School Holiday Fines

MrsSmith4323

Husband and I are separated. He lives in Asia now, me the UK.
He wrote to the school asking for an unauthorised absence. They refused
I wrote to the school stating I did not agree to him taking them out of school during term time and wanted it made clear I was NOT in agreement yet I had no choice.
I was fined, so was he.

I asked him to pay the fines and wrote to the school stating if any fines were incurred my ex wuld be responsible. When the fines came through he said he'd paid....
Turns out he didn't and now I am being prosecuted and papers have been served.

I have no money for a solicitor or to pay the fines as the divorce costs are crippling me.

Please advise me what to do? I quite clearly stated in writing I was against him doing this.

onwards&upwards

ricci1003 wrote: »

Parents are.missing the elephant in the room.
'Never let your schooling interfere with your education.'
- Mark Twain

'Teachers aren’t employed to develop minds, but to destroy them. '
- John Taylor Gatto - New York school teacher for 26 years – In his acceptance speech

'I teach how to fit into a world I don’t want to live in.'
- John Taylor Gatto - New York school teacher for 26 years – In his acceptance speech,

'The only thing that interferes with my learning is my education.'
- Albert Einstein

'Education’ has produced a vast population able to read, but unable to distinguish what is worth reading. - G. M. Trevelyan

'It is a miracle that curiosity survives formal education.'
- Albert Einstein

'If the teacher is ignorant, how can the student be expected to be any better?'
- Rick Moore

'If there is no place for pleasure in teaching, surely our Teaching has failed us altogether.'
- Kenneth Eble

So what alternative are you suggesting?

foxster99

One parent cannot take a child abroad if permission has been refused by the other parent if they have Parental Responsibility. More information here: https://www.sydneymitchell.co.uk/news/legal-implications-taking-children-abroad-if-you-are-separated

You did not officially/legally refuse permission for them to travel (or else they could not have gone), so you remain guilty.

You can't be prosecuted for his unpaid fine - nothing to do with you. You can for you own.

I suggest making immediate contact with the Local Authority on the number on the initial FPN letter and offer to pay the £120 right away. Otherwise you'll end up in court charged with the offence and that can mean a much larger fine and a criminal record.

There's potentially a couple of alternatives...

1. You will likely be offered to settle things via the Single Justice Procedure. If so, you have two choices: Plead guilty through SJP and accept the fine given, which tends to be, maybe, £500. Or plead not guilty and go to court and explain the circumstances. I don't fancy your chances so take legal advice. If found guilty you may get a bigger fine and have to pay costs.

2. Go cap-in-hand to the Headteacher of your school. Throw yourself on their mercy and ask for the case to be cancelled by him/her. Be prepared to explain very clearly the circumstances, show the relevant letters, explain the hardship your children will face if you are fined heavily and promise it will never, ever happen again. It might be too late now for this but it could be worth a try. Personally I'd not let you off and I'd let the court decide but I'm a miserable mean old git.

Pollycat

The OP already has a separate thread running with exactly the same information.

Purplepineapple

I recently heard something interesting. A head teacher was explaining how a large number of children at his school had been taken out of school to go on holidays. Subsequently the school was marked poorly for pupil ascendance. This then caused fewer people to want to enrol in the school because of the lower rating.

My opinion is that holiday companies are mostly to blame. Inflating the prices so much just because they can might be good business sense but it's not very ethical. Personally I don't take my child out of school for holiday. If I was on a low income I probably would do rather than go without.

foxster99

Purplepineapple wrote: »

I recently heard something interesting. A head teacher was explaining how a large number of children at his school had been taken out of school to go on holidays. Subsequently the school was marked poorly for pupil ascendance. This then caused fewer people to want to enrol in the school because of the lower rating.

My opinion is that holiday companies are mostly to blame. Inflating the prices so much just because they can might be good business sense but it's not very ethical. Personally I don't take my child out of school for holiday. If I was on a low income I probably would do rather than go without.

It's part of the picture but not the whole story.

I see less family term-time holidays these days. There's more wanting to visit families abroad and the usual scum who don't give a damn about their kids' education.

But you are right that a chunk of it is down to the cost of travel and holidays being inflated in the school holidays. Nothing will get done about it though because airline/travel industry lobbying of a Tory government is way more powerful than any concerns for the education or wellbeing of us ordinary plebs.

Ikpo1979

Does anyone have a definitive answer on what the process is from absence at school to issuing a fine? 

If a child is taken out of school for a week and is “sick” what is the process from there on? Does the school need to provide evidence to the local council that the child has been taken out on holiday even though the reason for absence is logged as sickness? Or can the council just issue a fine regardless if there is no evidence that time out has been taken for a holiday? 

sheramber

As far as I know the headmaster has to authorise all absences. Sick absence would be authorised. 

But you can be caught out. 

There was a case of someone getting caught out as the child had been reported as “sick” but classmates were discussing  her  being on holiday. 

Will the child want to talk about the holiday when they come back? 

Spendless

Unless its changed in recent years, all illness should be authorised and under the code for illness in the register, unless the school doesnt believe you in which case they should explain why they are doubting you. 

Exodi

MrsSmith4323 said:

He wrote to the school asking for an unauthorised absence. They refused
I wrote to the school stating I did not agree to him taking them out of school during term time and wanted it made clear I was NOT in agreement yet I had no choice.
I was fined, so was he.

Do you mean he asked for an authorised absence?
In fairness, can you imagine how many times a day they must hear this from people trying it on?

Purplepineapple said:

My opinion is that holiday companies are mostly to blame. Inflating the prices so much just because they can might be good business sense but it's not very ethical. Personally I don't take my child out of school for holiday. If I was on a low income I probably would do rather than go without.

I disagree.

It's simple supply and demand. If holiday companies were forced to charge the same rate throughout the year, it doesn't magically mean everyone will be able to go on cheap holiday-time holidays, it would mean that you can't book a holiday in August 2025 because they're fully booked... as is August 2026, 2027, as far in advance as possible - It will become a lottery of who can book the slot the quickest as they become available or an incredible coincidence that the only people that manage to book these slots just happen to work for travel providers.

Holiday companies are already able to sell out their holidays at 2x-4x the price (they'd lower the price if they couldn't - again supply and demand).

The problem is fundamentally the whole population is trying to book the same weeks off. E.g. there is excess demand... you have to reduce demand, increase supply or accept that most people will be unable to go on holiday, regardless of whether its £5k a week, £1k a week or £1 a week.