Oh bollox :( Can someone please help me, any knowledgable law people??

[Boredveryverybored]

I've just recieved a summons to court for 'failure to secure regular attendance at school'

Now I have had a long and endlessly frustrating battle with our EWO including making formal complaints about their complete disregard for our confidentiality and telling anyone they can get their hands on it seems all kinds of personal details about us
Anyway,my dd is physically disabled and doubly incontinent. She has suffered for the last 18 months horrendous recurrant infected nappy rashes that leave her unable to even sit down without extreme pain, and in need of changing every 10 - 15 mins night and day.
Had gone through all of this with school in meeting, agreed that whereveer possible she would be sent in, but it does nobody any favours if she's sent in to spent the day in class lying on her back and being taken out every 15 mins.
So attendance is low, it was expected, we have work in place from school for the days when she's off. All's ok I think.
Then the EWO gets involved, I understand they have to investigate when attendance is consistently low. So complied with everything they wanted, note from Dr, another meeting with school etc.
Then I got another letter from them saying attendance MUST improve or action will be taken, explain to EWO attendance will not improve, until current problems are solved.
He tells me in that case get a dr's note for each absence. Pain in the arse but fair enough, since then I've gotton a note every time she's off.

And now this!? A court summons, I thought I'd done everything they asked of me.
Have read enclosed statement made by EWO, which accuses me of being 'extremely and unecessarily overprotective of dd'
He even put in there that on the last occasion he visited me - without any prior warning and without making an appointment I might add 'that I refused to invite him into my house' FFS I was on my way out!!

Sorry this is long, but I'm shocked and angry and bloody terrified now. What do I do? What will happen at court? Do I need a solicior or can I do this myself?
I have never even set foot in a court before I have no clue about anything.

Bump...please help

I don't know anything about this sort of thing - but I think my first port of call would be the Citizens Advice Bureau. And I was also talk to the GP - presumably he can back you up since he has been giving you sick notes for her.

It does beggar belief that they think it would benefit anyone for her to be at school in her current condition - surely it wouldn't help her, the staff or the other children.

I hope things improve for you soon.

OH I'm so sorry

I thought this had been sorted out a few months ago. FWIW, I know it's scary, it may not be such a bad thing - it gives you a chance to get this sorted once and for all. Make sure you have documented all the days off, when you contacted the school, what DD did at home, meetings with school, EWOs etc. Did the EWOs have any helpful suggestions? Would it be possible for DD to have a tutor at home (LEAs provide them for children who are hospitalised or too ill to attend school- I don't see why DD couldn't have one too, if she is able to work at home on the days she can't go to school although I imagine if she can't sit down, getting anything done would be a bit much).

You are a mother- you are allowed to be protective of your dd. That is your job.

I do think you should get some legal advice - maybe try the CAB on Monday or talk to a solicitor - didn't you have one before?

When is the court date?

big {{hugs}}

(I'm on msn if you are still around and want to chat)

Thanks everyone. I'll call the cab on Monday. I already have a statement from my GP explaining need for absences, but am going to ask him for another, more comprehensive one.

I think I missed you on msn mamama, am off out in a little while, but will catch you later if you're around
x

What sort of school does she go to?

It's a mainstream school but has merged with a special school. Am not sure what the term for it is, inclusive maybe?

What sort of care can they offer? Is it a pd inclusion unit? What I mean is cant they not take care of her medical needs there?

They can to a degree, they have all changing facilities and staff to handle that.
But when she's as bad as she gets, its hugely uncomfortable for her, and she would get nothing from the school day at all. She certainly wouldn't be able to participate in any play or socialising with her friends, and I'd be very dubious about any ammount of work getting done in that setting.

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I do when it's at it's worst cod yes, it's that or listen to her whimpering with the pain.

Although sometimes I'll just up and put her in the bath for an hour to relieve it, and me!

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What will happen at court? can you tell me?

I do a lot of not sleeping. My mum is a huge help times like that she will take dd from me and let me rest.
Never thougth it would be an advantage in anything but I have chronic insomnia anyway, so more often than not would already have been up!

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No idea about court. Personally I think there should be more help for you from the school though. There are kids at my school who sometimes recieve very little actual educaiton but do get their medical needs met and their parents get some relief.

Thanks cod, I'll definitely need to call a solicitor then?

Oh I wish Hercules. The school is a great school it really is, and they have a lot of disabled children there, but there's definitely a limit to what they can deal with there.

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Seems a shame for both of you really.

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Have had lots of meetings with school cod, anytime they've requested one, and lots at my instigation. I only have dd.

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If you have professional medical opinion to back you up - ie your GP agrees that your dd was too ill to be in school - then the EWO will back off.

If, however as seems likely your GP agrees with the EWO then you've got a problem.

Can I ask how old she is, and what % attendance she has for last year?