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]

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]

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.

[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]

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.

[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.

[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]

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]

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

[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.

[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

[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.

[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.