Unauthorised Absence At School Due To Parents Illness

[maddymadge]

Hi

My child does miss school a lot due to chronic illness he s got. His dad is agoraphobic and cant leave the house and I just had an operation so I cant drive my son to school for two weeks. I don't live in the catchment area so the local authority wont help me. I don't know anybody to take him to school. The school said it will be unauthorised as it s my duty to take my child to school and I ll be probably fined. I find this unfair as I m not going on holiday, I had an operation. Is there a way of defending myself?
Thanks

Maddy

[boxtops]

The DoE notes say

" What if some pupils are absent from school with long term illness?
Of course there are pupils who are off school for long periods of time for medical reasons and it is important that the government is not being seen to be heavy handed with these families going through difficult times. Nor should schools be penalised for the attendance of genuinely sick children.

"The new Ofsted framework allows for flexibility around the inspection of attendance and the individual circumstances of pupils with good reason to be off school will not effect the final judgement."

Hopefully the education dept would reconsider if you physically can't get him to school, catchment area or not.....

[New Judge]

If your are offered a fixed penalty refuse to accept it and ask instead for the matter to be heard before the Magistrates’ Court. Make sure you have written proof of all that has transpired (begin by writing to the Head stating your reasons for keeping your child off school and ask the school to reply stating their reasons for refusing to authorise the absence).

I have a good idea that the local authority will reconsider their decision if they are forced to take the matter to court. If they do persist I think you have a very good defence against the accusation.

[maddymadge]

Thanks for your replies. Unfortunately, nothing has been done in writing. Everything I have done was through phone or face to face. Shall I send a letter mentioning all the things that I have tried to get my child to school. I am also keeping a log on all the things I am teaching my son and he will submit work that is due on Friday so the school cannot say he s not working.
I am hoping to be able to drive in a few days but my knee wont bend so I m not willing to put my child at risks because of a fine. But I feel so pressured to get better that it might have the opposite effect!

[boxtops]

Yes, put it all in writing to the school. I'm a great believer in having written evidence. Keep copies, sent the letter recorded delivery.

[maddymadge]

I know the school is due to have OFSTED any time this year and my son was at 70% attendance last year due to his problems. He might spend another week in hospital in January. She always made me feel like a bad mother because we are a family with health issues.

[maddymadge]

Ok, will do it by email first as I cant walk to the post office but will do as soon as I can. Thanks

[boxtops]

Maddy, forget those other aspects for now, just concentrate on the current issue, which is that you can't drive so you need not to be fined. Drawing other issues in will only make you more anxious, and blur the issue when you write to the school.

Another point is you really mustn't drive until you have your GP's authority to do so - if you drive against medical advice and you have an accident, your insurance will be invalid.

[boxtops]

Do it tomorrow, maddy!

[JacksonsMom]

Fines are usually £120 but are half price if you pay within 14 days. Personally, I think its disgusting that they're making such a huge deal about this. Id get a note from your doctor to prove that you cant drive. And if they still want to go ahead with the fines go directly to the board. If nothing comes from that.. take the to court. As I don't believe they could win in thatsituation.. therefore your costs would have to be paid. And id also ask for compensationfor uunnecessary worry etc. But to be honest. I doubt they would let it go that far and they would just let you off with the fine.

[maddymadge]

Thanks, I ll send the mail tomorrow. I still have my sick note and the leaflet that says I shouldn't drive for two weeks. I haven't received a letter yet. Is it the head deciding about the fine or is it the local authority?Shall I receive this quickly or can it be months after? I am providing him with an education everyday and will keep a log on that too. When I feel I can drive, I ll ask the gp to tell me if I am fit or not. Thanks

[sherrardk]

Schools are now in charge of absences (it used to be the local authority).

[maddymadge]

So she will then, she kept telling me it s my responsibility and legal duty to take my child to school. She wont budge! Well, I will take it to curt if I have to. I suppose I have to wait and see. Thanks

[Hypognosis]

Is it not possible to request that the school head, or a teacher acting on their behalf come and visit you in your home or at least set eyes on your doctor's certificate and that leaflet which tells you to refrain from driving?

Emailing them a photocopy of the cert sounds easier but it compromises your medical confidentiality and the school might be touchy about data protection issues connected to having it on their computer system.

In the meantime, your stoicism is to be admired. Under normal circumstances, this would have been in the newspapers by now.

[maddymadge]

To be honest, I am thinking of going to the papers but I wont until I receive the fine. I am a teacher myself but in a secondary school. When I asked my school what they would do, they told me they would put it as unauthorised too. So maybe it is protocol, I don't know. I do find disgusting that each council are refusing to help because of our location and don't care about wether my child can get an education or not. However, they will happily give a fine! I'll just wait for this letter. Regarding data protection, I have offered to scan my sick note as I cant walk to the post office. If they say it s ok, I ll send it to the primary school too. Otherwise,I ll have a look on google map see if there are any letter boxes nearby lol Almost a week after op and still cant bend my knee and still in pain and still using crutches. I just feel I have to feel better asap, which is really annoying

[factor-fiction]

I sympathise with your problems maddy but I can see why it's regarded as unauthorised absence. When you sign up for a school outside a catchment area I'd have thought it's up to the parents to ensure the child can get there.

The school or local authority should try to help though- e.g. see if a parent near you can give a lift, but ultimately it's the parent's responsibility.

You need to formally request temporary help with transport. Ignore all the stuff about his past absences- stick to the point. Good luck

[maddymadge]

My son has been in this school for almost four years now and we lived in the catchment. Unfortunately, our landlady sold the house and I had eight weeks to move. There was nothing available that I could afford so I moved ten minutes away. I have now served the six months tenancy and am looking to move back to the catchment. I didn't sign up to a school out of catchment, I just didn't want to change my boy s school to put him back to this school. Even his current school told me to leave him at this school! But I can see why it is unauthorised but helping a child to go to school shouldn't be about money!

[murraymints]

I'd contact social services see what clout they have....and also contact education authority....surely someone will see your predicament for what it is and help ?

[joko]

do you have any friends or people you know well who would want to earn a few extra quid taking your child to and from school each day?
if it will cost you £30 for basically 4 journeys - there and back twice a day - then you may as well pay that - or a bit less, maybe £15 - to someone you know and trust, better the cash in their pockets.

[maddymadge]

The only person who would do it works at the school and the head said no for insurance purposes. When should I expect the letter? I have sent all of my son s work via email. The head replied saying thank you and wishing me a good recovery but didn't mention anything else? I thought I would have recovered well by Monday but it s getting worse

[pixie373]

From my experience- and this may not be helpful. We moved house and i got three of my four children into the local schools. My daughter's year was full, although they could accept 2 more in certain circumstances. She was refused a place. I appealed on the grounds that i wouldn't physically be able to get her to school, now i knew the others were accepted. I lost the appeal, as they said it was just logistics. I couldn't get help either, as we were now out of the catchment area. They basically said tough, my responsibility to get her there. Luckily my nephew started soon after, so she went in with my sister. But i wouldn't expect too much understanding (and it was a year it affected us for).