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help - I'm being prosecuted for non attendance at school

59 replies

needsomehelppls32019 · 23/08/2019 18:51

The police have just been and arrested me for not appearing in court for my child not attending school. He was being bullied and the school would not help, so I told them I was gonna home educate and apply for a different school. I did this but the council lost all his paperwork for his fair access panel meeting and he didn't get a place, and still doesn't.

I moved house in April (I'm in the north east if that is relevant). The council knew of the new address and I have had letters from them here. However, it seems they sent a summons to magistrates court to my old address and I knew nothing of it. The police have now bailed me to appear on Wednesday. I've tried to apply for lehgal aid but been told it's unlikely I'll get it. He is 12 and has SN's, and kept threatening to kill himself if I forced him to go. He was also violent to me and his older sister.

Any advice? I feel sick with worry.

OP posts:
needsomehelppls32019 · 24/08/2019 13:03

They also told me that I could not legally deregister my dd as she had sen.

Maybe this is the problem then? But they've never told me that's the case. I didn't get any letters, I sent numerous ones but nearly all went unanswered, and when I rang they wouldn't talk to me - I just got through to the contact centre who said someone would ring me back but they never did. They did email though.

I have taken him to the doctors but CAMHS wouldn't accept the referral. I also asked the school to refer to CAHMS as well but they never did. They also lost all the paperwork of his diagnosis.

What a mess.

OP posts:
granny24 · 24/08/2019 13:28

Find out who you local councillor is. The
LEA will put you in touch

eurochick · 24/08/2019 13:34

There's two issues here. Make a folder of correspondence for each. One relating to the missed court hearing - mainly proof that the LA had your new address but didn't use it. The second relating to your choice to home Ed and the correspondence you have relating to this. If you can afford legal advice get it, but if not get all your paperwork together and try to stay calm and polite in court.

Drabarni · 24/08/2019 13:35

If you didn't officially deregister with a letter, then he is still on roll and that is why you are being prosecuted.
Chatting to the receptionist wasn't official.

Ditto to getting all paperwork together and you don't have to provide evidence of H.ed apart from to say you were/are deschooling due to bullying and lack of intervention from school.

Don't panic, just deregister now so they can't say anything about the time from now on.

KUGA · 24/08/2019 13:48

Keep as much paper work as possible also ask for copy`s of the letters sent to the old address.
I should help.
Hope it goes well for you.

Snugglepumpkin · 24/08/2019 15:34

If your child was attending a special school then deregistration is different.
You have to seek permission from the LA (who in theory should give it 99% of the time) first & send them a plan of how you will accommodate their special needs whilst providing the child with a suitable education.

If your child was in a regular school but has SEN then you are able to deregister without the LAs permission.

So, which sort of school was your child in?

theorchidwhisperer · 24/08/2019 21:53

@needsomehelppls32019

Please look at this;
notfineinschool.org.uk

You can join them on Facebook.

Beth Bodycote might be able to help. She knows the legal side with regard to SEN. She's good.

Xx

PerkingFaintly · 24/08/2019 22:20

List all the letters you sent in your timeline. Also the trip to the doctors and the requests for referral to CAMHS.

mumwon · 24/08/2019 22:57

solicitors.lawsociety.org.uk/?Pro=True
did a little search -
right go to law society website look up pro search put in education & area where you live - some lawyers may give you half an hour advice for low sum or for free - they wont write letters on your behalf but they will give you some idea of what to say/do

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