Criminal Record- school non attendance
Discussion
Can anyone tell me if you are taken to court over school non attendance this goes on DBS/ Standard and enhanced. The school safe guarding lead who ex plod says that it does and will affected the mums nurse registration.
A child that doesn't live with me is now on 70% attendance and the mum lets her have time off school most mondays and fridays.
A child that doesn't live with me is now on 70% attendance and the mum lets her have time off school most mondays and fridays.
Some definitions here:
https://childlawadvice.org.uk/information-pages/sc...
Hope this helps.
In my experience of schools admissions - it is rare that the LA will actually take someone to court. Though it does depend where you live, some LAs are more likely to prosecute than others. i.e some are more keen to get the student back in education rather than imposing fines and sentences on the parents, as it reality that would likely make attendance at school worse!
Ultimately it is a criminal offence for non attendance at suitable education (see link) - so it would appear on a DBS check.
Note if you are the biological parent irrespective of parental responsibility and/or child living with you, in theory it could affect you as well.
https://childlawadvice.org.uk/information-pages/sc...
Hope this helps.
In my experience of schools admissions - it is rare that the LA will actually take someone to court. Though it does depend where you live, some LAs are more likely to prosecute than others. i.e some are more keen to get the student back in education rather than imposing fines and sentences on the parents, as it reality that would likely make attendance at school worse!
Ultimately it is a criminal offence for non attendance at suitable education (see link) - so it would appear on a DBS check.
Note if you are the biological parent irrespective of parental responsibility and/or child living with you, in theory it could affect you as well.
Edited by FunkyGibbon on Tuesday 25th January 12:21
I'm not sure, but I don't think attendance has been penalised in the same way during the pandemic.
Our local primary school has not ben fining parents for taking kids out (on holiday / to see relatives, etc) during term time, and won't reinstate this until the next academic year.
If they don't live with you then I would be surprised if you can be penalised.
Our local primary school has not ben fining parents for taking kids out (on holiday / to see relatives, etc) during term time, and won't reinstate this until the next academic year.
If they don't live with you then I would be surprised if you can be penalised.
vaud said:
I'm not sure, but I don't think attendance has been penalised in the same way during the pandemic.
Our local primary school has not ben fining parents for taking kids out (on holiday / to see relatives, etc) during term time, and won't reinstate this until the next academic year.
If they don't live with you then I would be surprised if you can be penalised.
Indeed - in the link aboveOur local primary school has not ben fining parents for taking kids out (on holiday / to see relatives, etc) during term time, and won't reinstate this until the next academic year.
If they don't live with you then I would be surprised if you can be penalised.
"Under the Coronavirus Act 2020, the government disapplied certain statutory provisions on school attendance so that the parent of a child of compulsory school age would not be guilty of an offence on account of their child’s failure to attend school regularly at the school at which the child is registered."
This may well get repealed if and when GOV removes all COVID restrictions.
surveyor_101 said:
ok so it shows on DBS, would affect nurse registration?
What is the published policy of the nurse registration body? It's a difficult one, as Nurse is a 'caring' position and on paper a conviction for child matter looks bad. Probably a case where they will want to examine the particulars of what happened I would guess.
surveyor_101 said:
ok so it shows on DBS, would affect nurse registration?
If her job requires clear DBS or clear enhanced DBS then perhaps, is her role covered by the rehabilitation of offenders?But more realistically, her employer should assess this risk of any disclosure found on a DBS with relation to the role she carries out.
For example, there are many staff in the education sector who would have offences or cautions, that could have happened years ago and no longer pose a risk.
Same would apply to you,
FunkyGibbon said:
vaud said:
I'm not sure, but I don't think attendance has been penalised in the same way during the pandemic.
Our local primary school has not ben fining parents for taking kids out (on holiday / to see relatives, etc) during term time, and won't reinstate this until the next academic year.
If they don't live with you then I would be surprised if you can be penalised.
Indeed - in the link aboveOur local primary school has not ben fining parents for taking kids out (on holiday / to see relatives, etc) during term time, and won't reinstate this until the next academic year.
If they don't live with you then I would be surprised if you can be penalised.
"Under the Coronavirus Act 2020, the government disapplied certain statutory provisions on school attendance so that the parent of a child of compulsory school age would not be guilty of an offence on account of their child’s failure to attend school regularly at the school at which the child is registered."
This may well get repealed if and when GOV removes all COVID restrictions.
My guess is that 70% is possibly not a high enough threshold to go straight to court, and it would take many terms of consistent non-attendance and lots of "interventions" before triggering a charge?
vaud said:
OK - so she isn't going to be taken to court any time soon if it will need the law to repealed and then a long period of non-attendance; historic non-attendance won't be counted.
My guess is that 70% is possibly not a high enough threshold to go straight to court, and it would take many terms of consistent non-attendance and lots of "interventions" before triggering a charge?
IMHO and IANAL but do have relevant experience in this matter, the chances of any action are very low,My guess is that 70% is possibly not a high enough threshold to go straight to court, and it would take many terms of consistent non-attendance and lots of "interventions" before triggering a charge?
85% is usually the trigger for further action. However, with COVID and any absence of "interventions" I suspect not much will come of this.
The best course of action is obviously for the child to attend school. With support as to why the attendance is so low.
vaud said:
OK - so she isn't going to be taken to court any time soon if it will need the law to repealed and then a long period of non-attendance; historic non-attendance won't be counted.
My guess is that 70% is possibly not a high enough threshold to go straight to court, and it would take many terms of consistent non-attendance and lots of "interventions" before triggering a charge?
Well it has been for the past 6 month on and off , school avoidance some is because of bullying but now the child feels they have no friends.My guess is that 70% is possibly not a high enough threshold to go straight to court, and it would take many terms of consistent non-attendance and lots of "interventions" before triggering a charge?
Mother is telfon currently commits benefits fraud and has assaulted the child but my daughter was pressured to change her statement as mum said she would lose house and job etc so did, that doesn't help, women can do much as they please in these situations and the social workers do very little.
The mother is a trainee nurse associate doing baby checks in the community doesn't seem great that her daughter doesn't go to school
Edited by surveyor_101 on Tuesday 25th January 14:17
FunkyGibbon said:
IMHO and IANAL but do have relevant experience in this matter, the chances of any action are very low,
85% is usually the trigger for further action. However, with COVID and any absence of "interventions" I suspect not much will come of this.
The best course of action is obviously for the child to attend school. With support as to why the attendance is so low.
Yes the child has been going part time since xmas, today she refused to do work in the return to learning centre and wanted to go home both mum and i said no so she walked around the school being abusive to staff and swearing at which point, the mum msg me and asked me to collect saying the staff member wanted her picked up so i did, turns out that was wrong.85% is usually the trigger for further action. However, with COVID and any absence of "interventions" I suspect not much will come of this.
The best course of action is obviously for the child to attend school. With support as to why the attendance is so low.
The school wanted her gone due to behaviour, after 30 mins of trying to calm her down.
surveyor_101 said:
Yes the child has been going part time since xmas, today she refused to do work in the return to learning centre and wanted to go home both mum and i said no so she walked around the school being abusive to staff and swearing at which point, the mum msg me and asked me to collect saying the staff member wanted her picked up so i did, turns out that was wrong.
The school wanted her gone due to behaviour, after 30 mins of trying to calm her down.
Primary or secondary?The school wanted her gone due to behaviour, after 30 mins of trying to calm her down.
hyphen said:
surveyor_101 are you in a position to apply to the Court and see if you can get primary custody? Citing the school issue and Mother being convicted as sufficient grounds to require a change in arrangements.
Well one lives with me, 3 live with mum two have attendance issues, however the child with 100% had Friday off for a stiff neck!My second daughter is spolied and showered in gifts so she doesn't want to see me much only comes if she thinks she will get something out of it
14 year old was pushed out by new bf and now sees her mum once a week
Edited by surveyor_101 on Tuesday 25th January 20:16
surveyor_101 said:
Mother is telfon currently commits benefits fraud and has assaulted the child but my daughter was pressured to change her statement as mum said she would lose house and job etc so did, that doesn't help, women can do much as they please in these situations and the social workers do very little.
The mother is a trainee nurse associate doing baby checks in the community doesn't seem great that her daughter doesn't go to school
If this is true and then NMC and/or training college will need to know this and as such is unlikely to be allowed to register upon completion of training. The mother is a trainee nurse associate doing baby checks in the community doesn't seem great that her daughter doesn't go to school
Edited by surveyor_101 on Tuesday 25th January 14:17
School attendance of one child is irrelevant if the above has happened and police have been involved.
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