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.

[dgs]

Hi. Regarding the above case, we received an email from our solicitors saying they've been contacted by the prosecutor asking whether we would be prepared to accept a guilty plea to the lesser offence of failure to ensure regular attendance which only incurs a financial penalty saying this would the need for trial and the matter would be listed for a sentence hearing instead?
Help me out?
What are they playing at?
Particularly interested in IslandGirl and Pallasathena's comments.
Genuine happy new year to all

[echat11]

Hi. Regarding the above case, we received an email from our solicitors saying they've been contacted by the prosecutor asking whether we would be prepared to accept a guilty plea to the lesser offence of failure to ensure regular attendance which only incurs a financial penalty saying this would the need for trial and the matter would be listed for a sentence hearing instead?
Help me out?
What are they playing at?
Particularly interested in IslandGirl and Pallasathena's comments.
Genuine happy new year to all

Just my fifty five cents worth, sounds like they 'realise' the weaknesses in their case, it's 'dawned' on them that it will be a waste of the Courts time. I suppose it's a way of 'back tracking' without 'dropping' the case totally. Just my initial thoughts.

[dgs]

Would they do that if they thought they had a strong case?

[PallasAthena]

What are the two offences they are currently prosecuting for?

[dgs]

School non attendance but as I've said before we are fighting the case with legal aid at the magistrates court because all of her non attendance has been genuine, always rung through to the school, doctors notes, hospital appointments etc but someone has always marked them down as unauthorised??
Now just before Xmas period we get an email from our solicitors saying the prosecutor is asking whether we would accept a guilty plea to the lesser offence of failure to ensure regular attendance which only incurs a financial penalty?
Wonder what they are playing at?
and whether we can bargain with them and get them to drop it?
THANKYOU FOR YOUR CONSIDERED OPINION
Our solicitors are back tomorrow

[echat11]

Would they do that if they thought they had a strong case?

I don't think so, but 'bare in mind' the Courts are in a bit of a 'pickle', lack of investment etc
If you went back and said 'no to the offer', that might lead them to 'drop it'. But wait for islandgirl and PallasAthena a to add some perspective on it.

[islandgirl]

To me it would all depend on the evidence you can bring to court. If you can prove that the non attendance was genuinely medical (written evidence from doctors, written admission from school of incorrect marking) then I cannot see a mags court convicting you and the case would probably be dismissed. But if it relies on someone saying "it was marked as unauthorised but was genuine" I am afraid we have heard it all before. Your solicitor knows what evidence you have. If it is of the standard required I cannot see them advising you to accept the "offer".

[JK2054]

Hi. Regarding the above case, we received an email from our solicitors saying they've been contacted by the prosecutor asking whether we would be prepared to accept a guilty plea to the lesser offence of failure to ensure regular attendance which only incurs a financial penalty saying this would the need for trial and the matter would be listed for a sentence hearing instead?
Help me out?
What are they playing at?
Particularly interested in IslandGirl and Pallasathena's comments.
Genuine happy new year to all

they are playing at we know we wont win.

[PallasAthena]

I am still not clear what they mean by the "lesser offence'". AFAIK there is only one offence, s444 failure to ensure regular attendance. This can be dealt with by a Penalty Notice or by prosecution in the Magistrates court. Are they just saying they'll drop the prosecution if your daughter accepts the PN?

As posted upthread your daughter has a defence to the charge if she can show her daughter was unable attend because of illness. Whether your daughter has the evidence to be successful with that defence we don't know on here but her solicitor should be able advise on.

I suspect that having seen the defence evidence the prosecution can see that the court prosecution may fail, but please don't take my word for that, I've seen none of the evidence and am not a lawyer.

IMO the key issue is how robust is your daughter's evidence that the illness was reported to the school at the time and that the school wrongly recorded it as 'Unauthorised Absence' when it should have been recorded as 'Sickness'. Only her solicitor can advise her on that.

She needs to be clear for all options the risk of her getting a disclosable criminal record as that could have a significant affect on her future employment.

[dgs]

A quick update
Had a call from a director of our solicitors today who has looked through our case and to comment on the prosecutor letter asking if we wanted to accept the lesser plea of failing to attend.
He thinks that because accepting the lesser plea which would only incur a minute fine payable at a lowly amount based on means (so £5 per week) or something silly like that, would probably be best based on her child's previous attendance which would get brought up, would be more preferable than pleading not guilty, being found guilty and then maybe having some sort of probation, unpaid work and the fine?
He said either way it's a court appearance and you can have your day in court and plead your case but because things are not totally in your favour you run the risk of the magistrates siding with the school.

[islandgirl]

https://www.sentencingcouncil.org.uk...-revised-2017/
These are the guidelines for sentencing. If what you have said here is true how can it be more than a cat 3 offence which is a fine.
Fines are calculated at a % of weekly income - if on benefits this will of course be a low fine deducted at £5 a week. The court does not have to allow the fine to be paid over time but usually will do so. If working the fine could be much higher.
Has the solicitor tried contacting the LEA and asking for the case to simply be withdrawn given the evidence you have? That would be my question. The fact that the solicitor seems unsure you would win (I know it is never certain but they have a good idea) makes me doubt that you have the formal written evidence you need. A court appearance is always a risk of course.