LEA COURT SUMMONS

[maya123456]

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 My child was also referred to Hospital and Home Tuition Services but the offer was then withdrawn.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?

[Misha33]

I suspect that what motivates the LEA under 'legislation' or 'acts' are fines from central government, perhaps not in the form of an actual fine but some direct or indirect financial sanction. Hence why the LEA usually send first a penalty fine notice that if paid results in no further action relating to the 'offence'. A monetary motivation it seems. It is worth pointing out that it is claimed that statutes are only given power in law or of law by consent, consent of the governed. Statutes, acts or legislation as it may be does not fall under common law or law of the land but rather statutory law or law of the sea.