Would you pay this school fine or risk it at court

[Coastingtohell25]

I know there is a lot of opinions on talking the kids out of school for holidays but I will not drip feed and I feel like I shouldn’t have to pay the fine.

We were informed that this year the school were not allowed to make allowances and everyone’s holiday request would be declined and it’s not their fault ( okay so I get this )

however the situation is as followed

DC class are away on residential mon -Friday to a sort of PGL like place. DC can’t attend for medical reasons and to be honest there was no real attempt to make it possible for them to attend.
parents were informed that if not attended they would be expected to be at school but DC is the only one not going. So we have booked a similar type holiday as a family at a well known family holiday park that dc enjoys which was very cheap due to not being in the holidays.

this will lead to a fine and I begrudge paying it to to be honest. Would I be unreasonable to stand my ground on this one ?

Just pay the fine. You won't win. The school was open and he could have attended. You chose not to send him 🤷‍♀️

Yeah it would be unreasonable, just pay the fine

You don't really have any ground to stand on though in my opinion. School is open and have made it clear they expect your DC to be in, but you've chosen to go on holiday instead. I'm not sure what grounds you would be appealing the fine on?

Why should I have to pay when they would be doing the exact same activities and won’t have a class for a week ?

it seems very harsh to Send a child to school on their own whilst their class mates are having a ball.

there was no attempt at making it possible for them to attend the school trip
it’s not a choice if there was a choice they would go but on schools defence it is a hard task to make it possible but it’s their fault they can’t go
so allowing them to go somewhere with similar activities as what their school friends are doing.

Because he was able to attend. Whether his mates were having fun or not.

You chose to take him out of school

So just pay the fine.

The case law is clear. Courts will enforce the fine. In your circumstances you were right to enjoy a family holiday but fighting the fine will just cost you more time and money, especially if costs are awarded against you

What's the medical issue that prevents him going on the school trip,but can attend a similar trip with you?

they were not able to attend the school trip, there was nothing organised for them to able to attend.
it was not a choice
they would be the only student in upper years all week.

What's the medical reason

Would need a nurse.

I totally understand your rationale, but as far as fines go I don’t think you would get any consideration in court. I have a child with extra needs, and sometimes you have to pay more for the accessible option - not fair, but it is what it is.

Why did you not meet with the school to discuss what they could do to facilitate your DC going on the trip?

The rest of the class will be attending an Approved Education Activity - an Educational Visit - which is legally classed as attending school.

You're going on holiday. Which isn't.

If your child hasn't had any unauthorised absences this year I think they are allowed 5 days until the fines kick in. Best to check though. Although it does seem very unfair to expect him to go to school without any of his peers.

In my opinion, the school should be making every effort to include your child. If his medical issues are classed as a disability then this is discrimination which is illegal under the equality act.
Either way I would absolutely take him on a holiday yourself at the same time and I very much doubt the school would impose a fine. They do have some discretion!

If you’ve arranged a nurse to go with you can’t you arrange a nurse to go with school?

So why couldn't you go with him? Did you ask to be allowed to stay near by and do whatever it was that was needed?
Presumably you didn't take a nurse to wherever you went on holiday?

It would have required CCG funding and separate insurance.

YANBU. I find it bizarre that education authorities in England can do this. It is not a "thing" in Scotland to be fined and everyone copes. When we took our kids out of school for a family celebration the sole conversation involved me phoning the school office and being told "have a lovely time".

The child was unauthorised absent for the bays if the trip. It's not up to them.

I would need to stay at all times, have other young children who were not allowed to attend.

So what happens when he's at school?

He will also not miss out on any learning as the rest of his class won't be there!

It is very harsh, it's a shit system and often penalises DC with health issues or SEN. Deserves total scorn.

But pay anyway. You won't win.