School absence penalty notice (non-biological parent)
Discussion
I'll try to keep this potentially long and complex explanation simple, so I'll stick primarily to bullet points with some stuff on the end. My question surrounds a point of law, rather than any associated moral or social implications, and I would welcome input.
My 'issue' with this is that there is no scope for appeal (though one could choose to attend court), and that as I have no legal parental responsibility for the child this is manifestly unfair. I have no legal rights to speak to the school, can't sign his paperwork or forms, can't deal with medical professionals concerning his care, and can't compel his mother to send him to school because 'you have no legal rights to him and he's not your responsibility'. And yet, I can be fined for something I legally have no responsibility for or control over. This shouldn't be the case, right? How can one be legally responsible for ensuring a child gets an education, yet the same laws say one has no power over said child and no rights to access, medical consent, or schooling matters etc? That's beyond hypocrisy.
Ironically the child is currently absent from school (effective today) because the bullying has become untenable. A teacher - his form tutor - stood him in front of the class today and told him (in full earshot of his classmates and the bullying gang) that he's not surprised he gets bullied in school because he acts differently from the other kids! This is a child with autism, remember. Talk about condoning it! My wife spoke to the school's principal yesterday about what this teacher had said, about the ongoing bullying and about the school's lack of action. She'd caught him by chance at the school gate (he's been 'unavailable' for a meeting for the last year and a bit). He was rude, put his hand up toward her face and told her if she had a problem to download the policies from the school website.
We did just that, and s13 of their 'Meeting the needs of children with medical conditions' policy means they can't penalise him for being absent due to a medical condition. Reading half a dozen of their other policies shows they have failed to follow all of them. The lad has no Individual Health Care Plan at school outlining his needs and medical conditions (apparently compulsory), even though school holds his medication. They also failed to adhere to their safeguarding policies. A written complaint is in the works to the chair of governors and then the DfE (per the complaints procedure).
So, he's absent today - explicitly referencing s13 of that policy - on the grounds of mental health and his autism, because of the toxic environment the school have placed him in; especially the teacher's public comments. The poor lad spent the whole of last night sobbing and asking why the teachers say it's OK to bully him even though we told him he was supposed to trust them to end the bullying. What do you say to that? He's a mess today.
We are looking to have him moved to a specialist school (he was only in mainstream school at the suggestion of the ed psych who said it may 'bring him on'), but in the interim the issue of the penalty notice stands. I feel the school were unreasonable to deny leave given the circumstances, especially given his perfect attendance. I doubly take issue with being fined personally when I have no legal rights or say over the child in question, yet legally I'm supposed to magically be able to compel his actual parents to parent him a particular way under threat of financial penalty. His biological father received no notice, by the way, as there are no contact details for him.
AFAIK the law doesn’t compel a child to attend "a school", only to be educated - which is the responsibility of the parents. What if the child was home schooled that week and had a trip to a foreign country? It's playing semantics but that's exactly what this 'fine non-parental entities for not meeting parental responsibilities' is doing. Why not play their own game in return? Being serious though, a statutory defence to the penalty is that the child was absent on medical grounds. Surely being referred to CAHMS due to suicidal ideation surrounding school life, followed by a short break to feel better, is medical leave in itself? Unfortunately court is the only way to advance this argument and my wife and I are both disabled and would struggle with this.
In reality the fines will be paid, but as I said it raised a question of law. How can I be legally responsible for his attendance at school while having absolutely no legal rights to have any say in (or influence over) his upbringing, his schooling, his medical care or his costs (eg I can't be compelled to pay child support)? It's nonsense, surely?
- I married my wife three years ago.
- She has a son from a previous relationship, who now lives with us as a couple.
- My wife and I have two further young children, who are biologically mine.
- The son is diagnosed with moderately severe autism spectrum disorder, has a naive outlook, lacks social skills and common sense. His testing by the educational psychologist at school listed his abilities at around 18 months old (he's almost 13).
- Upon moving to high school just over a year ago (a Catholic Academy), he began to be physically, verbally and even 'sexually' assaulted on a daily basis.
- This impacted him severely, as you can imagine, and he literally came home cut and bruised every day.
- School were slow to react, and bullying continued throughout his tenure in year 7 (first year). Again, this was daily. Videos were posted online of him being assaulted and teased, pictures with unpleasant homophobic slurs were posted to social media, and he was beaten and had drinks poured over him daily. This continues to the present day.
- He eventually told a staff member he was going to kill himself. This led to a referral to CAMHS (child and adolescent mental health services). They wrote a detailed report to the school, suggesting the bullying was not dealt with appropriately, and underlined his autism and mental health needs at the school. The school did not acknowledge this report and have not acted on anything contained within it.
- Despite this literally daily beating, the child refused to stay away from school (even when a 'break' was suggested to him), and his attendance was 100%. He said he'd miss his (two) friends too much so being beaten was worth it. Dealing with autism is hard!
- In May 2018, we booked a short 6-day family holiday as the child's mental health was at a precipitous point. He was still being beaten, ridiculed and harassed daily in school, to the point where children were laughing at teachers, walking away from them and punching the child in the face openly. The teachers continued to do nothing of any consequence.
- The holiday brought a new lease of life to my wife's son, gave him some mental space to recover somewhat and to find some 'happy space' again.
- He returned to school the following week with renewed vigour, but the bullying continued (and remains to this day).
- The school refused to authorise absence for the holiday, despite our requesting it on the grounds of his 100% attendance and his obvious declining mental health and threats of suicide due to the environment at their school. His wife and I received penalty notices today from the local council, due to absence not authorised by the school's principal.
My 'issue' with this is that there is no scope for appeal (though one could choose to attend court), and that as I have no legal parental responsibility for the child this is manifestly unfair. I have no legal rights to speak to the school, can't sign his paperwork or forms, can't deal with medical professionals concerning his care, and can't compel his mother to send him to school because 'you have no legal rights to him and he's not your responsibility'. And yet, I can be fined for something I legally have no responsibility for or control over. This shouldn't be the case, right? How can one be legally responsible for ensuring a child gets an education, yet the same laws say one has no power over said child and no rights to access, medical consent, or schooling matters etc? That's beyond hypocrisy.
Ironically the child is currently absent from school (effective today) because the bullying has become untenable. A teacher - his form tutor - stood him in front of the class today and told him (in full earshot of his classmates and the bullying gang) that he's not surprised he gets bullied in school because he acts differently from the other kids! This is a child with autism, remember. Talk about condoning it! My wife spoke to the school's principal yesterday about what this teacher had said, about the ongoing bullying and about the school's lack of action. She'd caught him by chance at the school gate (he's been 'unavailable' for a meeting for the last year and a bit). He was rude, put his hand up toward her face and told her if she had a problem to download the policies from the school website.
We did just that, and s13 of their 'Meeting the needs of children with medical conditions' policy means they can't penalise him for being absent due to a medical condition. Reading half a dozen of their other policies shows they have failed to follow all of them. The lad has no Individual Health Care Plan at school outlining his needs and medical conditions (apparently compulsory), even though school holds his medication. They also failed to adhere to their safeguarding policies. A written complaint is in the works to the chair of governors and then the DfE (per the complaints procedure).
So, he's absent today - explicitly referencing s13 of that policy - on the grounds of mental health and his autism, because of the toxic environment the school have placed him in; especially the teacher's public comments. The poor lad spent the whole of last night sobbing and asking why the teachers say it's OK to bully him even though we told him he was supposed to trust them to end the bullying. What do you say to that? He's a mess today.
We are looking to have him moved to a specialist school (he was only in mainstream school at the suggestion of the ed psych who said it may 'bring him on'), but in the interim the issue of the penalty notice stands. I feel the school were unreasonable to deny leave given the circumstances, especially given his perfect attendance. I doubly take issue with being fined personally when I have no legal rights or say over the child in question, yet legally I'm supposed to magically be able to compel his actual parents to parent him a particular way under threat of financial penalty. His biological father received no notice, by the way, as there are no contact details for him.
AFAIK the law doesn’t compel a child to attend "a school", only to be educated - which is the responsibility of the parents. What if the child was home schooled that week and had a trip to a foreign country? It's playing semantics but that's exactly what this 'fine non-parental entities for not meeting parental responsibilities' is doing. Why not play their own game in return? Being serious though, a statutory defence to the penalty is that the child was absent on medical grounds. Surely being referred to CAHMS due to suicidal ideation surrounding school life, followed by a short break to feel better, is medical leave in itself? Unfortunately court is the only way to advance this argument and my wife and I are both disabled and would struggle with this.
In reality the fines will be paid, but as I said it raised a question of law. How can I be legally responsible for his attendance at school while having absolutely no legal rights to have any say in (or influence over) his upbringing, his schooling, his medical care or his costs (eg I can't be compelled to pay child support)? It's nonsense, surely?
I am very saddened to read of such a case as this.
Bullied, in whatever form it takes, should be publicly, morally and ethically denounced. Yet to have a school seemingly ignore it, in the forum for which most will understand, if not, (rightly) accept, is the 'home' (if such a term is right) for bullying, is just repugnant beyond words.
Beyond the legal issue you have, I for one am so very sorry you, your wife, but beyond all your son, has/is gone/going through this.
So very sad
Bullied, in whatever form it takes, should be publicly, morally and ethically denounced. Yet to have a school seemingly ignore it, in the forum for which most will understand, if not, (rightly) accept, is the 'home' (if such a term is right) for bullying, is just repugnant beyond words.
Beyond the legal issue you have, I for one am so very sorry you, your wife, but beyond all your son, has/is gone/going through this.
So very sad
Edited by dukeboy749r on Friday 28th September 12:50
Sounds like a complete lack of support from the school. I'd be looking for some legal advice from a specialist, not particularly for the unauthorised absence, but regarding the way they've dealt with a child with special needs.
I'd also tell the school that until they can guarantee his safety he won't be returning (to be honest I'd have done that after the first instances of bullying).
I'd also tell the school that until they can guarantee his safety he won't be returning (to be honest I'd have done that after the first instances of bullying).
I can only offer advice based on gut feeling, sorry I'm not a legal proffessional.
Can an Acedamy issue and enforce a notice like this?
Could you approach the Local education Authority
What about the local priest
I wish you luck my friend, so sound like a very good husband and step farther and deserve better treatment
Can an Acedamy issue and enforce a notice like this?
Could you approach the Local education Authority
What about the local priest
I wish you luck my friend, so sound like a very good husband and step farther and deserve better treatment
What an awful situation to be in. I hope you are able to find a new school for him ASAP.
In relation to the charge, I am unsure of the full legalities but on the school forms we had to list the people who the child lives with so if it is the same for you,they probably just gone off that in issuing the fines.
In relation to the charge, I am unsure of the full legalities but on the school forms we had to list the people who the child lives with so if it is the same for you,they probably just gone off that in issuing the fines.
Thanks for the kind words so far chaps. We did indeed inform the school's behavioural officer that we'd be keeping him off school until his welfare and safeguarding was assured. This was fairly early on (last year) after the sexualised assault. The lad was pushed into a changing cubicle, stripped naked and whipped around his private parts by the gang. The school told us it wasn't assault as it doesn't apply on school premises, and that they would 'deal with it'. They told us explictly if we kept him away from school pending resolution they would bring the full weight of the law on us, social services, LEA, penalty notices, and so on. I asked why they weren't this vigilant regarding the bullies and their familes, to be told 'they have their own issues, there is parental drug taking involved'. So, carte blanche for them and an impossible situation - with no support - for us or 'our' lad.
Changing schools is doubly difficult, as (1) autism makes change ridiculously difficult and (2) it means we have to pursue six months of fresh assessment to update his eHAT and IEP from primary school (basically statement of special needs, school requirements, etc with the local authority). Ironic that they can't wait to issue fines to us for a week's leave due to feeling suicidal (becasue of school itself!) but they can't so much as phone a bully's parents because 'they have their own things to deal with'.... Yeah. OK... :/
Changing schools is doubly difficult, as (1) autism makes change ridiculously difficult and (2) it means we have to pursue six months of fresh assessment to update his eHAT and IEP from primary school (basically statement of special needs, school requirements, etc with the local authority). Ironic that they can't wait to issue fines to us for a week's leave due to feeling suicidal (becasue of school itself!) but they can't so much as phone a bully's parents because 'they have their own things to deal with'.... Yeah. OK... :/
I can't offer any advise, however if of interest I have an idea. My Mother has been the Head Governor at two separate schools. She is also extremely knowledgeable around all disabilities and conditions, as she does a lot of work with disability organisations and charities.
I am happy to email her a link to this thread for her thoughts if you wish, as I think in a number of ways she would be in a great position to advise you.
I am happy to email her a link to this thread for her thoughts if you wish, as I think in a number of ways she would be in a great position to advise you.
rainmakerraw said:
My 'issue' with this is that there is no scope for appeal (though one could choose to attend court), and that as I have no legal parental responsibility for the child this is manifestly unfair. I have no legal rights to speak to the school, can't sign his paperwork or forms, can't deal with medical professionals concerning his care, and can't compel his mother to send him to school because 'you have no legal rights to him and he's not your responsibility'. And yet, I can be fined for something I legally have no responsibility for or control over. This shouldn't be the case, right? How can one be legally responsible for ensuring a child gets an education, yet the same laws say one has no power over said child and no rights to access, medical consent, or schooling matters etc? That's beyond hypocrisy.
It's just the same as a fixed penalty for speeding - you either accept it and pay, or don't and you might get summonsed to Court. Fixed penalties can be withdrawn - I wonder if there are figures for how many non-attendence penalties aren't paid and end up in Court? I'm guessing not many, but I could be completely wrong.
As you've said, they can be applied to anyone who is involved in caring for the child, so your legal status in that respect is a bit of a red herring. Also, you must have been complicit in the decision to withdraw the child for a family holiday.
But there are much bigger issues for you and your wife to deal with this. The above is close to irrelevant.
What a terrible situation, for your stepson, your wife and you. You have my sympathies.
To be honest, if this were happening to my stepson, I would now be speaking to a lawyer. I would say that the institution as a collective and specific individuals within the school, such as the headteacher and the teacher you mention, have failed in their duties towards your stepson so comprehensively that nothing less will do. The educational equivalent of the past failures of North Staffordshire Hospital scandal, if you like. Try to make a diary, even if retrospective, of any events and photograph and physical injuries as well as damage to belongings. Yes, definitely start with a complaint through the standard mechanism but don't be fobbed off, don't let them delay and escalate to the next level without any delays. If it's possible to start some sort of legal action, I would definitely do that in this instance. It doesn't sound like the head or the other teacher should have anything to do with education.
To continue your stepson's education in the most productive way, I would withdraw him from his current school, and find a suitable specialist school. There's no reason why this can't happen simultaneously as any complaint or other action being taken with regards to the total failure of the current school. I wouldn't pay any fines either. At his age and level of learning disability, it should've been obvious to the educational psychologist that he would not have been able to cope in an ordinary school much beyond 9 or 10 years of age, if not earlier, but that's a side issue and I don't think it'd be worth pursuing.
To be honest, if this were happening to my stepson, I would now be speaking to a lawyer. I would say that the institution as a collective and specific individuals within the school, such as the headteacher and the teacher you mention, have failed in their duties towards your stepson so comprehensively that nothing less will do. The educational equivalent of the past failures of North Staffordshire Hospital scandal, if you like. Try to make a diary, even if retrospective, of any events and photograph and physical injuries as well as damage to belongings. Yes, definitely start with a complaint through the standard mechanism but don't be fobbed off, don't let them delay and escalate to the next level without any delays. If it's possible to start some sort of legal action, I would definitely do that in this instance. It doesn't sound like the head or the other teacher should have anything to do with education.
To continue your stepson's education in the most productive way, I would withdraw him from his current school, and find a suitable specialist school. There's no reason why this can't happen simultaneously as any complaint or other action being taken with regards to the total failure of the current school. I wouldn't pay any fines either. At his age and level of learning disability, it should've been obvious to the educational psychologist that he would not have been able to cope in an ordinary school much beyond 9 or 10 years of age, if not earlier, but that's a side issue and I don't think it'd be worth pursuing.
Have you only raised the issue with the (ineffective) school? The shower incident is clearly sexual assault, and I'd be questioning why the police weren't brought in by the school to cover their own bottoms from a Safeguarding perspective. If you have time, poddle down to the station and ask some questions. Time to get a little more proactive on your part.
Sheepshanks said:
It's just the same as a fixed penalty for speeding - you either accept it and pay, or don't and you might get summonsed to Court.
Fixed penalties can be withdrawn - I wonder if there are figures for how many non-attendence penalties aren't paid and end up in Court? I'm guessing not many, but I could be completely wrong.
As you've said, they can be applied to anyone who is involved in caring for the child, so your legal status in that respect is a bit of a red herring. Also, you must have been complicit in the decision to withdraw the child for a family holiday.
Actually, I wasn't at all complicit. My wife said she had looked on whatever website and decided we needed a break. She'd booked a holiday as a last minute deal as she'd been at her wits' end and sleepless for a week or so over her lad's suicide threats and sobbing his way to school every day. While the legal aspect may be a red herring, it's still a valid point is it not? Since I have no legal say over any aspect of the child's care, how can I simultaneously be legally fined for said care not being to the principal's liking? I'm surely either legally responsible for the child, or I'm not. You, 'Sheepshanks' aren't holding parental responsibility for this child either, so I bet you'd be pretty miffed if my LA forwarded a notice to you!Fixed penalties can be withdrawn - I wonder if there are figures for how many non-attendence penalties aren't paid and end up in Court? I'm guessing not many, but I could be completely wrong.
As you've said, they can be applied to anyone who is involved in caring for the child, so your legal status in that respect is a bit of a red herring. Also, you must have been complicit in the decision to withdraw the child for a family holiday.
As I said the fines will be paid, we haven't the means or the strength to fight this, and the boy's welfare is the primary concern. The stark contrast in the opposing legal situations is what piqued my interest, in that I at once have no control or say over the boy in law, yet am apparently legally responsible for him or else.
Fermit and Sarah said:
I can't offer any advise, however if of interest I have an idea. My Mother has been the Head Governor at two separate schools. She is also extremely knowledgeable around all disabilities and conditions, as she does a lot of work with disability organisations and charities.
I am happy to email her a link to this thread for her thoughts if you wish, as I think in a number of ways she would be in a great position to advise you.
That certainly can't do any harm, thank you.I am happy to email her a link to this thread for her thoughts if you wish, as I think in a number of ways she would be in a great position to advise you.
rainmakerraw said:
Thanks for the kind words so far chaps. We did indeed inform the school's behavioural officer that we'd be keeping him off school until his welfare and safeguarding was assured. This was fairly early on (last year) after the sexualised assault. The lad was pushed into a changing cubicle, stripped naked and whipped around his private parts by the gang. The school told us it wasn't assault as it doesn't apply on school premises, and that they would 'deal with it'. They told us explictly if we kept him away from school pending resolution they would bring the full weight of the law on us, social services, LEA, penalty notices, and so on. I asked why they weren't this vigilant regarding the bullies and their familes, to be told 'they have their own issues, there is parental drug taking involved'. So, carte blanche for them and an impossible situation - with no support - for us or 'our' lad.
Changing schools is doubly difficult, as (1) autism makes change ridiculously difficult and (2) it means we have to pursue six months of fresh assessment to update his eHAT and IEP from primary school (basically statement of special needs, school requirements, etc with the local authority). Ironic that they can't wait to issue fines to us for a week's leave due to feeling suicidal (becasue of school itself!) but they can't so much as phone a bully's parents because 'they have their own things to deal with'.... Yeah. OK... :/
WTF about the bit in bold?? That's absolute nonsense! I would actually speak to the police straightaway, no matter how long ago the attack occured. As you have made representations at the time, there will be evidence of the attack having taken place. It's complete nonsense that an assaoult isn't an assault if it happens in school premises. Absolute, first rate, unadulterated male bovine excrement. Given all the historic abuse cases being reopened, I would expect the police to act with some vigour.Changing schools is doubly difficult, as (1) autism makes change ridiculously difficult and (2) it means we have to pursue six months of fresh assessment to update his eHAT and IEP from primary school (basically statement of special needs, school requirements, etc with the local authority). Ironic that they can't wait to issue fines to us for a week's leave due to feeling suicidal (becasue of school itself!) but they can't so much as phone a bully's parents because 'they have their own things to deal with'.... Yeah. OK... :/
Regarding changing school, yes, I appreciate that it will be difficult; more for your stepson as a child with autism than any procedural difficulties and challenges you will face which are going to be pretty daunting in themselves. However, it really is the only viable option if you want to prevent further physical, mental, emational or educational harm to him.
randlemarcus said:
Have you only raised the issue with the (ineffective) school? The shower incident is clearly sexual assault, and I'd be questioning why the police weren't brought in by the school to cover their own bottoms from a Safeguarding perspective. If you have time, poddle down to the station and ask some questions. Time to get a little more proactive on your part.
Quite, hence withdrawing him from school and escalating to the governors. The LEA and DfE can't and won't get involved until the internal complaints policy is exhausted. As for the police, we were sat down in school by their behaviour officer and deputy head (the former of whom took pains to emphasise he was an ex police officer) who told us that we could not make a complaint and the police would not wish to deal with it, as it was a school problem. It was also intimated that if we tried to do so, things would suddenly be very difficult for us regarding social services visits. Bear in mind, as I said, my wife and I are both disabled and I'm autistic also. It's not easy to be dealing with all this, especially when such pressures are applied.We do have home insurance, and legal advice may well be the next step. I hadn't considered using that avenue.
Another thought. You might be able to get some help from your stepson's GP. My wife is a GP and she's the safeguarding lead at their practice; and my best mate used to be the national learning disability lead at the Royal College of General Practitioners. Both are quite well versed regarding the needs of children with special needs. I can ask their advice if you would be happy for me to do so, and if you like, drop me a PM and we can take it offline and discuss with more details.
rainmakerraw said:
Quite, hence withdrawing him from school and escalating to the governors. The LEA and DfE can't and won't get involved until the internal complaints policy is exhausted. As for the police, we were sat down in school by their behaviour officer and deputy head (the former of whom took pains to emphasise he was an ex police officer) who told us that we could not make a complaint and the police would not wish to deal with it, as it was a school problem. It was also intimated that if we tried to do so, things would suddenly be very difficult for us regarding social services visits. Bear in mind, as I said, my wife and I are both disabled and I'm autistic also. It's not easy to be dealing with all this, especially when such pressures are applied.
We do have home insurance, and legal advice may well be the next step. I hadn't considered using that avenue.
Excuse the french, but f&*k that sh*t. Given the threats, you may want to approach Social Services yourselves first, discuss it through with them, and then bring the police in, or let SS do that for you. You seem like a sensible advocate for the boy, and a good parent. Let that shine through with them - they aren't going to take the boy into care on the word of a teacher who sounds like he is already breaking the mandatory reporting laws around safeguarding.We do have home insurance, and legal advice may well be the next step. I hadn't considered using that avenue.
Edited to add, might be worth taking this to Mumsnet - they have some very very knowledgeable posters on these issues over there.
rainmakerraw said:
Fermit and Sarah said:
I can't offer any advise, however if of interest I have an idea. My Mother has been the Head Governor at two separate schools. She is also extremely knowledgeable around all disabilities and conditions, as she does a lot of work with disability organisations and charities.
I am happy to email her a link to this thread for her thoughts if you wish, as I think in a number of ways she would be in a great position to advise you.
That certainly can't do any harm, thank you.I am happy to email her a link to this thread for her thoughts if you wish, as I think in a number of ways she would be in a great position to advise you.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff