School fine withdrawn!

Gaz126_2

Yes 101, and you have missed the point, please go back to page 1. I struggle with the concept that if I do not pay this notice I will be in Court. Yes the penalty is for non attendance at school, unable to do anything about this! The question is, should I have to defend myself in court if I do not pay for something done by another person. Please answer this question?

FBaby

The whole fine business has gone totally mad! On one hand, I hear from my kids about how they miss school because they woke up suffering from a bit of a stuffy nose, or had a panic attack, or are just aching after a football match the day before, all accepted by the school, but miss one day and everyone concerned or not can be fine because that is soooooo bad for the child's education! The whole thing gives such a wrong message, it is probably doing more damage to the kids than the message they are trying to pass is doing good!

It is quite ironing that what justifies a fine is based on a date in law, that if your child is born on 2 Dec 2003, you are expected to be a parent prepared to fight your ex to the grounds so they don't take your kids out of school with all the repercussion this can have on the children (being a child of divorced parents, I know that what is most damaging to such children is to see their parents arguing/fighting/belittling each other), but if you are born on 31 Nov 2003 (assuming parents were not married and no application for PR was ever made), then that child will be able to go away and enjoy their holiday with a relaxed resident parent knowing they will come back and spend time with their happy non-resident parent.

Guest101

Gaz126 wrote: »

Yes 101, and you have missed the point, please go back to page 1. I struggle with the concept that if I do not pay this notice I will be in Court. Yes the penalty is for non attendance at school, unable to do anything about this! The question is, should I have to defend myself in court if I do not pay for something done by another person. Please answer this question?

Yes you should.

And you should want to clear your good name, be vindicated. Stand up to 'the man' and prove that you are innocent.

Janepig

Gaz126 wrote: »

Yes 101, and you have missed the point, please go back to page 1. I struggle with the concept that if I do not pay this notice I will be in Court. Yes the penalty is for non attendance at school, unable to do anything about this! The question is, should I have to defend myself in court if I do not pay for something done by another person. Please answer this question?

Anyone who is wrongly accused of a crime has to defend themselves in Court, that's why people plead not guilty and go to trial.

Jx

Marisco

Gaz126 wrote: »

Yes 101, and you have missed the point, please go back to page 1. I struggle with the concept that if I do not pay this notice I will be in Court. Yes the penalty is for non attendance at school, unable to do anything about this! The question is, should I have to defend myself in court if I do not pay for something done by another person. Please answer this question?

No you shouldn't have to. But as the law stands then yes you do, why not just go to court, I would. Explain that the school are not letting you know in time to do anything about it (although I don't really think you could, if your ex was adamant about taking the kid out of school) Judges are not stupid, they must know this an anomaly in the law, and I'd be very surprised if this is the first case of it's kind.

Gaz126_2

'Yes you should', is very easy to say. I would suggest you haven't?

In a moral, just world, I would agree, reality check!

Do you have any idea how much this would cost to take to Court?

Preparation of the case, solicitors, stress, time off work, etc!

And despite overwhelming evidence, it is the law Under Section 444 of the Education Act.
Very unlikely to be overturned at County Court.

Guest101

Gaz126 wrote: »

'Yes you should', is very easy to say. I would suggest you haven't?

In a moral, just world, I would agree, reality check!

Do you have any idea how much this would cost to take to Court?

Preparation of the case, solicitors, stress, time off work, etc!

And despite overwhelming evidence, it is the law Under Section 444 of the Education Act.
Very unlikely to be overturned at County Court.

To go to court it costs you: transport & time off work.

You could ofcourse reclaim this from the council, assuming you win. I'm not saying they'll pay, but if a frivolous case is taken to court defendant can apply for costs.

The court won't overturn the law. But they can find you 'not guilty'.

I'd argue that the £60 FPN costs roughly equal to the average wage and transport for the day. So even if you can't claim. Back costs, you haven't lost out.

Given your position I would be ironing my suit right now and relishing the chance to clear my name and show up the council.

You should be aware that this would be magistrates, not county court.

missprice

Gaz126 wrote: »

'Yes you should', is very easy to say. I would suggest you haven't?

In a moral, just world, I would agree, reality check!

Do you have any idea how much this would cost to take to Court?

Preparation of the case, solicitors, stress, time off work, etc!

And despite overwhelming evidence, it is the law Under Section 444 of the Education Act.
Very unlikely to be overturned at County Court.

I can without doubt say I would. If in the untenable position you are in and every chance of it recurring. You don't need a solicitor to tell the court that you were unaware. Courts and magistrates tend to guide you better than most, because, you are a layman.
Just think you do it this once, then the result is a forgone conclusion next time and maybe next time they won't even send you a bill.

Try it and see, for one holiday day out of your life it has to be worth the shot.

peachyprice

Or you could just sit and bleat and expect someone else to fix it for you.

Spendless

Gaz126 wrote: »

Thanks spendless I have been in contact with Parents want a say,
they have been fantastic, very helpful and supportive. There are few places to turn. They have been instrumental in the fine being withdrawn. The MP didn't get involved as I had already contacted Chloe Smith.

Im really glad they were able to help. :)Care to share what grounds they withdrew the fine on?:)