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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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Hello, my name is***** and I am the divorced father of

Resolved Question:

Hello, my name is***** and I am the divorced father of a 15 year old girl (Elizabeth) who as been a persistent truant at her school. I do not have custody of Elizabeth and have a poor relationship with my Ex-Wife.
Elizabeth's school has contacted me with respect to her absence and I have written to them, spoken to them on the phone and gone to see them to discuss the problem, I have also spoken with Elizabeth about her absence and encouraged her to attend.
This morning I received a letter from the Norwich Magisistrates Court , I have been summoned before them on the 26th of this month to answer a charge of allegedly being quility of an offence under section
444(1A) of the Education Act (1996).
If I do not have custody of Elizabeth and do not live with her can I be found quilty of this offence and be fined or imprisoned? At the meeting with her head mistress and the truancy officer they agreed that there was very little I could actually do to help the situation particularly as I live in Norwich and work in Ipswich Monday to Friday, and ***** *****ves in Acle with her mother. Yet they have still held me liable in their paperwork to the local authority.
Thank you for your time and consideration.
Phil Payne.
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Yes, they can still prosecute you. You are still a parent within the meaning of the Education Act. You do not need to have custody of a child to be a 'parent' and so responsible for her school attendances.
The practical reality is that probably they will not prosecute you in these circumstances for public interest reasons but there is no reason that they could not in law.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience: Over 5 years in practice
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