School fine withdrawn!

Gaz126_2

I am waiting for a reply from the Council regarding this and several points. The law cannot take individual circumstances into account. A simple solution would surely be to address the application form made to school!

fivetide

OP - speak to your MP. There should be a local surgery. It is a daft idea and they should lobby on your behalf. Might make a difference.

Better_Days

Gaz126 wrote: »

The point I am trying to raise is not about whether I agree to holidays in term times. But to any separated parents in this ridiculous position. If you can state you did not remove your child from school- after all that is what the fine is for? And to further that point the Notice in the code of conduct states: In considering use of a school attendance penalty notice it is important to establish that an offence is being committed and that the issue of the Notice is likely to be an effective means of improving the child's school attendance.

I cannot prevent removal, how can this apply?

OP although this thread has wandered off into a couple of cul de sacs, I think nearly all of those who have responded agree with you that your situation is inequitable.

The question is what can be done about it? Ideally common sense should prevail and this should not go as far as court. Perhaps you could ask your LA if the courts have upheld the fine in your circumstances - or if any other LA's have. That is - what evidence does the LA have that they are interpreting the law in line with the courts.

fluffnutter

Here are my 'stupid opinions' again.

Parental responsibility remains whether or not that child is with you at the time.

It's amazing how a relationship breakdown is always the other person's fault.

Bringing up children is difficult, particularly if you're separated, but you owe it to your children to put their needs first.

If something goes wrong, be careful before pointing the figure at your ex and saying 'It's all her/his fault'.

I don't think they're unreasonable things to feel and I've backed them up where I can (although that's difficult with opinions, obv). Others are, of course, welcome to do the same with their arguments. There have been lots of valid ones made, ones that have made me think more carefully about my stance, not least that control isn't easy when you're separated.

But I will happily stand by what I've said above. I've witnessed too many parents who are quick to point out their ex's deficiencies before examining their own actions. I don't doubt that there are some genuinely unpleasant and difficult people out there but every person criticising their ex will be equally criticised in return. Situations are rarely about one person being wholly right and one person being wholly wrong and if you feel you can justify your own behaviour, don't you think that the other person feels exactly the same way?

I've done this mainly without rancour (although 'apologist whining' was a little strong ) and certainly without criticising anyone individually. If you're unable to discuss this sort of thing without resorting to personal insult then perhaps this isn't the place for you.

I will also add that that are lots and lots of situations where parents are being inappropriately fined and, personally, I think penalty notices are possibly the wrong solution to a different problem, that of persistent absence. I hope that anyone who has a genuine case feels they can contest this in court and that they're successful. My argument has never been that fines are always right, simply that parents with parental responsibility don't get to pick and choose when this applies. I therefore support the fact that, if a penalty is issued, it's issued to both. If someone can argue that this is unreasonable because the relationship is such that they can't be expected to have any control over what happens when their child is not with them, then good for them. I hope they win. I think it's a difficult thing to argue though but each case must be judged on its own merits.

Gaz126_2

So far the councils lame response has been, 1/2hour free legal advice?
Mediation! I tried for mediation prior to going to court that took 2 years to get a contact order and PR. I would never willingly go there again, but was a necessity in order for contact. So after 7 years, communication limited, but children happier. Do you really expect me to create more animosity which affects the children? I now except the position and believe it is for the best. I do not need laws that have taken away a lot of my rights, to now impose fines for something I have not done!

Gaz126_2

I believe the school has acted within the law - and for the most part my ex. The council who refused to listen and not withdraw should have been able to assess this as unreasonable. They did not! The fine as in my thread post HAS BEEN WITHDRAWN. Only on the grounds of not following the code of conduct, or rather blaming the school for not. Otherwise I would be choosing to defend myself.

Gaz126_2

I am very open to everyones opinion, whether I agree or not. The council has not resolved the issue. This will happen again. I would like suggestions - please!

fivetide

Gaz126 wrote: »

I am very open to everyones opinion, whether I agree or not. The council has not resolved the issue. This will happen again. I would like suggestions - please!

As above - speak to your MP. The only way to change it is to change the law. The only people who can do that are politicians. Get your MP to take your case up.


You could also speak to the press - maybe write a blog for Guardian Online and send it in or something. Depends how public you want to be.

fluffnutter

fivetide wrote: »

As above - speak to your MP. The only way to change it is to change the law. The only people who can do that are politicians. Get your MP to take your case up.


You could also speak to the press - maybe write a blog for Guardian Online and send it in or something. Depends how public you want to be.

There'll be more sympathy from Mail readers

Better_Days

Gaz126 wrote: »

So far the councils lame response has been, 1/2hour free legal advice?!

Why don't you take up the offer of free legal advice? You've got nothing to lose, and it may help to clarify how the law is being applied in your case.