Court proceedings for school absence

[Targeted101]

Please bear with me, this is a long one!

also posted in Primary Education

My children's school instructed the Local Authority to issue me with a Fixed Penalty Notice in July of this year following an unauthorised absence.

For context, the absence was due to the children's dad taking them on a holiday for 5 days during term time. Dad and I are divorced, and have a very strained relationship. There have been previous Court Orders in place due to DV (perpetrated by him) and whilst he does maintain a good relationship with his children, our relationship is very dysfunctional.

Notably, there is no Prohibited Steps Order in place, so I have no legal power to stop him taking them out of the country (we have equal PR).

The school wrote to me informing me I was to be fined for this unauthorised absence and to expect a FPN from the Local Authority, which then arrived.

I contacted the Headteacher (who knows the extensive complex history and personal circumstances between dad and I) and confirmed that I had no part in this holiday - I didn't book it, pay for it, go on it or even consent to it! But ultimately, my lack of consent is a civil matter, not a legal matter.

She responded to say she would not be withdrawing the FPN as it sits with the Local Authority.

I then contacted the Local Authority, outlined the above, and was informed that FPNs are issued against 5 criteria and cannot be withdrawn, though they did advise me to go back to the Headteacher as criterion 3 states that FPNs are at the discretion of the Headteacher and are based on individual circumstances ie they can't cancel it, but the Headteacher can so to ask again.

I contacted the Headteacher again, and was contacted on the last day of term at 3.30pm to confirm she would not be cancelling the fine. Reasons given were largely she is following Local Authority policy & both parents are responsible for ensuring their children attend school. Again, I contested that 2 separated parents can be re-banded together as one party when our marriage and financial ties have been legally dissolved!

Fast forward, after raising this issue with my local MP, as well as the board of governors after unanswered emails from the school, the unpaid FPNs have now resulted in Court proceedings against me.

I have received a section 444(1) and I'm charged with failing to ensure my child attends school regularly (2 charges of this for 2 children).

The prosection case has been shared with me, and is full on material errors, including my name being spelt incorrectly in all FPNs, and incorrect recording of absences.

This 5 day period of absence was the first unauthorised absence they've ever had (year 5 and 6) since being at the school, but the attached Attendance Certificate has recorded another absence as unauthorised prior to this.

I've contacted the school again and asked for the incorrect data to be rectified (a 3 day sickness absence just before half term was recorded as unauthorised when it shouldn't have been. I followed the school policy and kept them off school for 48 hours following sickness & diarrhoea).

I've been told that they will not update thir record as, and I quote, my "ex husband told them we were on holiday" - they had called him during the half term week when we were actually away.

When I challenged this, I was then told "another pupil also said you were going on holiday". Again, we were, but not until the weekend and all days of the holiday were during the half term.

I have provided the school with confirmation of my holiday and I'm yet to hear back from them.

I intend to plead Not Guilty and include in my statement that I'm not the person the FPNs have been addressed to, and there are errors in the Attendance Cerificate which form part of their prosection.

I also have to highlight as this charge is a "strict liability" charge, there are only 5 accepted defences in Court. Only 1 of them potentially applies to me "unavoidable cause" i.e. I couldn't take them to school as they'd already left the country.

My question really is has anyone else experienced such extensive measures to prosecute a parent? I feel my individual circumstances are being totally ignored, that they're looking simply to prosecute and not support me, and of course this pending Court trial is causing significant distress.

My work means I travel abroad frequently, and therefore cannot have a criminal record.

The easy option would be to suck it up and just pay the fine, but I really don't see why I should have to when I had absolutely nothing to do with this absence!

It's also gone beyond that stage now as pleading guilty would mean I'm sentenced.

I'm concerned of this happening again in the future. If he decides to take them out of school again, and as I have no legal power to stop him, I potentially face all of this again.

Thanks in advance for reading, and please advise if you've experienced similar!

Edit: dad has also received a separate FPN and Court notice. He has, and will, ignore both and isn't concerned about the outcome.

(not a lawyer this might be a terrible idea)

thinking out of the box - is paying the fee now and going back to your ex via small claims a possibility?

I don't think that's an option as pleading guilty would mean sentencing, which means I lose my job.

I don’t have any useful advice but what an absolute nightmare

what the hell is going through the head’s head to make this the hill to die on? It seems cruel as well as stupid

I wonder if there is some sort of counter legal action you can start or threaten, on the grounds of them vexatiously prosecuting you or something? (IANAL). Are you sekeing legal adivce? (Some might be available on your home insurance)

Why are they going after you, rather than the other parent?

I've heard of similar happening before and it's disgusting frankly that someone can be prosecuted for the actions of another person when they did not agree, participate in or consent to the actions concerned.

What did your MP say when you contacted them? There needs to be a change in the law.

Produce all your evidence logically

photos of texts to other parent saying you do not consent to holiday

details of all correspondence

judge are very very reasonable

show your holidays
d and v etc
and all your proof

the onus is on them to prove that your ex - is his name on anything or are they just going after the women and mums?
took them with your consent

in the meanwhile file for a prohibited steps order and non molestation order
the court will probably find in your favour when they learn of the stress that he has given you

you can then state you have applied for a PSO and a non molestation

I would also demand costs from
the LA for any solicitor, time off work etc

and if they haven’t named your ex in the proceedings I would rip them apart on sexism

you might find a local sympathetic journalist you would be willing to look at the facts and publicise your case - tread carefully with this one though

do you have anything in writing regarding ex's holiday plans and ideally you objecting due to school attendance?

tbh it sounds like you can't afford not to lawyer up.

Your strongest suit is unavoidable cause. You need to submit all the documentation that you have of the domestic violence your ex inflicted on you and explain that you are not in a position to prevent your ex from removing the children to another country or even keeping them out of school in the UK because of the lack of a prohibited steps order. Include documentation of the refusal of the order if you have any.

You should not rely on the technicalities, but do mention them. You should mention the hearsay that the school accepted from the child who said you were on holiday when the children were absent. Do you have this in writing? If not then you need to get the school to put it in writing. If the HT refuses, then file a motion to compel the HT to produce all documentation related to this.

I would strongly advise you to do whatever it takes to hire a barrister to represent you.

When all of this is over, you need to get a prohibited steps order in place. He currently has it in his power to disrupt the children's education and get you sacked.

And you need an amendment to your custody and visitation agreement to the require that you both must consult with the other and get written consent ofbthebother parent if the children are to be taken out of school for any reason other than documented illness. That way, if he goes ahead and takes the children away during term time you can file a motion against him on grounds that he did not consult, or took them regardless of your refusal to consent. He can be found in contempt of court if he violates a court ordered consultation process.

Best to require permission for all trips abroad too, both in term time and holiday time.

This is absurd. How on earth do they imagine that you had any control over this at all?

Have you contacted your Member of Parliament?

OP, this sounds incredibly stressful. Is it not just worth paying the fine and getting on with life?

It is standard for schools to issue fixed penalty notices for students taken out of term time for holidays to both parents. I know this is unfair. It just seems all this effort you are putting in to contest it, plus the potential of losing your job isn't worth it over a fine?

Have you gone to a barrister yet?

you can self appoint one direct - you don’t need a solicitor!

Try www.bestcriminaldefencebarrister.co.uk/criminal-defence-barrister-blog/2016/april/11/taking-children-out-of-school-during-term-time-a-criminal-barristers-view/?amp=1
qQuentin Hunt?

I have responded on your other thread. Just to pick up on something that has been suggested on this thread, this is not a vexatious prosecution and there is nothing here that you can take action against the LA for.

Thank you all for the advice and recommendations.

I have all communication documented, and any phone calls I've followed up in the form of an email outlining the minutes.

On the basis that the Attendance Certificate holds incorrect data, hoping it won't get to trial stage, but I fear that's just wishful thinking based on the schools insistence to fine me so far

You absolutely need legal representation here.

Please do / pay whatever it takes to instruct a barrister.

This first hearing might just be for your plea. It is sometimes the case that they list multiple hearings on the same day and the guilty pleas are dealt with and the not guilty pleas are adjourned for trial (not a jury trial, the magistrates deal with it) so I’d check that. If there are going to be similar cases to yours, as in school fines, prior to yours on another date go to the courthouse and see if you can observe as you’ll learn a lot about what to expect. I find it strange that your ex isn’t paying either so it would be worth finding out whether you’re both listed as codefendants as his case would be relevant to yours and vice versa.