decided to pull your child out if school altogether?

Appeal.

Just write what you have written in your OP.

So sorry for the loss, and all the distress that has been caused.

You need to put in writing to the LEA That you wish to appeal. I'm not sure but there must be instructions of this on the fine. If not call them. But if it goes to magistrates they can and tend to use common sense.

I have observed in the magistrates court for a few fines and I will advise to appeal to their best nature, be calm and non aggressive, don't lay the emotions on too thick but be honest, reasonable and firm their were no alternatives and in your children's best interest to have traveled and why. Use evidence of past attendance etc. I think a good family law practice would be best to represent you.

The education authority is determined to make an example of your family. Prosecution is not at the behest of the head teacher who for all you know may have argued your case vigorously behind closed doors, but at the end of the day is on the payroll of the "system".

IF you fight it, then the situation could escalate with the LA declaring your children to be "missing from education" which in turn can trigger child protection investigations. Last thing you want is that sort of nonsense while you grieve and organise your return to your home country.
There are times when revolution and rebellion is the appropriate course of action. This is not one of them.

Gather as much documentary evidence as you can, take it with you to court if the date falls while you are still in the country and let the court decide. Otherwise ignore the stupid thing and fly home. What are they gonna do? Chase you across the globe for the money?

These fines are like parking tickets for councils - a way of raising revenue, compassion will never get in the way of £££'s. If some councils aren't behaving like this YET, then they will within a decade, unless there is a concerted push at the next next general election from parents to see this silly law repealed.

You could go to see your GP - if he will say it is stress then that is grounds for appeal.

Thank you all for your comments and warm-hardheartedness. I really do appreciate it.

How do I appeal? The letter says there is no right to appeal. Is to appeal the same as to go before magistrate? That does sound so scary, and by then our fee will have doubled. We have until next Friday at the lower rate.

The welfare officer said the only way it can be changed is for the HT to approve it (if the charge was, in effect, issued in error). No other way.

Just skipping town doesn't sound reasonable. Wouldn't we have a warrant out for our arrest here, even if the US doesn't hand us over? We would like to be able to return to visit without spending our time in jail.

To answer your questions:

They did miss a chunk (5 approved days in December, then we are charged for April 22-May 2), which is why we ultimately decided to withdraw (thinking it more consistent for the kids and better for the school to have us off the roll).

We also asked her to change the withdrawal date to the start of the absence, and she refused. We did not return to school at all.

I do believe it may be related to the withdrawal, but can't be sure. The welfare officer indicated it may be related to our actual return, that we re-entered the country.

The most frustrating part is that we could have easily withdrawn from the beginning if we ever thought this would be a problem.

Thanks again.

I really don't think the HT would have been able to change your withdrawal date to the start of your absence just because you asked her to, it's not fair to imply that she is in the wrong because she couldn't do that for you. It's not that simple.

I understand that you have difficult circumstances because of geography, but after recently approving 5 days absence for this family member, the HT is put in a very difficult position. More so now that you have withdrawn your child from school. If questions aren't asked of you, then they will be asked of the HT. That's just the way things are working in this country's state education system at the moment. Attendance is a big deal.

Two absences so close together put it out of the HT's hands. She can only count the withdrawal date as the date when she received the letter. Again this is out of the HT's hands.

School attendance is compulsory and the law changes last September have landed lots of families in hot water as they are a bit draconian. Michael Gove dicktats don't seem to take into account the practical realities of the human condition.

Honestly in your shoes, I'd just pay it and chalk it up to experience.

Hopefully the next general election will see common sense prevail.

stated police in my area is that they can't prosecute if you don't pay so maybe check out what will happen if you simply fail to pay.

policy obviously

I'm afraid there is no appeal as such. However, if the penalty notice was issued contrary to your LA's code of conduct it should be withdrawn by the LA (not the HT). You need to find the code of conduct and see what it says. If you can't find it let me know which LA is involved and I'll see if I can find it for you. PM me if you don't want to post the information publicly.

No you wouldn't have a warrant out for your arrest if you left the country. It is possible you would face a court case for non-payment of the fine if/when you returned but that is all. It is also possible the LA would decide not to pursue the matter any further.

It is shocking that people can be fined like this with no right of defence or appeal.

Democracy?

Ha.

sorry to disagree with some posters but I will. the discretion lies with the head teacher. the law is very very clear. she/he makes their own decisions. the LEA, the fines, the court everything only kick in once the head teacher has decided not to authorise the leave. the head is not in a difficult position, it is there job to decide if leave should/should not be granted. they are the only people who can stop the utter madness that this legislation is causing. woowooowl - attendance might be a big deal but family trumps it every bloody time in my house. I would make a huge fuss about this. can we really expect people to only be ill for 5 days? someone in your position needs to challenge this in court. you are right there is no right of appeal but you can have your say in the magistrates. make a fuss. kick up a stink. but only if you feel able to/strong enough.

From the heads point of view you were given five days before christmas on compassionate grounds and then took another twelve (ten school days?) in April; maybe she felt that the timing of just before or after holidays was suspicious?
I don't know, I'm just trying to see why it wouldn't be authorised. Maybe she wasn't aware your relative was actually dying? (Sorry to be blunt, just lost a very close relative so not unsympathetic)