School absence fine

Mickeymouse8

Hi, I’m split from my ex and we arent very amicable, yesterday she sent me a picture of a letter from a magistrates for a notice of fine & collection order for a school absence presumably when she took my son on holiday, it’s for £388 with my name but her address on it. This is the first I’ve heard of it and I’ve never lived at that address. What are my options now? Is this something I can appeal?

springmagpie

Both parents are fined, regardless of who took them on holiday, even if they are divorced/separated.
I don't think there is anything you can do, assuming the school have passed the wrong address for you to the council who issue the fines. 

marcia_

Mickeymouse8 said:

Hi, I’m split from my ex and we arent very amicable, yesterday she sent me a picture of a letter from a magistrates for a notice of fine & collection order for a school absence presumably when she took my son on holiday, it’s for £388 with my name but her address on it. This is the first I’ve heard of it and I’ve never lived at that address. What are my options now? Is this something I can appeal?

 I would go to the council first as they have not actually sent you the fine. Which means it has progressed to Court action for non payment. 

I would make a formal complaint about their practice. 

sheramber

marcia_ said:

Mickeymouse8 said:

Hi, I’m split from my ex and we arent very amicable, yesterday she sent me a picture of a letter from a magistrates for a notice of fine & collection order for a school absence presumably when she took my son on holiday, it’s for £388 with my name but her address on it. This is the first I’ve heard of it and I’ve never lived at that address. What are my options now? Is this something I can appeal?

 I would go to the council first as they have not actually sent you the fine. Which means it has progressed to Court action for non payment. 

I would make a formal complaint about their practice. 

They may have sent the notice of fine to the wife's address as they do not have any other one. She didn't pass it on,  choosing to ignore it.
The school may only have the one address for both parents.

The OP needs to check this out before blaming the council.

Mickeymouse8

Thankyou all for replying. Yes my ex didn’t pass it on and the school have never had my address. They must think I live with her but I’ve never lived at that address. I don’t mind paying the fine of £60 but it’s escalated to court at £388 which I’m more bothered about. I’ll go to the council see what they say and call the magistrates. 

Keep_pedalling

You need to sort this pronto otherwise you are going to have a CCJ awarded against you. The cause of the big fine is twofold, the first being down to your ex for ignoring the initial £60 fine, the second is down to you for not giving the school your details.

Morally your ex should pay, but legally you are jointly snd severally liable.  

artyboy

Frankly it's outrageous that a parent with no control over what his ex does can be fined like this. Bad legislation - I assume it's civil though given the talk of a CCJ, and at least no-one is going to get slung in the clink for this?

sheramber

artyboy said:

Frankly it's outrageous that a parent with no control over what his ex does can be fined like this. Bad legislation - I assume it's civil though given the talk of a CCJ, and at least no-one is going to get slung in the clink for this?

https://educationhub.blog.gov.uk/2024/02/29/fines-for-parents-for-taking-children-out-of-school-what-you-need-to-know/

These measures can include:

• Prosecute you – this means you have to go to court. You could get a fine, a community order or a jail sentence up to 3 months. The court could also give you a Parenting Order.

Jude57

artyboy said:

Frankly it's outrageous that a parent with no control over what his ex does can be fined like this. Bad legislation - I assume it's civil though given the talk of a CCJ, and at least no-one is going to get slung in the clink for this?

You don't get a CCJ (County Court Judgement) from the Magistrates Court. Broadly speaking, County Court is civil, Magistrates Court is criminal and, again broadly speaking, for virtually every case heard by Magistrates the ultimate penalty can be imprisonment.

elisamoose

Most LA say that the fixed penalty notice can only be issued to the parent who the child usually lives with

Mickeymouse8

I’ve since contacted the council and they said they can’t do anything as it’s with the magistrates but did advise me to go a statutory declaration which I’ve just sent today and got confirmation of a hearing from the magistrates. They are now going to ask for a plea at the hearing and if I plead guilty they will sentence it there and then and the fine could increase … or if I plead not guilty they will adjourn but if I’m found guilty they will fine more. I’m now totally confused and at a loss really as I know by law technically both parents are fined so on that basis I would be guilty but the escalated fine is not fair either so I don’t know what I need to do tbh.