Magistrates Court due to school days off with sickness

[dgs]

So, as it stands at the moment it is going to magistrates court in January next year.
We had a preliminary hearing a couple of months ago to enter a plea of not guilty.
It seems somebody at the school was marking my daughter's little girl (age 10)
as unauthorised absence every time she was off sick multiple times, even though her mum had notified the school before registration had started on every single occasion? Of course this mark down happens silently and then gains the attention of the local education authority when it reaches a certain number who then make a decision of going down the prosecution route?
The prosecution papers are for the days between 17th Oct 2023 and Dec 5th 2023 a total of 9 days absence over that period all rung through and logged by the school before registration time yet all marked down as 'unauthorised' and includes a doctors letter?
Apparently also they are allowed to cite any previous absences over a 24 month period all mostly marked as 'unauthorised' although school were advised?
ISLANDGIRL and PallasAthena I'm particularly interested in their follow up on their previous contributions?
Our major local solicitor company (legal aid) representative has won one and lost one of these sort of cases previously.
From what I can glean from our meeting with the school legal person, deputy head and local education authority person that brought the prosecution will if they win the case against us probably will push for a one year supervision order to monitor her attendance, but if you're not well you're not well?
Thankyou for taking the time

[islandgirl]

I am surprised that this is going to court but as it is you (or rather your daughter) must be ready. You have to bring proof of illness during the 9 days. Try to get a letter from head to say kids were marked as unauthorised and not sick and produce it. Proof of illnesses (if you have any). Letter from Doctor if you went to see them with the children. We hear so many stories you have to make us believe you. If you do, you have a chance of winning. The outcome would be a very hefty fine based on income if you lose.

[PallasAthena]

From what I can glean from our meeting with the school legal person, deputy head and local education authority person that brought the prosecution will if they win the case against us probably will push for a one year supervision order to monitor her attendance, but if you're not well you're not well?

What was the purpose of that meeting? Presumably not just to tell your daughter they were going to prosecute - it didn't need three of them to do that. So what did they say when your daughter restated that her child was ill AND ( the important bit) she had notified the school each day before registration?

I've not much to add to what IslandGirl has said. Keep focused on Sickness being a a legal defence to the charge under s444 (2A) Education Act 1996

Education Act 1996

And gather evidence that the sickness was reported. I recommended earlier in the thread that youur daughter record for each of those days the time she called and who she spoke to.

And didn't the DH say to you in an earlier meeting that sickness had been incorrectly recorded as unauthorised absence? Get the DH to confirm that in writing.

Have you downloaded the school's pupil absence policy and checked exactly what it says about notifying sickness absence? It will be useful for your daughter to show that she followed the school's own reporting procedures (if she did - do they require written confirmation?).

Did your daughter keep a copy of the GP letter? If not get another copy of it from the GP. And also submit a Subject Access Request for all the information the school holds about the child.

[islandgirl]

All good advice! Preparation is key. You have to convince the mags of your case and the way to do that is written, concrete evidence.