School Phobia and School Non-attendance
Schools
Most children will at some stage refuse to go to school. For some parent’s their child’s absence from school can cause serious concerns. Through the use of this case study, FJG’s education lawyer Yvonne Spencer, provides practical advice and guidance for parents.
Q: My daughter, aged 14-years, was bullied a few months ago at school. Despite assurances from the school that this was under control the bullying continued. My daughter is now refusing to go to school. I have been informed I will be visited next week by an Education Welfare Officer (EWO). Will I be prosecuted?
A: Unfortunately, in these circumstances if your daughter does not return to school you will be prosecuted. It is important when you meet with the Education Welfare officer to discuss services for your daughter which may enable her to return to the school. This could consist of a counselling or a self-esteem course. The fact the school does not appear to be able to provide a safe environment is no defence to a parent’s prosecution. I always advise parents to co-operate with the EWO and the school, which can be difficult for parents if they feel victimised.
Q: Can I ask the local authority to provide home education?
A: Most local authorities will only provide home education to children who have been certified by a doctor as being too ill to attend school. If this is the policy of your local authority you will need to find out from your GP whether s/he is prepared to provide you with such a certificate.
Q: If I am prosecuted, what will happen?
A: If the Local Authority decides to prosecute you, you will receive a Summons in the post. This will be accompanied by statements from the Education Welfare Officer and the Head Teacher of your daughter’s school outlining the details of your daughter’s non-attendance. You will also receive a form asking whether you intend to plead guilty/not guilty. You should return the form, but it is also advisable that you speak to a solicitor first. Unfortunately, Legal Aid is not usually available to cover a non guilty plea for this type of offence unless there is a risk of imprisonment. Imprisonment would not usually be imposed for a first offence, instead the Magistrates are likely to make a Parenting Order. If you have to attend court I would advise you to ask to speak to the court Duty Solicitor. This service will not cost you anything. Under the Magistrates Court Duty Solicitor Scheme, the duty solicitor will not be able to conduct a trial for you, but can represent you at other hearings.
Q: If my daughter won’t return to her school, can I send her to another school?
A: Yes, you could look for an alternative school place. To do this you should contact the Local Education Authority to find out which schools have vacancies in your daughter’s year. Sometimes Education Welfare Officers will assist in this process. In other cases it is necessary for parents to make the application directly to the school themselves.
Q: If I cannot find another school place, would it be possible to educate my daughter at home? I am very worried that she is missing too much time from her GCSE’s?
A: Yes it is possible to educate your daughter at home. In order to do this you should write to the school and ask her name to be removed from the school’s roll. The LEA must satisfy itself that the quality of education provided at home is suitable. For further advice on home education I recommend you contact a charitable organisation called “Education Otherwise”. This Charity advises parents of children who are educated at home and can give lots of advice about liaising with the Local Authority and structuring your child’s home education. The web page address is www.education-otherwise.org
The Charity also organises social events so that children who are home educated can get together so they do not miss out on the social aspect of their education.
If you have concerns about your child’s education you can contact Yvonne Spencer Solicitor Advocate at Fisher Jones Greenwood LLP Solicitors, Colchester, on 01206 835242 or via email info@fjg.co.uk