LEA is taking me to court under section 444 of education act despite being aware that my child is too emotionally unstable to attend school. LEA is aware that my child was referred to CAMHS by my Gp; however, and because I needed immediate emotional support for my child she has been seeing a private therapist. LEA was given a report from the psychotherapist which explains why my child should not be made to return to school until the therapy is over. My child was also referred to Hospital and Home Tuition Services but the offer was then withdrawn. LEA is also aware that I have applied for my child to attend another school. Despite all of this LEA still wants to take me to court. I feel it is their way of bullying me because I have taken a solicitor to deal with the school and the LEA after my child was severely bullied for 18 months. My child became convinced that one day she woul be killed whilst at school and thus refused to return and since then has been receiving private treatment from the therapist. Do the LEA stands a chance of winning? If they loose, will I have to pay their court fees? Can I asked the court to dismiss the summons because I have evidence that the LEA is being unreasonable?
it seems unlikely that if they loose you will have to pay their court fees. You can ask but whether they say yes or no is up to them. Is your daughter getting any education? you say she is not attending school, but as far as i know thats not against the law if you are homeschooling her