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Magistrates Court due to school days off with sickness

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  • Magistrates Court due to school days off with sickness

    Hi guys, my daughter's 9 year old girl was off sick from school late Nov 2023 until early Dec 2024 (approx nine school days). She and her mother were very sick at the same time.
    She always phoned in each day and the school have records of this and any messages, which we have copies of. They even had a school attendance officer woman who turned unannounced at their door one day, presumably to try and see if she could catch them out. My daughter answered the door looking like death and gave her short shrift.
    When she was a bit better she got her into the doctors surgery where they were both found to have an upper respiratory tract virus and not to go back to school until we'll enough.
    The school were sent the doctor's letter which they acknowledged. She had a meeting with the deputy head and developed a plan of action for her daughter's future attendance. ( but if you're not well you're not well?)
    Well it looks like the local authority school attendance officer has gone out on a limb with this for some reason and put it through to the magistrates court, because the next thing that happened was some documents came throughfrom the court asking her to attend a couple of weeks ago. This court is a 76 mile round trip which she is unable to make, she doesn't drive and public transport is hopeless and not direct.
    She saw there was a section that in her absence she could list details of her side of the situation and post it off to them, which she did.
    She received today this letter (see pic) which said her case has been adjourned until early July when they will decide how the 'trial'? will be conducted and she needs to provide the court of any witnesses she wants to call, the trial will then be adjourned to another date when there is sufficient court time to hear the trial in full?
    Don't really know why it is so heavy handed like this? The school are unaware of there being a 'trial' as its not them that instigated this.
    They have been extremely happy with her daughter's school work, and her attainment is always really good as are her school reports, she has never been late going into school, always well presented and her health and attendance recently the school are very happy with.
    So the first date in July which is just to decide how the 'trial' will be conducted and may only take 5 minutes? she won't have to attend that will she?
    I looked online and it said legally you can challenge the grounds on which you have been prosecuted if:

    Your child's absence was authorised by the school
    (They were kept aware throughout including a doctors letter)

    Your child's absence was caused by sickness and a doctors note must be given.
    (Yes see above)

    So in essence this just sounds like a Local council School Attendance woman has just got a bee in her bonnet over this and it has got like this without the school knowing? (May call them as a 'witness')

    Thankyou for taking the time to read this and any helpful comments of how to deal with this heavy handedness is appreciated.

    Tags: None

  • #2
    Sorry Should read Nov 2023 - Dec 2023

    Comment


    • #3
      This all sounds very 'heavy handed', a waste of the Courts time.

      'So the first date in July which is just to decide how the 'trial' will be conducted and may only take 5 minutes? she won't have to attend that will she?'

      The first date is July, I would submit as much evidence as possible. Your daughters Witness Statement, well drafted, a Doctor's Witness Statement anybody else involved in the care of the 9 year old. A chronological summary of dates / events. You might be able to stop events proceeding. Make sure send that in before the Hearing.

      https://legalbeagles.info/forums/for...ess-statement/

      You need to make your case, I know it's 'ridiculous'.

      islandgirl will know what's what on this.

      Comment


      • #4
        Thankyou fior that reply.
        If anybody else would like to add anything to the above?
        Particularly if islandgirl has an opinion on this and is free to comment?

        Comment


        • #5
          If all is as written above this does seem terribly heavy handed and downright wrong. The legislation is to deal with those who deliberately miss school for a non legitimate reason (family holiday, can't be bothered, don't believe in education - I have heard it all). Ecaht offers good advice but I would try to get this stopped before that date. Speak to your local councillor and explain what is happening and ask them to try to get the case withdrawn. Launch an official complaint against the education department (details of how to start the process should be on the council website), There is a "trial" because you have pleaded "not guilty". The school is correct that this is out of their hands - they do not make the decision to prosecute - but I would strongly advise asking them for a statement saying they are happy with attendance and attainment. Big question - what is attendance like now? That statistic is usally part of the information magistrates receive.

          Comment


          • #6
            Is there a previous history of school absence?

            Are social services involved?

            Council's don't usually go straight to magistrates court. First you would normally have received a fixed penalty notice (FPN). Have you previously received an FPN?

            If you have received an FPN did you pay it?
            All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

            Comment


            • #7
              Thankyou

              Comment


              • #8
                Thankyou both island girl and pallasathena
                Regarding the attendance since and now it has been perfect
                Regarding an fpn yes she did get a fan for £60 which unbeknown to me she ignored because the sickness was genuine, it doubled to £120, she ignored that as well then obviously the notice went to court where with costs etc it ended up at £500 which she is now paying monthly out of her benefit. She is a single mum in a rented place with her daughter, no father around, he died a few years ago with cancer. She is so distraught about this, doesn't want to go to court, she is really upset by the whole thing, all this because she's a good mum and wouldn't send her kid to school with an illness. By the way as you might have guessed the school is an academy.

                Comment


                • #9
                  The prior history of absence and ignoring FPN may explain why council has gone direct to court proceedings this time.

                  Being too ill to attend is a defence to the charge BUT from memory parent is required to notify school of the illness each and every day. It sounds like that did happen so your daughter needs to get written confirmation of that from the school
                  ​​​​​​
                  Gathering the medical evidence of illness will.help your daughter's case. The fact that a council officer called and found them in (IE they hadn't gone on unauthorised holiday) is also useful support

                  The sickness defence is in s444 (2A) Education Act 1996
                  Last edited by PallasAthena; 15th June 2024, 20:38:PM.
                  All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

                  Comment


                  • #10
                    Thankyou for your help will let you guys know what happens

                    Comment


                    • #11
                      Just to add, you can send the School a SAR, so you are using information from the School to support your Defence.

                      https://legalbeagles.info/library/gu...-court-claims/

                      Comment


                      • #12
                        I've thought about this a bit more dgs and something isn't right about this. Local authorities are responsible for bringing magistrates court proceedings for non-attendnace (including for academies) so this would have gone through their legal department. They would know that sickness is a justifiable reason for non-attendance [s444 (2A) Education Act 1996] so why would they have authorised the prosecution?

                        The most likely reason, I suspect, is that the school have not recorded the absence as due to "Sickness" in the statutory Attendance Register but as "Unauthorised Absence". Local authority prosecutions rely on the school's Attendance Register as primary evidence of the absence and its reason.

                        So your daughter needs to get a copy of the school's Attendance Register for her daughter as soon as possible and see what absence codes have been recorded. Get the copy of her attendance for this school year, since September 2023. The Attendance Register is held electronically and the child's attendance record can be printed out at the push of a button so no reason for school to delay. It should include the absence codes.

                        If it does record Sickness then the LA needs to be challenged on the legal basis for bringing the prosecution. The LA is the 'prosecuting authority' for school non-attendace so can withdraw the prosecution at any point.

                        But if it records Unauthorised Absence this is the central issue that your daughter needs to investigate. Who at school did she notify of her child's sickness - names, dates times. Does the school agree it received her notifications? If so why isn't it recorded as Sickness? Administrative error? School doesn't believe child was ill? Failure to follow school policy on sickness absence eg GP's certificate after x days?

                        Your daughter needs to get on with investigating this asap if she wants the prosecution withdrawn. FPNs aren't recorded as convictions and don't give a criminal record but magistrates' court convictions do. Seems she already has one conviction on her criminal record (non-payment of an FPN) and she really doesn't want to get a second criminal conviction.. It could have a significant affect on her in future, especially in employment.
                        Last edited by PallasAthena; 16th June 2024, 10:30:AM.
                        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

                        Comment


                        • #13
                          Yes which is why I wrote "if all is as written above"...if this is sickness it should never have got this far. Maybe the clue is here: The school were sent the doctor's letter which they acknowledged. She had a meeting with the deputy head and developed a plan of action for her daughter's future attendance. ( but if you're not well you're not well?)

                          Comment


                          • #14
                            So much good info and support guys Thankyou so much. Get back to you

                            Comment


                            • #15
                              Update: We have a meeting with the Lead Attendance Team office woman on Monday.
                              Spoke to deputy head this morning who is aware that time off for sickness has possibly been put down as unauthorised and she'll be there as well.

                              Comment

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