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 ?

As far as a court is concerned, it's open and shut. He has mitigating circumstances but the law isn't flexible. I'd personally just call him in sick for the week. Yes it'll be obvious but can they PROVE you're lying? Doesn't matter what they think, even if its obvious as fuck, as long as you make sure it can't be proven.

Yeah, that's exactly the same as a disabled kid not being able to join in. Identical.

They do in specific one of a kind circumstances. Last year we went to a wedding abroad, originally scheduled during school holidays, brought forwards into termtime due to grooms mum only having weeks to live. My girls were flower girls. The head authorised them 2 days as both had 100% attendance otherwise.
Head has also authorised trips for children where a siblings or parent is terminally ill, to enable them to make memories. Criteria is very tight (as it should be) but it's not always a no.

It sounds likely that your DCs condition would amount to a disability. The school may have failed to make reasonable adjustments by having the trip 4 hours away, so your DC can't attend with you. It has also failed to make reasonable adjustments to it's attendance policy to take into account the fact that your DC is missing out on something all of their peers are doing and would be the only child in their year going to school with no proper learning . That's probably another kind of discrimination too (disability or indirect)

If I was you, I would be writing to the school (or LA? I'm not sure who has issued the fine sorry) and saying if they insist on fining you, you will make a claim for disability discrimination to the SEND Tribunal.

https://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability

OP's son has a life limiting condition so it should definitely qualify as exceptional circumstances.

@Coastingtohell25 have you thought about what you are going to do? The overwhelming feeling here is that the school are wrong on so many levels for not making reasonable adjustments for your child to attend the residential.

Have you any thoughts on pursuing this?

May I ask, how does your child feel about not being able to go?

I am so cross on your behalf. I feel that many on this thread are too.

Can't believe the awful people here telling you to send your poor son into school on his own

Enjoy the holiday and fuck the fine, pay if you don't want the hassle but it seems to be blatant discrimination to me

I absolutely agree.

The best case scenario is he is supported to attend the school trip by an appropriate health professional, but next best is a family trip with similar experiences.

Normally I am 100% behind fines for absences, but in this specific case it's just extremely unfair. He's not missing lessons he'd have to catch up on, because the rest of the class aren't having any.
Schools are actually allowed to make exceptions, so I would write to them very formally and cc the governors, setting out the fact that the school have made no accommodation for him to go on the trip that everyone else is going on, and the reasons why he cannot go without them (nurse etc) and request their reason for refusing to allow an exception for absence in this case. Also request that they set out what educational activities the children on the residential will be doing, and how that relates to the educational activities that your son will be receiving in the school setting, in comparison with the activities that you have booked for him privately at your own expense. Try not to say holiday - you're basically replicating the residential to the best of your ability so your son can have a similar experience to his classmates' trip.
If they refuse to engage or give you a reasonable reason for refusing the exception, you will at least look like the reasonable party if you do go to court.
The government guidance says "A holiday is generally not considered an exceptional circumstance. You cannot usually take your child away during term time."
It is not banned outright. Definitely make some noise about this among the other parents, and the parent governors - it is very unkind.

I would claim he is off sick- self certify. Lots of bugs around.

How did you get on? I wouldn't have paid.