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?

[Gdydgkyk]

OPs phone bill will have a log of calls made. Maybe email future absences

[Gdydgkyk]

Have you evidence in old reports of the percentage of surprised absences

[Gdydgkyk]

Unauthorised absences rather

[LambethWalk]

EWOs have to follow a legal procedure before court action - letters, pre-court meetings etc. They can't just take you to court without following a process.

It sounds like anxiety is a factor here, not just physical issues.

[Gdydgkyk]

Year 7 is an anxious year for some. Huge changes.

[Gdydgkyk]

Yes good idea to find out procedure

[TealFanClub]

Having. Go at the EWo won't help your case. Is your kid at school? Yes or no. If no do you have good reason for her not to be?
If not there's only mitigation. It's an absolute offence.

[TealFanClub]

There is a procedure with penalty noticed etc and monitoring periods.

I don't know if it's law or guidelines though.

[Starlightbright1]

This may sound obvious but have you had a meeting with the school? Has EWO decieded they are unauthorized or the school?

[GoblinLittleOwl]

Sorry, but what shows most clearly in your posts is your antagonistic attitude towards the school, EWO and posters who don't provide you with information that you consider helpful to your case.
The most important issue should be your daughter's missed education, underpinned by health issues which do not seem to have been made clear to the school, and possibly your doctor. The school has to take action about these, and you don't seem to have provided sufficient information to satisfy them.
You need to communicate more frankly with the school, get a definitive diagnosis of your daughter's health issues, and tackle them together. A court case may be the only way of forcing you both to confront these issues.

[lougle]

CD is Conditional Discharge, I think.

[TealFanClub]

sorry yes, thanks L

[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

[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

[Gdydgkyk]

Have you been invited in for meetings OP?

[TealFanClub]

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

[Gdydgkyk]

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

[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.

[TealFanClub]

this is in England, right?

[TealFanClub]

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

They will have one.

[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?

[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.

[TealFanClub]

you need to read the HEad's PA then

[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

[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