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 ?

Has a trained 1-1 but 1. They can’t do the night cares.
2 . no one would pay

But they still have a duty under the equality act. I would be pushing them hard on that angle and then offer the option of you doing your own holiday as a get out for the school in return for no fine. Or just go for 4.5 days. Register on Monday morning then take them out for an appointment.

For any sensible human being, what you're doing is absolutely the right thing, however the LEA will fine you and you should pay the fine as I doubt you'd win an appeal.

The other option is to not say anything but have your child off sick for a week- but the risk there is that they may someone to the house to check you're available for school (although you could have been visiting a friend/relative 2 hours away from home when your child was taken ill with severe d&v meaning you couldn't travel back home and maybe the d&v then subsided on Weds but now the family driver has it and can't drive you home so you're having to stay with your friend/relative which is fine as your child wouldn't be able to come back to school that week anyway due to the 48 hour rule.

I mean it's a ridiculous lie but it's a ridiculous situation to be put in!

Ah, that's crap for your son, OP. In your shoes, I'd just call him in sick that week. Go and have a lovely time!

Well presumably he doesn’t normally sleep at school so he probably needs overnight care but in the day is able to be away from home without nursing care

thank you for being logical. 6 hours a day is very different to 24 hours for 5 days.

You say "we booked" so presumably there's another adult in the house? Why couldn't one of you stay at home with the other kids and carry on, and the other go on the trip?

Also... Where was the 1 to 1 the week of the trip?

I say we but it’s a friend, I’m a single mum.

Ok, so he can't attend the trip.

The point remains,you still took him out of school, and this won't be a winner in court.

Just pay the fine.

The 1-1 won’t be at the trip at all and if DC is not in school they won’t be at work ( agency )

It’s a hill I would be absolutely be prepared to die on. Stand your ground and go to court if required. I am so thankful they don’t have this ridiculous system in Northern Ireland. Educational outcomes with our system are good for GCSE - Students in Northern Ireland achieved the highest proportion of top grades in the UK, with 37% of entries given an A or A*.

What reason would the court agree with the OP? The school was open and the child could have attended, but the mum decided to take him on a holiday instead.

Schools have to follow DfE guidance. If your child does not attend the residential or school, the child is absent. (photo 1).

If you are claiming that your child is attending another educational activity (with you), then there are also rules in the guidance to be followed, including around safeguarding. ( photo 2)

School should be making adaptations so that your child can attend the residential. This is what your focus should be.

If not your child is absent, accept the fine.

https://assets.publishing.service.gov.uk/media/66bf300da44f1c4c23e5bd1b/Working_together_to_improve_school_attendance_-_August_2024.pdf

Why take him somewhere else to do the exact same activities?
Clearly his medical issues don’t preclude the activities?

It is crap for your son, and I can see why you say it’s harsh. I think you did the right thing having a similar trip yourselves.

However, sometimes doing the morally right thing isn’t the legally right thing, and this sounds like one of those times.

I would pay the fine simply because you won’t win in court (as I understand it, not an expert!). The Magistrates will have to follow the law, not agree with you that the law is crap, because that’s all they can do.

So whatever you think of the fine - and I have sympathy with you - I would pay it.

One of my son’s good friends couldn’t go on their school PGL because of epilepsy,
which in his case can cause fits at night, and I really felt for him.

This is it, I am so sick and tired of it being hard work and being punished for something we have literal no control over.

yes I could send them to school, but who on earth thinks it would be fair to send a child who already misses out on so much to school with no peers whilst they are at a school trip because their medical needs means they can’t join in.

Legally the two issues are separate.

So you need to pay the fine for taking your child out of school, but it doesn't stop you for pursuing the school for discrimination for not making it possible for your child to go on the residential trip.

What about the whole just call the school and tell them your kid is sick thing

They 100 percent won’t be able to do some of the things but capable of some of the activities, the trip we booked we will on visit book the appropriate ones and go swimming the rest of the time.

for example can do archery but can’t wall climb
hope that make sense.

Exactly. Whether you personally consider the fine unjust wouldn't be seen as relevant by the court.

I would ask the school to record it as Education Off Site, tell them that you have great news and have managed to find an alternative provider for the school residential experience so your child will now also get to do hikes/canoes/high ropes /whatever the residential was going to cover. I would not describe it as holiday.

Sounds like you’ve gone somewhere like Centre Parcs based on your description. The fine will be much less than what it would have cost to go next week. Just pay the fine and move on with your life. You are very unlikely to win in court.

Claim two days sick, three days trip

🤣🤣 any other week I would but it would be sooo obvious.

I don't know the legalities in your case but logic suggests that it is very reasonable to do what you are doing.