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Secondary education

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Original poster

Has anyone gone to court over attendance fine?

88 replies

Stclements115 · 10/07/2023 10:51

Just briefly (I can add more info if anyone is interested and can offer advice) - We had to take our son out of school for 5 days due to a self employed work clash which meant we both had to be away from home and had no choice but to take him with us- we informed the school beforehand and they didn’t authorise and therefore we have both received a fine. My husband feels very strongly that he wants to contest the fine due to our unique situation. This situation is very rare for us but as self employed people (in a cost of living crisis) there are rare occurrences like this where we cannot turn down work.
Eager to hear from anyone who has declined to pay fine and gone to court in a similar situation? Thank you!

OP posts:
SarcasmAndCoffee · 14/12/2023 19:04

Next time just say DC is unwell

OrangeDeSeville · 14/12/2023 19:40

The system is broken. DC has 95% attendence rate and 2 day mid week absence for going my company offsite events (a conference for international families) resulted in 60 pound fine per parent. I could have lied as sick leave etc. The UK education system just let people know they will get penalty of being honest.

Pythag · 14/12/2023 22:07

As a teacher I really support the fines. It is so sad when pupils miss out on education because parents do not prioritise the learning of their child.

BellaTheDarkOverlord · 14/12/2023 22:17

My dd had to take a day off school last year for her sister’s birth. She had 100% attendance apart from this one day. It was totally unpredicted her sister would be suddenly born at 29 weeks and she would have to go over an hour away to stay with non driving relatives as our organised childcare was abroad for that week. I did everything in my power to get her to school but we really had no choice. School were lovely about it though.

SpringboksSocks · 14/12/2023 22:31

AP5Diva · 10/07/2023 17:18

@Levi1982
I agree you will get more if you start your own thread, but my contribution is to scrape together the £400 or so (or even credit card and pay off) to have your son privately assessed for ASD and ADHD. They are umbrella terms for such a wide swathe of ND and without an individual assessment the school will be doing trial and error, often error by not knowing his specific needs and accommodations. A private assessment will include specific accommodations recommended by the Ed. Psych for your DS’ specific subtype(s) of ASD/ADHD

I’m afraid you’ll never get a legitimate assessment for ADHD and ASD for £400.

Askingforafriend11 · 20/04/2024 23:09

My daughter was struggling at school but we were actively try to get her to attend - she took and overdose and was in hospital for two nights - I kept in touch with the school and even called a meeting a couple of weeks later with my child and the have fine me for the the period over this happed .. I’m so angry and in shock that they would do this. I de registered my daughter and I feel this is a direct result if that as the fine is from January - where can you fight this ?

prh47bridge · 21/04/2024 09:54

Askingforafriend11 · 20/04/2024 23:09

My daughter was struggling at school but we were actively try to get her to attend - she took and overdose and was in hospital for two nights - I kept in touch with the school and even called a meeting a couple of weeks later with my child and the have fine me for the the period over this happed .. I’m so angry and in shock that they would do this. I de registered my daughter and I feel this is a direct result if that as the fine is from January - where can you fight this ?

There is no statutory appeal against these fines. You could go for judicial review, but that is expensive and, if you lose, you will have to pay the LA's legal costs as well as your own.

If they are fining you just for the time your daughter was in hospital, you should give your evidence to the LA as she was clearly unable to attend school, so that should not be recorded as an unauthorised absence, nor should it give rise to a fine. However, if it covers other days when she was able to attend school but didn't, I'm afraid you will have to pay.

Penguinsa · 21/04/2024 13:40

I am so sorry Askingforafriend that's really shocking after an overdose. Maybe try the NotFineinSchool group and see if anyone has experience.

School1234 · 07/09/2024 16:00

Has anyone ever received one of these letters I got sent a letter out and was going to pay it when I got payed I lost the letter so I completely forgot all about it until receiving this one I’m obviously not against paying it that wasn’t a problem but now I’ve tried looking for the other letter and it’s no where to be seen is there anything I can do so I haven’t got to go to court because I would literally struggle to pay that big fine I’m ok with paying the fine of £120 what ever it is

Lovethatforyouhun · 07/09/2024 16:03

Maybe focus on your business and child.

prh47bridge · 07/09/2024 19:17

School1234 · 07/09/2024 16:00

Has anyone ever received one of these letters I got sent a letter out and was going to pay it when I got payed I lost the letter so I completely forgot all about it until receiving this one I’m obviously not against paying it that wasn’t a problem but now I’ve tried looking for the other letter and it’s no where to be seen is there anything I can do so I haven’t got to go to court because I would literally struggle to pay that big fine I’m ok with paying the fine of £120 what ever it is

Ring the council and see if they are prepared to accept payment now.

TankFlyBoss · 07/09/2024 19:30

I'm an education welfare officer. assuming you are prosecuted under section 444 (1) of the education act (as opposed to section 1A), It's an absolute offence which means that the local authority as prosecutor only has to show that the child wasn't isn't school and that none of the statutory defences apply. It's like driving without insurance, if you have committed the offence you've committed the offence.

You are incredibly unlikely to win, and will be found guilty. In recent years sanctions have been significant and you will have a criminal record.

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