Threat of prosecution under Education Act for child's sickness absence - who can I talk to?

[14Elephants]

Hi everyone, I can't get free legal advice from any of the charities working in family law as we are not on benefits, but I need advice. Don't want to ask CAB or just any solicitor - the neighbouring local authority where my child goes to school want to prosecute us - she's had 25 days off sick this academic year and I am not 100% sure I can get a GP to back it up with medical evidence because some days were just with a bad cold for example. Now they are saying that we should have a doctors letter to cover every day she was/is off.

We know its their statutory right but added to that the Educational Welfare Officer is gunning for us - she's a bit of a loon and was saying how she's so successful in taking parents to court that she takes up court time in other counties as well ...!! How proud she is! We're just the sort that these people go after - middle class professionals and I made a safeguarding complaint against the school at christmas, after which DD's absences were unauthorised (but they didn't tell us till after Easter)

I need to find a statutory defence or could I try to appeal to the director of education to have the case reviewed before they put the court papers in; we definitely need this EWO removed from the case, but where to begin?

I have some knowledge I work in child protection, so I know with these cases there is very little you can do - basically once the decision is made to go to court the local authority have already made sure the case is water-tight - where can I get advice - any ideas?

[gamerchick]

OP in future when you kid is off ill make a general doctors appointment, tell the school you've made an appointment for x date and get an appointment slip to hand in if they insist. I get the threats even though we have 97% attendance because the attendance officer is a complete head case. Even though the appointment is for 3 weeks later it seems to shut them up.

Then cancel the appointment closer to the time to free it up for someone needing an emergency one.

Win win. Don't forget to cancel it though.

I've had massive arguments on the phone with her about using doctors appointments for colds and other treat at home stuff. They really are lunatics.

[muminhants1]

I'm surprised nobody is picking up on the school taking retrospective action - ie authorised absence is now unauthorised. On what basis can they do that? I can accept that they would decide after so many days on a year that they want evidence (although query how, given the difficulties of getting an appointment with a GP) but surely they can't go back and say "you lied and we don't believe you about the absence earlier in the year"?

Why do they think your daughter wasn't ill? Why do they think she is truanting? Why do they think that the previous sickness absence was not sickness absence? What evidence do they have? You need a meeting with the school NOW and ask a lot of questions. Also write to them and ask all the questions so you have a paper trail. There clearly isn't one at the moment and the LA's case is not water-tight at all by what you say. If no process has been followed, no interventions, no letters and no visits, what evidence do they have that your daughter wasn't ill for those 25 days.

A school can't just say "you're lying and we're going to prosecute" without evidence. Remember you have to be guilty beyond reasonable doubt which is a high bar.

[Youknowit]

The simple fact is this: you have a legal responsibility to ensure your child regularly attends school. If your child doesn't, you are primefacie guilty of the offence. If the school do not believe that your child is ill then it is your responsibility to evidence that the child is ill. If you do that then the school is likely to authorise your absences. You cannot be prosecuted for authorised absences. If you cannot evidence it then you can be prosecuted. If you have been unable to evidence the illness then the court will convict you. Simples

[gallicgirl]

I work for a local authority, not education though.
We have to have policies for everything and follow them, particularly where complaints and court action is involved. If we don't then we could be investigated by the local government ombudsman and fined, even if we're in the right.
When I bring a prosecution I have to be able to show that I've followed legislation and procedures. The magistrates will listen seriously to any defence to show I've not done my job properly.

I thought in truancy cases, penalty notices had to be issued and it's non-payment of those fines that brings the court action. I have no direct experience though. I did talk to an EWO in court once who said his prosecution was an act of last resort following the failure of action plans and intervention with the parent.
Sounds to me like there has been no effort to intervene here.

[14Elephants]

Many thanks everyone; will update if I can/if I have news.

[Gdydgkyk]

There really must be set things that they have to do before bringing a case though? I hope so. This must all be very stressful for you and DD. I hope you manage to iron it all out

[14Elephants]

Thank you Gdydgkyk - The manager of the ESW (EWO we call them here) is the Director of Education - that's her direct line manager. Head of school - this is very particular school - it's not fee paying, it has its own bespoke academy model, but it is independent. If I told you the name you'd understand why staff in the school will not co-operate; they answer to no one.

The local authority do have guidance etc on procedures about school attendance, and EWO says its only guidance and she is under no obligation to follow it.

[Gdydgkyk]

It's pointless saying to the ESW that she isn't following the guidelines. You need to go over her head and get the facts about procedures.

[Gdydgkyk]

I think the manager of the ESW and the school head would be able to deal with the situation and check things out. You could copy in the director of education but you need fast clarification from the school and ESW service about procedure. There will be a procedure by the way, the ESW was lying.

[LambethWalk]

Your local authority should also have guidance on procedures around school attendance. Might be on the council website. Also Parent Partnership can advise - funded by LA.

[Gdydgkyk]

OP I keep saying email both the head of school and the manager of the ESW and ask them what their formal procedure is as you are concerned they are not following it. And the ESW has said there is no procedure. Then bullet point all the ESW contact to date explaining what happened with each contact and that you haven't actually been in any meetings in which his attendance was formally discussed, you haven't received any formal warning letters, you haven't received any formal home visits in which his absence was discussed as the previous ESW didn't know why she had to make contact with you.

[14Elephants]

Anyway, I am off to prepare my case to put to the Director of Education at the local authority. First I'm going to write to the EWO and school and say that we have not seen anything in writing about what we are meant to do, what we need from the doctor, or what happens next. I will reiterate that they have not followed their guidelines even though I know it won't do any good but just to put it in writing, may as well. What I need is to get some definitive statement on what they want from the GP rather than "medical letter" because that's open to interpretation and they can simply say its the wrong "medical letter".

I then need to remind everyone that we have been offered a place at another school within our own borough - sadly DD doesn't want to leave her friend but really, I don't see what choice we've been left.

If we get whatever evidence is needed from GP then we have our statutory defence; but the relationship with the school is still in ruins and if someone had picked up the phone and said hey what is wrong with your DD at any time, this could have been avoided (and before Teal loses it, yes I did pick up the phone and write several times myself and each time they ignored me).

[Gdydgkyk]

Your last email, bullet point all the points mentioned and send it to the head of school and the manager of the ESW. Ask them to clarify what normal procedure is as you have had no warning letters or meetings and you are concerned that the formal procedure isn't being followed. The ESW is coming in heavy handed with no warning.

Out line

[TealFanClub]

what she said
there is a set procedure. Warning letter, Monitoring period, Meeting with kid and parents. Monitoring period, Penalty fine, Monitoring period, Potential prosecution

[TealFanClub]

you need to read the HEad's PA then

[Whichseason]

You need to ring the school and ask for a meeting with the ewo and head of year or pastoral slt link.

25 days is a huge amount of time off and your daughter is at really risk of substantially underachieving in her GCSEs as a result of her time off. Yes, I realise she is in year 7 but if she misses lessons now she will have huge gaps in her knowledge and skills.

The EWO is certainly not got to 'get' certain groups. There will be a set produce at which will be triggered at different levels of low attendance. You need question why this has not been followed/clearly explained.

You also need to address why your daughter has had so much time off school. You and her head of year or ewo need to speak to her about any issues she may be having and find a way to deal with them.

[14Elephants]

Teal Yes its in England. The Head of school doesn't take calls, most of their procedures and policies are missing from their website, I have asked for them before, it was in December, I am still waiting.

You seem to have almost blind faith in the "system" - you say earlier that you have never given a school attendance order - so are you an EWO?

[TealFanClub]

i woud ring the Head of the school and ask what their normal procedures are for absence.

They will have one.

[TealFanClub]

this is in England, right?

[14Elephants]

No there were no meetings, no e-mail, no phone call, no letters, no discussion, no one said hang on this isn't going well - before an EWO turned up on the doorstep. She thought it was a misunderstanding. Then we were called in for what's called a Fast-track meeting but that was stopped after half an hour when no one could agree what was happening and why. We waited to hear the outcome still thinking it was all a misunderstanding, then we got another letter for a second stage Fast track and we naively went in thinking no they are going to say not to worry all sorted. But it was a different EWO, and she said a great many things about how she was so successful in prosecution they were having to book time in neighbouring courts to accommodate her, various versions of what she wanted if DD was off sick again (she wouldn't be pinned down on what evidence she wanted), and then she tried to get us to sign something which we hadn't read and still haven't, so she said we weren't entitled to sign it now anyway she was taking it away as evidence of our non-co-operation and then I'm not really sure what happened; DH and I left the room, we went home.

That's when I finally realised that it didn't matter who said what to who, basically DD has been off and unless we can get GP evidence that we need (bearing in mind the court can still say no that's not the right evidence), EWO will prosecute in retrospect. Teal this is how it happened, sorry if you don't like it, neither do I. You say earlier that there is a process to be followed and you don't know if its the law or guidelines, then you say that there are loads of holes in my account! The EWO told me they have no obligation whatsoever to even write to me before they send the file to the court. that's the sort of thing I need to get confirmed by an independent third party. Not sure what you mean by "kid is not in school" - she's had 25 days sick not gone missing for a year.

What's a penalty notice? As far as I know she's going for maximum fine. Who said I was going to go to court and say there was a vendetta? Unlike in a normal court, this demands that I prove my case, not that they disprove mine if you see what I mean.

Some else asked who changed the records to make all the absences unauthorised, I don't know, need to find out. Obviously the school office people typed it but who gave them the instruction to do so remains to be seen.

[Gdydgkyk]

If not many be you should arrange some now to show that things are moving forward

[TealFanClub]

25 days off would equate to a prosecution.
But she would have had a penalty notice first.
LOADS of holes in this

[Gdydgkyk]

Have you been invited in for meetings OP?

[Gdydgkyk]

Teal. It's not having a go at the ESW. It's making sure they are following procedure so that you aren't fined as a result of poor practice

[TealFanClub]

if you turn up in court and say not guilty on the grounds that the EWO has a vendetta against you, you will go to trial, be found guilty ( in all likelihood) as your kid is not at school and you havent provided any evidence where else she is..


I can't believe that you havent been invited in for attendance meetings.

I can only imagine what the school's version of events is