Solicitor for Education law - North East
Solicitor for Education law - North East
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JustDerv

Original Poster:

296 posts

237 months

Wednesday 10th November 2021
quotequote all
Hi,

Not wanting to go into specifics here however does anyone know a solicitor who can advise on Education law?

I have a formal interview with my Local Authority next week which is to be conducted under PACE about school attendance and I have been advised to seek legal advice. However, despite contacting a few different firms, none of them can help and they advised me to contact the Law society. I searched on their website and found one solicitor who covers education law and contacted them, only to be told they could not help due to a conflict of interest.

There seems to be no one else in my area (County Durham) that can help and it's looking like I may have to attend without any legal advice first.

Does anyone know what possible next steps I can take, or knows any solicitors who may be able to help?

Thanks

pavarotti1980

6,329 posts

113 months

Wednesday 10th November 2021
quotequote all
JustDerv said:
Hi,

Not wanting to go into specifics here however does anyone know a solicitor who can advise on Education law?

I have a formal interview with my Local Authority next week which is to be conducted under PACE about school attendance and I have been advised to seek legal advice. However, despite contacting a few different firms, none of them can help and they advised me to contact the Law society. I searched on their website and found one solicitor who covers education law and contacted them, only to be told they could not help due to a conflict of interest.

There seems to be no one else in my area (County Durham) that can help and it's looking like I may have to attend without any legal advice first.

Does anyone know what possible next steps I can take, or knows any solicitors who may be able to help?

Thanks
Irwin Mitchell have Education Law Solicitors unless you already found them. https://www.irwinmitchell.com/personal/protecting-...
They may or may not be able to help but surely could point you in the direction of someone who can

If you have had a slip or trip at work they can also get you compensation

JustDerv

Original Poster:

296 posts

237 months

Wednesday 10th November 2021
quotequote all
Thanks I had found Irwin Mitchell and have dropped them an email. Wish it was as simple as a slip/trip.

Decky_Q

2,084 posts

206 months

Wednesday 10th November 2021
quotequote all
Unless you've already been to court, it will most likely result in a charge of £60 per day per pupil in England. They hand these charges out regularly and easily unless you want to go to court.

My friend is a truancy officer here in NI, they have a higher threshold of 40% attendance and then its £1k for first offence.

I am not a lawyer or a truancy officer but have been told this by someone who should be reliably informed.

Sebring440

3,203 posts

125 months

Wednesday 10th November 2021
quotequote all
JustDerv said:
I have a formal interview with my Local Authority next week which is to be conducted under PACE about school attendance
Does PACE in this context mean the Police and Criminal Evidence Act?

How is school attendance (or lack of) a criminal offence? And how can your local authority conduct a crminal investigation.

What am I missing or misunderstanding?


Ussrcossack

1,102 posts

71 months

Thursday 11th November 2021
quotequote all
You are correct about PACE

And Yes Local Authorities can and do carry out interviews under PACE, just like HMRC

I think to have got to this situation something has gone wildly wrong

JustDerv

Original Poster:

296 posts

237 months

Thursday 11th November 2021
quotequote all
Hi,

Yes it is a formal interview under caution, being undertaken by the Local Authority.

It is a difficult situation as it is my stepson, and it is his Mother (my Wife) in the firing line. I don't want to go into too much detail here as you never know who is reading the forums and if I put down our situation it is possible the LA/School could identify us.

We are currently struggling to get him referred back to CAMHS. The other professionals and the school are not being much help.

Despite contacting Irwin Mitchell we're still waiting for the callback they promised. Also received notification from the school today that the location for the formal interview has been changed for next Monday.

Thanks for all your comments though

pavarotti1980

6,329 posts

113 months

Thursday 11th November 2021
quotequote all
JustDerv said:
Hi,

Yes it is a formal interview under caution, being undertaken by the Local Authority.

It is a difficult situation as it is my stepson, and it is his Mother (my Wife) in the firing line. I don't want to go into too much detail here as you never know who is reading the forums and if I put down our situation it is possible the LA/School could identify us.

We are currently struggling to get him referred back to CAMHS. The other professionals and the school are not being much help.

Despite contacting Irwin Mitchell we're still waiting for the callback they promised. Also received notification from the school today that the location for the formal interview has been changed for next Monday.

Thanks for all your comments though
Can you request they change the date to allow you to have legal representation? Do you have legal cover on home insurance who may be able to help

IJWS15

2,203 posts

114 months

Thursday 11th November 2021
quotequote all
Speak to your local citizens advice, they will probably know a local who can provide the service.

SIMON67

346 posts

287 months

Thursday 11th November 2021
quotequote all
You are under no obligation to attend the interview: it is voluntary.

Graveworm

9,212 posts

100 months

Thursday 11th November 2021
quotequote all
Sebring440 said:
Does PACE in this context mean the Police and Criminal Evidence Act?

How is school attendance (or lack of) a criminal offence? And how can your local authority conduct a crminal investigation.

What am I missing or misunderstanding?
They are obliged to carry out their investigations in accordance with PACE and being the parent of a child who doesn't regularly attend school (With many provisos) is a criminal offence.
https://www.legislation.gov.uk/ukpga/1996/56/secti...

Sheepshanks

40,965 posts

148 months

Thursday 11th November 2021
quotequote all
JustDerv said:
It is a difficult situation as it is my stepson, and it is his Mother (my Wife) in the firing line.
It'll be you as well, won't it?

JustDerv

Original Poster:

296 posts

237 months

Thursday 11th November 2021
quotequote all
I did check my home insurance as I have legal cover on there, but it is only for legal issues with the house such as neighbour/boundary disputes. I doubt they will be amenable to moving the date as they seem to have jumped straight into this formal process without waiting till the professional routes have been exhausted (One Point, CAMHS to mention two).

I will see if I can contact Citizens advice, but it may be too late in the day now.

As for not attending the interview, I think this will not endear us to the court if it does get to that stage.

Thanks

JustDerv

Original Poster:

296 posts

237 months

Thursday 11th November 2021
quotequote all
Sheepshanks said:
It'll be you as well, won't it?
Yes, while the biological father gets off free despite encouraging said behaviour.

agtlaw

7,394 posts

235 months

Thursday 11th November 2021
quotequote all
Sebring440 said:
Does PACE in this context mean the Police and Criminal Evidence Act?

How is school attendance (or lack of) a criminal offence? And how can your local authority conduct a crminal investigation.

What am I missing or misunderstanding?
Yes.

Parliament passed a law making it so.

Local authorities investigate and prosecute cases. Here’s the sentencing guideline: https://www.sentencingcouncil.org.uk/offences/magi...

See above.

OP needs a criminal solicitor, not an education law solicitor.




JustDerv

Original Poster:

296 posts

237 months

Thursday 11th November 2021
quotequote all
agtlaw said:
Yes.

Parliament passed a law making it so.

Local authorities investigate and prosecute cases. Here’s the sentencing guideline: https://www.sentencingcouncil.org.uk/offences/magi...

See above.

OP needs a criminal solicitor, not an education law solicitor.
Thank you agtlaw, I have contacted another solicitor in my area and specified a criminal solicitor instead.