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 ?

How would I make it possible, I’m willing to listen to your solutions ?

I would totally go and enjoy your own trip, but would avoid any conversation with the school trying to justify it.

Call in sick! it maybe obvious why your DC is not in school, but I am sure that the school equally feel for your dilemma but their hands are tied if you ask for permission. I would hope they would just let it slide, and be grateful for the opportunitiesfor DC, if you call in sick

Who is teaching the child if the teachers are away on a trip with the class?

Does he just get crammed in another class with older or younger kids doing different stuff?

What work will he actually be doing?

He can't really be taught stuff the class would as a whole week long private lesson just to himself, and then be expected to redo the whole thing again unnecessarily and they won't hire a stand in teacher just to do that. plus why would he sit the same lessons twice.

Lets face it it is not going to be lessons hes missing and he will just be expected to sit and do nothing of the curriculum really. Probably given some woefully pathetic likely non relevant extra curricular homework sheet or told to read a book with no actual guidance for a week at the back of another class which is not appropriate schooling.

People have actually won, so everyone saying you won't win is wrong. Parents of disabled children actually have protections under the disabilities act and equality act which would especially apply under circumstances like this.

Well.. he could just be poorly? We can’t predict the future now, can we…x

The ONLY way I could have made it possible was by paying for nurses and insurance.

that would of come to 21 an hour

Because the child CANNOT go on the arranged trip. This is not a choice by the parent.

I'm a full on believer in your child should be in school when it is open, and not on a jolly in Spain, but this case is very different.

I would say to the school "either you take him away (and pay for it) or i do. He is not missing out"

I can see your point, OP. It feels like discrimination that it wasn’t possibly for only your DC not to be able to go on the trip. So I can see why you’ve booked your own trip.
But you wouldn’t win, so just pay the fine and enjoy your week away.

This..same in NI..its sooo bizarre and unnecessary. Particularly in this situation. And the fact that most people think you are being unreasonable?!

Totally shit on behalf of the school but not worth the risk of going to court.

I'd call him in sick for the week. Hopefully the school won't be such bastards as to fine you given the circumstances. But if they do, I'd pay.

If the school don't want to facilitate the child going on the trip, what's the OP supposed to do?

I might be wrong but under disability legislation aren’t the school under a legal obligation to make reasonable adjustments so he can take part? So they’re in breach of that? So if they take you to court you can also take them to court?

Alternatively you could phone him in sick and say his MH is being affected by not being able to go on the trip all his friends are on. Your poor DS OP. I feel very sad and cross on his behalf. I hope you all enjoy your holiday.

Schools are failing disabled, sick, SEN children so badly.
I am.so.sprry for how your child and family has been treated.

In your shoes I would absolutely be arranging our own trip. No way would I force my child into school when all.his class are out on a residential trip having fun. It is bad enough that they have been excluded by the school without rubbing the child's nose in it

In relation. To a fine. I'm not sure what I would do. I would like to think o would fight it and get it front page news but I think I would likely pay it and move on. Logic would make me feel you should win by LA are not to be trusted. And the legal system doesn't always play fair.
Fightong.tje fine would cause more stress

However, if people don't fight nothing will change

So I don't know what I would do or what you should do but what I do know is that taking your son on holiday is right and that the LA does not consider what is best for children and is wrong to fine in this instance but the law will likely be on there side

FOR ALL THE THICKOS WHO CAN'T COMPREHEND THE OP: SHE HAS TRIED TO FACILITATE HER SON GOING ON THE TRIP. HE CAN'T BECAUSE HE NEEDS OVERNIGHT NURSING CARE BUT HE CAN GO ON HOLIDAY WITH HER BECAUSE PRESUMABLY SHE DOES HIS CARE ALREADY. SHE CAN'T GO WITH HIM BACAUSE SHE HAS YOUNGER CHILDREN WHO DON'T NEED TO GO TO SCHOOL AND SHE'S A SINGLE PARENT. SHE CAN'T TAKE HIM EVERY DAY BECAUSE IT'S 4 HOURS AWAY.
SO CAN WE PLEASE STOP WITH THE ARSEY QUESTIONS AND AT LEAST OFFER SUPPORT.

I couldn't go on a school trip and I still attended school it didn't hurt me going in. There was no fines back then I went to school in the 90's. Suck it up and pay the fine times have changed. I don't blame you for taking him away on holiday.

It really doesn’t matter what your opinion is. Not being harsh, but it’s true. The LA will make you pay it. School is open, child should be at school. It’s that simple.

I have never known anyone to get out of paying.

Couldn't you go due to a disability like OP's child or was it something else?

In writing?

I think booking yourself and taking him away with his brother's or sisters is a great idea. In a fair and kind world school wouldn't fine you. I'm not sure what I would do but I think I would expect them to waive any fine given the circumstances. If they fined me I would probably pay because I wouldn't want to go to court but I would still think I had done the right thing in taking my child away.

My parents couldn't afford it. The op could fight the fine in court she may win due to her son's disabilities. She would need to get advice first before making that decision. She will be attending the magistrates court and could potentially pay more and get a criminal record. She may be put on a parenting order. I don't know if it's worth the fight.

@Kirbert2 she did the right thing taking him away. i am not disagreeing with her choice.

I'm in a similar position and I'll be saying that my son is ill. If they make a fuss about it then I'll be prepared to go to court over it, especially due to the fact that it would be discriminating against his disabilities.

I'm sorry you missed your school trip, these days I'm pretty sure they help families who wouldn't be able to afford it otherwise.

It is absolutely not fair on your child. They can’t meet their medical needs on their trip. Your child is missing no education as the rest of the class is not in school. The head teacher is crazy for pushing this. In primary school my kids had good attendance but they would have missed the odd day here and there, i would have been honest as to why they were not in. Took oldest child to London to see a show and missed the Friday and Monday and told the truth. Head teacher asked me to just say they were sick in future. Nearing GCSE’s I texted school every day for near two weeks to say child was sick. They should be in school to study but why waste 2 hours travelling there and back when you can study at home they got 5 A*and 5 A’s in their GCSES. Have another child who I would not permit to miss an hour of school as they are not as disciplined. I am shocked at the amount of people saying it is ok for your child to sit in school for a week when all their friends are on a jolly🥲

from a completely logical point of view I feel that you are in the right, and that what you are doing is best for your son given the circumstances. However whatever is easiest for you going forawrds from this point I would recommend. If paying the fine is possible and just putting it behind you then just do it. If you have the energy to go to court, then go for it.
i’m so sorry that you are even having to think/ cope with this

Is it possible to have the absence as just 8 or 9 sessions so as to avoid the fine?