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 ?

I think if you can afford not to win you should go to court - but only if you have evidence in writing they couldn’t/wouldn't make reasonable adjustments for your child’s medical conditions so he could attend.

If alternatives for him to attend weren’t made I’d argue it under the equality act.

I would 100% call in sick. If the school have any sense of morals they would likely know what is going on but not pursue it. What about your DC's mental health, how awful him missing out on the trip due to his medical issues? That is on the school, so I wouldn't give a damn about what they think when you call in. Or if there's any way he can get a mark so it's less than the 10 sessions?
Enjoy your holiday, hope you all have a great time.

You are conflating two sept issues. Factor the fine into the price of the holiday. You will need to pay it. On the other hand complain that he wasn't accommodated on the school trip and they made no allowances.

Have you listened to the school? They've said they don't want the council to issue you a fine but they have no choice but to mark as an unauthorised absence.
Have you not heard of reading between the lines or subtle hints?
So ring in the first day and say sickness. They can't tell you to do that but I bet that's what they're thinking.
It'll be a pita for them to organise cover in school.

The school could easily mark him down as unwell. They absolutely have the choice.

@Coastingtohell25 there was no real attempt to make it possible for them to attend.

In which case, OP, you may have a case for direct discrimination under the Equality Act if they've failed to make anticipatory or reasonable adjustments for your DC's disability/health problem, and indirect discrimination (as you are being fined) as you are the carer.

Any lawyers on here to comment/confirm this?

Personally I would take it to court. Your child clearly has a disability that the school aren't accommodating for a school trip away. You have created an alternative experience for him, matching what the other children would be doing, so he doesn't miss out totally, which the school should authorise.
Sounds like life is tough enough for him anyway and his wellbeing will be compromised by being forced into school instead of having a fun school trip away.
He's unlikely to be taught whilst in school - just put at the back of another classroom with worksheets.... offer to take those with you........

Your child should be in school. Pay the fine.
You won’t win and if you try to go to court think of the STRESS of it, it will take months and months. Pay the fine. Your child is going on holiday when they should be in school.

Schools do not now have any ‘discretion’ to authorise holidays - they are on an extremely difficult position on this as they are being held accountable for absence figures very firmly.
Schools do, however, need to make ‘reasonable adjustments’ for school trips otherwise it is classed as discrimination and your child’s needs should have been considered from the start of planning this trip. It is not legal for them to go on a trip without including all students. I would be seeking advice on this or at least looking up the relevant legislation yourself. There will be local Send groups who will help you with this. So you may well have the fine but you definitely need to challenge them about not including your child x

Well done on being a great Mum and providing an alternative to the School residential.

However the fine - it’s not the school, it’s the County, just pay it and stop giving it headspace.

Sounds like a shame he’s sick the week of the trip. Honestly the teachers on your side here just call the office and say he’s got a virus.

Just because his class is going on the trip is doesn’t mean he won’t be taught, the kids in his class don’t teach him! The teachers do!
aside from that, you’ll only get a fine with 10 sessions absent. If you call in sick on Monday then that takes two sessions out so you won’t get a fine. Or put him in Monday morning and pick him up for an appointment at lunch time. Winner winner.

Where will his teacher be?

His teacher might be going or may not. In a primary school kids often join other classes in situations like this. It’s really no biggie. There will be other classes and teachers he can join. 🙄

Can't you just say he's got flu for a week? Do they really question it? I don't really understand how it all works. Why don't people just lie?

Only because he's been excluded from that activity.

I wouldn't pay it.

Yeh. This is what I meant

^ This, exactly. Normally I'm pretty tough about parents choosing to skip school for a cheaper holiday. But on this occasion I think the OP and her DC have been treated with the kind of one-size fits all gross insensitivity that we are seeing more of in the UK.

Sorry, when I wrote earlier of raising a formal complaint before they have time to prosecute, I was called away and did not finish. Other peole have said some of it. Don't roll over and pay the fine, but don't wait to argue it in court because it is an open-and-shut case: is the child registered in a school? Did you take said child on holiday instead of ensuring their attendance? Boom boom. No room for arguments or mitigation.
Pre-empt the issue by throwing the ball into their court before they can get as far as issuing a summons, in all the ways that have been suggested here. I used to do a lot of this support when home education was under attack in the same way.

@Coastingtohell25 how much is the fine? It is absolutely appalling that schools do this. I don’t think you should have to pay it either but sometimes it’s best to look after yourself and not cause yourself the stress.

I wouldn't pay it. If it goes to court, I'd contact local newspaper. But I think you could make a very good and reasonable appeal for not paying. It's like a parking fine, quite often they will revoke it if you make a decent case.

I remember my school's residential and my friend was the only one whose parents couldn't afford it. She was made to sit in the younger children's classes all week and found it humiliating.

So as a parent, you would send your child to school to sit in classrooms 2 years younger than they are with no friends whilst their class is on a school journey having fun because they are life limiting sick ?
that is some parenting
fine aside that’s cruel.

It's not the school, it is the LA. School have advised everyone they have no options for "discretion", they just don't anymore, the rules they are held to are too strict with zero leniency at all. Reading between the lines it sounds like they're saying "he can't be on holiday during school time and we obviously can't advise you to call him in sick but maybe do that" 🤔

Have you ever met a child? Of course it would be a 'biggie'.

Of course it's a biggie. He's been excluded from his actual class' residential because he's disabled.