School fine withdrawn!

Marisco

Gaz126 wrote: »

Marisco, agreed I was only trying to keep this going to see if other people have found themselves in my position and if I could help as my fine was withdrawn!

On what grounds did they withdraw it, and is it a one off? Or if it happens again will that be withdrawn as well?

Gaz126_2

I do not want to post until I have the response in writing from the Council. Several points were raised mostly on the grounds of their Code of Conduct, that should be visible from their website. Some points were responsibility of the school to follow the Councils code of conduct! I will post as soon as possible.

Gaz126_2

As you are correct, when and if they correct these details when it happens again I will have no more points to raise!!!

Gaz126_2

But I will post this, a question for them to answer:
If I have not committed the Offence of removing the child from school and have no way of preventing the child’s removal from school, how can the Notice in this case be an effective means of improving the child’s attendance?

[1] 4.2.1 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. There must be evidence that : -
• The child is of compulsory school age
• The child is a registered pupil at a school
• The child is failing to attend school regularly
• The child is not in the last term of compulsory education
• Issuing a Notice would not cause undue material hardship to the child

extract from NCC code of conduct

girlsmum

have you seen this (link below)? I would suggest you pay it in this in this instance (unless the LEA let you off after all its them who issued it) and in future you might need to see a solicitor to legalise it stating something along the lines that neither parent is allowed to take your child out of school without the other parent's consent, or speak to her to agree something between yourselves (get it in writing) that if it happens again that she is liable for your share of the fine, your ex might have not been aware that you would be fined.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/401467/parental_responsibility_measures_for_school_attendance_and_behaviour.pdf.pdf

there is a section in there stating there is no right of appeal.

Payment of Penalty Notice
The penalty is £60 if paid within 21 days of receipt rising to £120 if paid after 21 days but
within 28 days. The payment must be paid direct to the local authority. The parents can
only be prosecuted if 28 days have expired and full payment has not been made.
There is no right of appeal by parents against a penalty notice. If the penalty is not paid in
full by the end of the 28 day period, the local authority must decide either to prosecute for
the original offence to which the notice applies, or withdraw the notice.

Guest101

girlsmum wrote: »

have you seen this (link below)? I would suggest you pay it in this in this instance (unless the LEA let you off after all its them who issued it) and in future you might need to see a solicitor to legalise it stating something along the lines that neither parent is allowed to take your child out of school without the other parent's consent, or speak to her to agree something between yourselves (get it in writing) that if it happens again that she is liable for your share of the fine, your ex might have not been aware that you would be fined.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/401467/parental_responsibility_measures_for_school_attendance_and_behaviour.pdf.pdf

there is a section in there stating there is no right of appeal.

Payment of Penalty Notice
The penalty is £60 if paid within 21 days of receipt rising to £120 if paid after 21 days but
within 28 days. The payment must be paid direct to the local authority. The parents can
only be prosecuted if 28 days have expired and full payment has not been made.
There is no right of appeal by parents against a penalty notice. If the penalty is not paid in
full by the end of the 28 day period, the local authority must decide either to prosecute for
the original offence to which the notice applies, or withdraw the notice.

Dont see the point of this post at all, but maybe it will help someone. The OP has been given lots of advice.

Drawing up a civil contract that she pays his Fixed Penalty Notice is ludicrous. By paying you are admitting the offence. So you suggest the OP plead guilty every time and has a record of continually not ensuring child goes to school? That will look great if they ever have to go to court for custody....

Guest101

Gaz126 wrote: »

As you are correct, when and if they correct these details when it happens again I will have no more points to raise!!!

Gaz126 wrote: »

But I will post this, a question for them to answer:
If I have not committed the Offence of removing the child from school and have no way of preventing the child’s removal from school, how can the Notice in this case be an effective means of improving the child’s attendance?

[1] 4.2.1 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. There must be evidence that : -
• The child is of compulsory school age
• The child is a registered pupil at a school
• The child is failing to attend school regularly
• The child is not in the last term of compulsory education
• Issuing a Notice would not cause undue material hardship to the child

extract from NCC code of conduct

Since you've still failed to get proper legal advice, your loophole defence will fail more often than not.

They've withdrawn the notice because they dont want you to go to court, as they think they'll lose.

Shock, Horror, the council has told you they've withdrawn it on a technicality.

Which council is this, i'll do a quick FOI and ask them how many others have been withdrawn. Since this technicality must affect all people in your position / all people issued with the FPN. I'll wager they've withdrawn a small fraction which have complained.

Gaz126_2

I would like to add, the question was one of many and not the reason it was withdrawn. I am waiting the official response before posting. And yes it will be one more question I will add, as to how many others have been withdrawn on these grounds.