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?

[14Elephants]

As a result of what Alanna, Velma and Noeuf posted I've found what I needed many thanks.

Why should anyone have to pay for a solicitor if the local authority/school decides to go after them? Never mind me, but the threshold for free legal advice from someone like the Coram Centre is about £16k household income, so that means may low and middle income families stand to become criminalised if they can't afford legal advice. There is no correlation between "successful" prosecutions and increase in attendance. In fact, most local authorities now accept that prosecuting parents tends to increase levels of absence and as a result (including the area where I live) most LA's have early intervention teams, or employ amazing strategies like, oh I don't know, ringing up and asking if everything is ok first.

[14Elephants]

Thanks lougle - that's a very good point from which to offer advice and I do appreciate it. Sorry if I seem a bit twitchy, I hate bullies and I can't stand people excusing them.

I can stand up for myself, I know a lot of families who would be floored by this and just accept it.

[14Elephants]

lougle did you manage to get support from your GP?

[SouthWestmom]

Two offences similar but one is considered a greater offence. Each has its own statutory defence.

[Frenchmustard7]

What county is the school in OP?

Can you make a formal complaint to the governors that the school recorded absences as unauthorised without your knowledge and also at the same time failed to request GP's letter - only wanting it in retrospect which seems manipulative.

[DrownedGirl]

www.education.gov.uk/consultations/downloadableDocs/Advice%20on%20School%20Attendance%20-%20Final.docx

[DrownedGirl]

'Code I: Illness (not medical or dental appointments)
Schools should advise parents to notify the school as soon as possible when a child is ill. If the authenticity of illness is in doubt, schools can request parents to provide medical evidence to support illness. Schools can record the absence as unauthorised if not satisfied of the seriousness of the illness but should advise parents of their intention. Schools are advised not to request medical certificates unnecessarily (particularly retrospective certificates), especially if the illness was not treated by a doctor at the time. Medical evidence can take the form of prescriptions, appointment cards, etc. rather than doctors’ notes.'

[Frenchmustard7]

DS's attendance was 90% with 10% unauthorised absence at Easter and we received a visit from a very nice ESW. She was very helpful, trying to find out if there were any issues, health concerns, bulling. It was really productive and she took lots of little actions - rewards for good attendance for example.

Look up your county's unauthorised absence policy. The school should be led by the county's policy.

[VelmaD]

A medical note would be a form of letter, or sickness note, similar to which you'd ask for if you were employed and asking for statutory sick. Sometimes prescribed medicine can be used as evidence as well, with the name and date. Other thing to do is to ask your GP for a copy of all prescriptions issued since September, and a covering note stating medical needs and ongoing conditions - this can then be used alongside the absences for evidence retrospectively.

For them to drop the case, you need to prove that every absence is medically required. Days off for colds, hay fever etc are rarely medically necessary, unless there is an underlying condition requiring steroids etc.

Good luck, I hope you do get the evidence you need to avoid any sort of fine or further action. But even if this case is dropped, with the EWO involvement and level of illness, you may need medical evidence from a GP for every future illness for the next 12+ months.

[Frenchmustard7]

Do you have any evidence em that you phoned/emailed in each absence? Even a itemised phone?

Also a prescription might be enough? (Take photo). Or a list of GP appointments with dates issued by the surgery?

[lougle]

It's a bit of a long story, but essentially the answer is 'yes and no'.

DD2 became very ill (physically) and anxious during transition to year 1 from year R. Initially we just thought she had a bad virus, but every time we sent her back to school she would either have diarrhoea, vomiting, a fever, etc. The school felt she was 'fine' and simply 'missing Mummy', so didn't take her complaints seriously (e.g. didn't take temperature, but when I picked her up at the end of the day it was 38.7C and she fell asleep within 5 minutes of pick up).

She had a lot of absence and it didn't look good - because I was trying to send her back to school as soon as 48 hours had followed D&V, she looked to have sporadic absence. The Head Teacher decided that I was Fabricating/Inducing Illness.

A GP said she was genuinely poorly (glands up, couldn't walk across a car park without being carried) but anxiety emerged and became a huge issue. I took her to the GP again and asked for an urgent Paediatrician review.

The long and short of it is that, after a nasty dress down from the HT in front of other parents when I asked for clarification re. doctors notes, I deregistered her immediately and moved her to another school.

Unfortunately, although she seemed to do well initially, the same breakdown occurred in transition from Year 1 to Year 2 (she doesn't do change, it seems) and whilst the Year 2 teacher was supportive and she was given nuture group sessions, it wasn't enough. So we HE for a term and one half.

Finally, I convinced her that she should give school a try again. She agreed as long as it was a 'very small school'. So I found one with just 100 pupils from Yr-Y6. She is very happy there - they 'get' her and they're willing to support her as she is - her TA sees us as she drives around our village and always pulls over, winds down the window and speaks to her. They listen when she's worried and they don't minimise it.

[14Elephants]

Thank you everyone. It makes depressing reading. French they are not disputing that I phoned in at all. The school is an academy but its status is unusual; most of the schools in my county and the neighbouring one (where the school in question is) buy in to a really good independent service where they try to avoid escalations. This school "buys" the EWO service from the local authority and simply hands it all over to them. Their position is that now that DD's absence has gone over a certain level, anything I might bring up e.g., them not notifying me of the problem, is irrelevant. In law, they have a right to prosecute and they will.

Velma also seems to be agreeing with what I was saying that even if DD attends every day bar one for the next 2 years or whatever, that one day will be enough to allow them to reinstate proceedings. DD is keen to stay at that school but they've cleverly manipulated the situation so as to make it almost impossible. I feel so sad for her, not only does she feel like death but she knows that these faceless and blameless adults are working against her behind the scenes.

lougle I am glad it was sorted out for DD.

[lougle]

Have you found out what they hope to achieve by prosecution? Are they hoping to get a School Attendance Order?

I've been thinking about this issue of retrospective changing of absence codes. You have evidence of the reports changing in their statistics. You could submit a Subject Access Request to find out if there have been any emails regarding your DD between the HT and the EWO.

[TealFanClub]

what is her attendance %?

[TealFanClub]

i have never given a school attendance order ever.

Its a fine or a C/d iME

[VelmaD]

No elephants, they wouldn't be able to go from nothing to all again on one absence - school year September to august is "reset", but if you have been flagged one year you may be asked to provide medical evidence for any further absences, simply to stop it escalating again.

At the end of the day, the school and the EWO want your daughter there to learn. That is their aim. Some of this other stuff you do need to shelter your daughter from, discussion wise, but equally you (and your daughter) need to have a look at whether all the illnesses she has do need an absence from school. What was her attendance like at primary?

I admit I am v. Lucky with my sons having very few illnesses, but equally as a single working parent I don't let them have a day off unless they are physically vomiting and banned from attending simply as I can't afford to take time unpaid as a carer. I am often surprised how easily others I know give their children time off for a cold, or tiredness. Not that I'm saying you have done this per se, but that might be what the EWO is questioning.

[lougle]

TFC the OP said almost 5 weeks off so around 85-87%, I think.

[Blablablanlabla]

Which county are you in? I'll look up the county's/ESW policy on unauthorised absence.

My school deals directly with ESW's too but they seem more human

[Blablablanlabla]

Was attendance better at primary? If you could show a good track record that might help?

[CainInThePunting]

Someone said up thread about your Councillor, I had a issue with DS' school at one point (not related but they were being very uncommunicative and difficult on an important, potentially legal issue) I called my local MP. The change was like night and day and within an hour of my call. Might be worth a call?

[14Elephants]

Teal whats a C/d?

Velma are you sure about the resetting business? I think its a rolling year at least - the reason I though they can reinstate the action at any time is that even if we leave this school they can still prosecute in retrospect. There's something in the Education Act about being out of area, e.g., cross county action, so if we return DD to a school in our own county they can still pursue the case. I'm sorry I don't agree that they want DD to be there to learn or anything like that, its their figures they are concerned about, she's nothing to them. What do you mean about *shelter your daughter, discussion wise"?

I've been googling and found some stuff in the local press about this EWO, seems I'm not the only one to have found how very much she enjoys her work. Local councillors - I'm not in that borough, I can't see any local councillors wanting to take up a case 5 miles out of their area but yes ordinarily I would have gone down that route.

Blabla I am reluctant to reveal as I think I would out myself sorry but thanks anyway. I can tell you that the EWO did not follow any of the policy on the local authority website, when I challenged that she said its only guidelines and she has no obligation to even speak to us before drawing up the case for prosecution.

Few people have asked about attendance at primary - unfortunately just to make things worse DD had a serious accident end of primary and was off school for 3 weeks with that alone.

Lougle you asked a good question, one DD asked me tonight - what do they want to achieve by prosecution? I presume its the £1k fine but also so that we are seen to be "punished"? Does anyone else know? What does the school/local authority normally hope to gain by prosecution? Subject Access request - interesting, I'll read up on it. Did you do that and did it work?

I was also thinking of doing a Freedom of Information request on the numbers of prosecutions but not sure what I'd do with the information, need to think that one through.

[lougle]

I didn't do a SAR because by the point I moved DD2 I had to focus on her needs (she was very ill and very withdrawn). However, I would have done if needed, if only to produce the telephone log that they denied keeping but that I saw the receptionist filling in as parents phoned their children in sick (I had been phoning every couple of days asking for support because I feared her illness was merging into school refusal).

[SouthWestmom]

Elephants if you look on DfE publications the figures are there.

[Gdydgkyk]

She said she didn't have to follow the on line policy but I wouldn't take her word for it. Who is in charge of the ESW service? Can you ring/email the boss and ask for policy details the ESW formal procedure and to check if she is following policy. Because going for the jugular without any warnings seems like over kill. Surely there has to be warnings and smaller steps taken before they go in heavy handed.

[Gdydgkyk]

I also agree that schools don't have pupils best interests at heart. Health (physical/mental) is number one for many of the parents I know. High attendance figures at a school means a better ofsted and sometimes a financial reward for some.