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School fine withdrawn!

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Comments

  • Sorry its so frustrating 101, I can only tell you what it says?
    Tried to include a screen shot but wont let me.
    The top says Invoice
    with invoice no. invoice date.
    Customer Ac number
    with the amount due?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Gaz126 wrote: »
    Sorry its so frustrating 101, I can only tell you what it says?
    Tried to include a screen shot but wont let me.
    The top says Invoice
    with invoice no. invoice date.
    Customer Ac number
    with the amount due?

    And the reason for the invoice in respect of?

    Whether it says invoice or not ( possibly why they cancelled ) they are offering to settle out of court.

    They are not saying your guilty. They're say WE THINK your guilty, so please pay us some money.
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Gaz126 wrote: »
    I'm not sure thats correct? The Council sends the fine payable within 21 days. Not paid within 28 it doubles. Then prosecuted in Court up to £2500!
    The Council and school are aware I did not consent I was not on the application form and did not apply. The custody days is irrelevant as it clearly states being a 'natural' parent. You are correct the LA do not have to take this to Court but knowing the whole story would not back down over the fine or withdraw.

    It's not a 'fine' it's a penalty notice you can CHOOSE to accept as an alternative to going to court and risk a higher proper fine being imposed.

    The point of stating your lack of agreement to the children being taken on holiday to the school beforehand is so that you can go to court rather than accept the penalty notice, having already stated your objection in writing to the school you have a very strong defence against the court penalising you at all as you were not in agreement or collusion with the mother.

    Just not being on the application form is not a defence or an indication of your objection because the forms to not ask for both parents permission.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • Buzzybee90
    Buzzybee90 Posts: 1,652 Forumite
    I've been Money Tipped!
    Marisco wrote: »
    How do you mean??

    When I was at school (aware it's different now) many students with wealthy dads (who saw/contributed) would be claiming the £30 a week ema because they lived with their mums. Same is still true of university students.

    University students with dads on 100k should not be raking in the grants, in my opinion.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Buzzybee90 wrote: »
    When I was at school (aware it's different now) many students with wealthy dads (who saw/contributed) would be claiming the £30 a week ema because they lived with their mums. Same is still true of university students.

    University students with dads on 100k should not be raking in the grants, in my opinion.

    Interesting how u presume men earn more than women, and women take care of / get the children.

    No point, just interesting.
  • Buzzybee90
    Buzzybee90 Posts: 1,652 Forumite
    I've been Money Tipped!
    Guest101 wrote: »
    Interesting how u presume men earn more than women, and women take care of / get the children.

    No point, just interesting.

    Because in every single real life case I'm thinking of that was the case.
  • coolcait
    coolcait Posts: 4,803 Forumite
    Part of the Furniture Combo Breaker Rampant Recycler
    Gaz126 wrote: »
    I would like to make people aware of this as the law is imposing fines for an act committed by another person! Why? For being a natural parent! My local council sent the fine for removing my child from school. Re, school fine term time! I was livid, explaining we are separated, I did not make the application for leave, I did not remove the child from school! Councils answer, you are the natural parent, no way to contest! 21 days to pay doubling at 28 days then prosecution. Both parents being fined for the actions of one.
    Question how can I prevent this - I suggest I can't, beyond my control.


    Ok, I got to page 3 of the thread. I found it an interesting discussion, albeit unlikely to change anyone's position on the issue of ex-partners and all that.


    So, back to the theme of the thread. What would I do in the OP's position, as stated, if my ex was of the nightmare variety - assumed, based on the thrust of the discussion up to page 3.


    I would respond to the school, in writing, and in horror. I would make it clear how appalled I am that:


    - given that the school has records showing that I have parental responsibility/am a natural parent/etc, why did they not inform me, immediately, of the fact that my child was not attending school?


    - this failure to inform me raises concerns about the school's policies for unexplained absences, and the safety of children entrusted to their care


    And so on.


    Leave aside all inter-parental wrangling, all personal accounts of difficult relationships, and all hypothetical musings about the nature of such relationships.


    A school knew that a child was missing from classes, and did not inform all those who have responsibility for that child.


    The school needs to be pulled up on that straight away - for the sake of all its pupils. Then you can consider wrangling over the fine.
  • Gaz126_2
    Gaz126_2 Posts: 33 Forumite
    edited 18 February 2015 at 8:41AM
    Thank you Coolcait for getting this back on track.
    The school did inform me, but not when the application was made for holiday (as i didn't), but when it was refused! This could be easily resolved by sorting out the application form its self.
    So here is what happened in the meeting at school with the council and myself:
    Asked for a print out of the days absent, to be told the last 6 days the child has not been in and other parent has not called in. I was aware that she was ill, but not on a daily basis. Asked if I should have called this in myself and the answer is no, its the parent the child is with.
    So it comes back to a comparison of absent holiday absent sick - one, we can discuss at school to move things forward (although not sure how I can influence either if not with me), the other an imposed penalty notice from the council to pay or off to court!
  • 'Peachyprice' I agree and your points make a lot of sense. The question is should I be in the position of paying a penalty notice or facing court, strong defence or not, for removing a child from school when I have not! Currently the law.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Gaz126 wrote: »
    'Peachyprice' I agree and your points make a lot of sense. The question is should I be in the position of paying a penalty notice or facing court, strong defence or not, for removing a child from school when I have not! Currently the law.

    ...I've said the same blasted thing 4 times...

    Perhaps you struggle with the concept of court. Court is there to determine whether or not you have commited an offence.

    What you have described is not the law.

    The law is 'failing to ensure a child attends school'. Which you did fail. The defence is that you could not have possibly been in a position to carry out those duties.

    You aren't being taken to court for removing your child. Your going to court because your child was not at school.
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