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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To not pay school attendance fine?

447 replies

NameChanged456716 · 06/11/2023 13:38

And what happens if I don’t. There is no statutory right to appeal.

i submitted an ‘exceptional leave request’ first week of September, requesting 5 days leave for my 6YO and 8YO daughters. We are in India this week participating in Diwali and the religious functions that lead up to it. It’s not the same in our area the U.K. and we wanted the kids to fully experience their cultural traditions at an age where they wouldn’t miss too much at school, with family and friends that live in India.

the head was meant to respond to let us know whether or not the absence would be authorised and give reasons. We didn’t hear anything and then chased up a few weeks before half term, but no response.

today we got the standard ‘why have your kids not in school email’, which I responded to and finally got confirmation that the absence has not been agreed and so will be unauthorised. No reason given other than they see it as a family holiday.

in our area it’s an automatic fine by the LA if we take kids out for 5 days. I’m a bit annoyed at the lack of communication from the school. We can’t control that Diwali is in term time, it’s only 5 days and this is really important to us as a family.

what would happen if I don’t pay the fines (it’s more the principle that I don’t think we should have to).

in terms of missing education - kids attendance is 100% otherwise and both are greater depth so I do think this week in India is a better experience for them than any impact of missing 5 days of primary school.

OP posts:
Charlie554 · 07/11/2023 20:03

When you say “chased it up” did you actually call the school and speak to someone? you’ve taken advantage of cheap flights outside of school holidays to go to India. Did you just go for the five days of Diwali? Or did it somehow turn into a two week holiday?

swimsong · 07/11/2023 20:04

Get a solicitor to write to the school asking for minutes of the meeting in which authorisation was turned down. If not a meeting.

I was coparenting and we were initally turned down for a school placement halfway between our homes, being both just a little outside the catchment area, we applied for an exemption to that rule on recognised social and child welfare grounds. The solicitor said a letter as above would likely fix it - and we were offered a place shortly after they received it.

DailyEnergyCrisis · 07/11/2023 20:05

Schools don’t have much agency over this stuff as they themselves are pushed to the limits to get attendance up. They have to demonstrate they are complying with the structure that apparently drives attendance upwards which includes fining. I’m sure the head would rather not as it’s damaging to relationships with families but it’s not an option to turn a blind eye if there’s a “good reason” which doesn’t meet the threshold for absence they can justify authorising.

StressedMumOf2Girls · 07/11/2023 20:05

And while I would love for schools to give authorised absences when it comes to situations like this, I understand why they don't do it. If it's a large multicultural school, you'll have students missing every month or so because someone's got a religious holiday and is going to be absent.

Or if it's a school that has one religion as a majority, you could easily have 50% of the school absent for a few days due to a religious festival happening.

Charlie554 · 07/11/2023 20:06

So not actually gone for whole of Diwali? You’ve wanted an extended holiday with family so pay the fine. Schools get so sick of the bullsh*t .

YinrunIsMySpiritAnimal · 07/11/2023 20:10

Emptyandsad · 07/11/2023 19:53

What should the state do if you're abusive of your children? Just say "they're your kids you can do what you want with them"?

Of course the state has a role to play in ensuring that children are well treated. There is, of course, a very valid argument to be had about what that role should be, but everyone complains, when a child is abused, that social services didn't intervene.

Well this is a bizarre post Indeed.

Please point out where I said I can “do what I want” with my kids or advocate child abuse? Go on.

I was very specifically talking about being reprimanded or prevented for making perfectly reasonable decision about my kids like going on a religious holiday. I’m surprised you missed that part seeing as it was in black and white.

Then I suppose some people get a little wee in their knickers from making total nonsense up online. Each to their own.

NameChanged456716 · 07/11/2023 20:11

Charlie554 · 07/11/2023 20:03

When you say “chased it up” did you actually call the school and speak to someone? you’ve taken advantage of cheap flights outside of school holidays to go to India. Did you just go for the five days of Diwali? Or did it somehow turn into a two week holiday?

The flights weren’t cheaper. They were more expensive to stay for Diwali. It would have been cheaper to come back day before kids went back to school.

OP posts:
LlynTegid · 07/11/2023 20:14

Automatic fines and no appeal seems to me against the principles of justice in the UK, however much Suella Braverman wants to destroy them.

That is an argument with the local authority not with the school largely, in my opinion. You could ask questions such as whether or not they have done an equalities assessment into the policy, for example.

StephanieLampshade · 07/11/2023 20:14

As a multicultural society the structuring of school.holidays around Christian festivals probably needs looking at.

The school has handled this poorly and I sensitively but I would pay the fine.

Mildred007 · 07/11/2023 20:16

SurferRona · 07/11/2023 19:14

You need to quickly email the school head and cc governors and I’d cc the Local Authority too, setting out two grounds as to why the fine\intention to fine is not based in evidence and therefore is not under the law:

  1. that you applied for authorisation, and as religious observation provides grounds for authorisation, your reasonable expectation was that it would be authorised. If the school failed to completely adhere to its own policy, then they cannot issue the fine to you. It sounds like they didn’t.
  2. that the consequence of the misapplication of the school’s policy is indirect racial discrimination. Christian children will celebrate festivals precious to them as school will close at Easter and Christmas. As Hindus or Sikhs, or Janas, you can only celebrate this important religious festival by taking children out of school. You are indirectly suffering a fine or worse because of your religion, and that is discriminatory. Schools have a duty to conduct their activity in a way which doesn’t discriminate.

I would ask them to explain how this decision meets these criteria and perhaps they can confirm their intention to withdraw this notification clearly made in error.

I agree with this.

UK school holidays are mainly centred around Christian festivals which makes it much easier for families to spend this time together. This doesnt take into account people practising other religions so they can spend time with their families on important/special occasions.

I would appeal the decision/fine.

Livelovebehappy · 07/11/2023 20:17

NameChanged456716 · 07/11/2023 20:11

The flights weren’t cheaper. They were more expensive to stay for Diwali. It would have been cheaper to come back day before kids went back to school.

The thing is, Diwali isn’t recognised as a public holiday in the UK. Nor should it be. Therefore you just go for the week at half term, then return home. And stop the BS about it being ‘educational’, when it’s more than likely the reason is you want an extended holiday with family.

User63847439572 · 07/11/2023 20:17

I get it’s annoying they didn’t come back to you
but I would never expect this to be authorised.
so I would save yourself a lot of hassle and just pay up.

StephanieLampshade · 07/11/2023 20:20

Livelovebehappy · 07/11/2023 20:17

The thing is, Diwali isn’t recognised as a public holiday in the UK. Nor should it be. Therefore you just go for the week at half term, then return home. And stop the BS about it being ‘educational’, when it’s more than likely the reason is you want an extended holiday with family.

It is very educational to learn about cultures, ways of living, languages and traditions.

It makes you a more informed, tolerant and pleasant person.

You should try it.

pineapplecrushed · 07/11/2023 20:21

she followed the school policy for requesting exceptional leave. The school did not follow their own policy by failing to respond to her request. They should cancel the fine because they broke their own rules.

LJH001 · 07/11/2023 20:23

Tell the school it is an educational and cultural visit and not a holiday. You have a right to do this.

ticketstickets · 07/11/2023 20:27

Mildred007 · 07/11/2023 20:16

I agree with this.

UK school holidays are mainly centred around Christian festivals which makes it much easier for families to spend this time together. This doesnt take into account people practising other religions so they can spend time with their families on important/special occasions.

I would appeal the decision/fine.

yes, I don't live in the UK but I remember a woman telling me her grandkids couldn't come for Rosh Hashana (which fell mostly over the weekend that year) since they would have missed school on friday. One day!

Thank goodness Easter and Passover mostly coincide!

TeenLifeMum · 07/11/2023 20:27

Our primary school would have okayed this privately but not officially and not fined us. We took dc to America to see family but had to align with when my brother and cousins’ families could all meet up. The experience my dc got of New York, Chicago and the Great Lakes with family was more valuable than the lessons in school. School felt the same thankfully. I’d say that experiencing Diwali is a part of their cultural education and really important. They could tell the class about it on their return if the teacher was really good. It’s a shame schools can’t think more about the value of such an amazing trip. It’s not like a cheap all inclusive to Greece is it?!

I’m usually really supportive of schools and the rules but I think op should be allowed to do this. Sadly, rules are rules so yes you’ll have to pay.

ChiefWiggumsBoy · 07/11/2023 20:27

I don't think you should have to pay. When I was at school, the Jewish children had all their holidays off (granted this was before fines!) and I don't see why it should be different for Hindus/Sikhs (forgive my ignorance, I couldn't remember and Google suggests it's for both, not sure if you've said which religion).

While I don't think you should have to pay, I don't think you'll get away with it either if I'm honest, and you'll end up paying double.

QueenCamilla · 07/11/2023 20:29

Sophie89j · 07/11/2023 19:29

Appeal through the LA on grounds of discrimination and cultural differences, they’ll back down.

Will they?
Good to know. The National holiday for the Summer Solstice celebrations in my country is towards the end of June. It's celebrated more prominently than Christmas.

I am laughing though at PP alluding to a holiday with family abroad as "exceptional circumstances". It really is not. I wish it was (see above) alas it is not.
Rather exceptionally, my 10 year old son hasn't seen his grandparents and other family for 6 years, as we can't afford term-time holidays.
I might just take the fine this year.

NameChanged456716 · 07/11/2023 20:34

Charlie554 · 07/11/2023 20:06

So not actually gone for whole of Diwali? You’ve wanted an extended holiday with family so pay the fine. Schools get so sick of the bullsh*t .

The kids have seen and learned so much about their religion in this past week, how significant days like karwa chauth, Ahoi Ashtami are here in India and what it all means, and also preparing for Diwali itself this weekend - it’s not bullsh*t

OP posts:
DahliaJ · 07/11/2023 20:35

And see 224 CODE R. Does your visit fit the criteria under religious observance. May not cover all 5 days, but one or two of them.

Official Department for Education guidance that dictates school policy.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1099677/Working_together_to_improve_school_attendance.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1099677/Working_together_to_improve_school_attendance.pdf

Chocolateistheyummiestthing · 07/11/2023 20:37

I would try to contest it on religious grounds. I know orthodox christians who always got time off to spend at least Easter in their home country.
Also school should have confirmed either way

usererror99 · 07/11/2023 20:39

A parent locally to me is up in court as she missed the letter with the fine - she's now looking at over £1k in fines/costs. So yes non payment is pursued

You knew the rules and you knew the consequences. Pay the fine. Pulling the old "religious reasons" card just makes you seem entitled and seeking special treatment

HurkleDurkling · 07/11/2023 20:40

You knew the rules when you sent your children to a Local Authority School.
Pay the fine. The option would be Home
Ed, or a same faith school. These are the rules. Can you imagine if every child had holidays to suit external customs/religious obligation. We could have holidays at, Halloween, birthdays, pagan festivals. The teachers would be unable to teach the basics. The RC has about 10 holidays of obligation per year, the Jewish Faith will have many holidays then the Muslim will have many too. So you can see how absurd taking non scheduled holidays would be. Teaching is difficult enough. Sometimes parents need educated. I feel occasionally some parents don’t value the education system.
Just pay the fine and value the school!
They have enough to do without chasing a disruptive parent.