Sickness / Abcence Fines

[PhilGT]

Hi there

Just wondered if someone could shed some light on a query.

Last year my son was sent home sick on several occasions and then advised he couldn't return within 2 days due to sickness. (he is incontinent and often messes himself to give the illusion of diarreah and then found to be fine later in the day)

At the start of this year (Year 1) there was a mailshot sent to all parents advising that they will be issuing fines for people not in regular attendance back in line with pre covid rules.

Now with the schools track record of constantly sending him home due to messing himself i'm concerned.

What happens if the school sends him home and stops him attending again for minimum of 2 days again on a regular occurance.

I'm not willing to pay a fine, if i am willingly sending him to school daily and they are sending him home?

Any advice would be appreaciated

Anyone able to offer any advice, it has happened today, so two days off when there is nothing wrong with him!

If it is a disability or medical concern, sending him home could be discriminatory and an illegal exclusion.

Hi Lizs

I thought so also, which is another avenue i may have to look down.

The concern is just what will and wont get us a fine.

He was sent home 5 times in F2, which ranged from us kicking off and sending him even though they wanted 2 days off to 2 days a time.

Then his report shows amber attendance, yet we are sending him :-(

I will happliy send him to school daily unless he presents sickness whilst at home. (in which case instantly sent home so pointless sending him)

Just so frustrating being in this situation.

They can only fine for unauthorised absence. They can't argue that an absence is unauthorised when they are preventing him from attending.

As LIZS says, what they are doing sounds very much like an illegal exclusion and could be a breach of the Equality Act. If they again tell you to keep him at home for two days, you should tell them that you will not accept any further illegal exclusions and that you will be sending your son to school unless he is sick.

I don't think they would issue a fine where it was quite clear that the child was ill (or thought by the school to be ill). Sometimes parents of a child with low attendance are asked to provide evidence of illness.

You should seek a discussion about whether the rule on diarrhoea needs to applied in his case. Sometimes the general rule is not appropriate.

Issuing fines is generally because the child is off because they don't fancy school that day and parents happy to keep them home, or they've gone on holiday or decided to take child to the zoo for their birthday instead of taking them to school... not because of illness or waiting to re-turn to school due to the 48 hour rule.

His attendance record maybe poor due to missing school, but it's not unauthorised absence.

I think schools only issue fines if you have an unauthorised holiday, or if your child's attendance is already bad and they have repeated sickness absences with no evidence. It's highly unlikely you will be fined but for your own peace of mind, it might be best to make a record of all the occasions you can remember so far, with any evidence you have and keep records for the future.

Has your GP written to the school? They should be able to explain that the faecal incontinence can mimic diarrhea but is not caused by a contagious gastric complaint so your son will not require any time out of school.

Is the incontinence a side effect of chronic constipation? That's so common in young kids, I would have thought the school would have an understanding. 🤔

Hi there
Thanks for the replies.
Spoke with school as i raised my concerns and they stated that they wouldnt issue any fines for him being sent home.
It was aimed at persistent absence which is unexplained or truenting
Thanks
Phil