School fine withdrawn!

Mojisola

Guest101 wrote: »

A fixed penalty notice is not a fine. ONLY a court can issue a fine until a court says there is.

A fixed penalty notice is this:
"we belive you have broken the law, as punishment, please pay this amount and we will not prosecute" - If you pay, you are saying, yes I have broken the law, here is my payment.

I didn't write the quoted bit - that's on the Government literature!

supersaver2

fluffnutter wrote: »

Yeah, I've muddied the waters a bit by saying 'abroad'. I should perhaps have said 'I didn't know a parent could take a child away (anywhere) without the other's knowledge'. Obviously this has been influenced by stories of abductions abroad but I confess that I've never separated the two.

I didn't know parents can take their kids on hols, abroad or otherwise, without the other's knowledge. So I'm not assuming it was abroad, although I'm still wrong about the general point.

You didn't know parents could take their children on holiday without telling the other parent? Really? I can understand confusion taking a child abroad but not for a short break in this country for example. Did you think separated parents have to tell/ask their other parent every time they have a day out, go to a supermarket etc?!

Ames

fluffnutter wrote: »

Here's another similar scenario. You have to go away on business for a fortnight. You decide to take your OH leaving your child in the loving and safe care of your parents.

Said parents have a funny five minutes and decide to take your kid to Magaluf for a week whilst you're out of the country. You're duly fined as a result.

Do you think you can really argue in court that this isn't your responsibility? That because you weren't around, you're somehow abdicated of ensuring that your child goes to school? The courts would rightly argue that your duty of care continues and that includes making it known to the grandparents that whipping your kid out of school for a week the minute your back is turned is not acceptable. Obviously you're going to have a few words to say to the grandparents, but that's not the point. The point is that you are still responsible.

It's exactly the same for separated parents. Why parents think that their obligations stop simply because their child is not with them at the time is beyond me.

That's not at all similar. Grandparents don't have PR and so don't have the right to take children out of the country without permission.

Whereas with a parent, the other parent has no right to stop the children being taken out of the country unless they get a court order. Look at the threads on here - even 'I don't think they'll bring them back from visiting family abroad' requires some evidence for a court order to be granted, 'I don't want them missing a few days of school and to be fined £60' probably wouldn't be enough, even if you could get a court hearing before the holiday.

Guest101

Mojisola wrote: »

I didn't write the quoted bit - that's on the Government literature!

Yes, and?

Im explaining the difference between the Fixed Penalty Notice and a Fine.

The law is, you can be FINED (by a court) if you dont ensure your child goes to school.
- if every case was to go to court, the system would shut down.

Local Authorities therefore issue Fixed Penalty Notices (£60) which you can pay and avoid court, or go to court and fight your case.

So the parents would not go for failing to pay a FINE, as there is no fine, they arent guilty of anything at that stage!

Mojisola

And while the Government literature keeps referring to 'fines', the press, schools and parents will also call them fines.

Guest101

Mojisola wrote: »

And while the Government literature keeps referring to 'fines', the press, schools and parents will also call them fines.

And all would be incorrect.... I'm sorry that the country is filled with ignoramuses.

Hopefully you are now clearer on the subject.

Mojisola

Guest101 wrote: »

And all would be incorrect.... I'm sorry that the country is filled with ignoramuses.

Hopefully you are now clearer on the subject.

And very thoroughly patronised. :rotfl:

Perhaps you should offer to rewrite the government leaflets.

Guest101

Mojisola wrote: »

And very thoroughly patronised. :rotfl:

Perhaps you should offer to rewrite the government leaflets.

Not my intention I assure you.

I do get abit worried though, that the public is so badly mislead.

Ames

Ooops I should have read the whole thread before posting!

marisco_2

supersaver2 wrote: »

Did you think separated parents have to tell/ask their other parent every time they have a day out, go to a supermarket etc?!

I can appreciate the point you are making. Personally though I think it is a good idea to keep each other informed of short breaks and days out. It enables maximum interest to be taken in all a child is doing and experiencing. A child can only benefit from such openness and expression of respect between its parents.