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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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This may seem a bit over the top but i am quite angry with

Customer Question

Hi. This may seem a bit over the top but i am quite angry with my childs school at the moment. My daughter has been off sick for the last four days. Each day i rang the school to report her absent. Her attendance rate is just over 86%, which for a four year old i think is pretty good. My anger about the school is they encourage poorly children to go to school instead of having time off and i have experienced this with my own daughter. I received a letter today referring me to the Attendance and Prosecution service. What i want to know is can i take action against the school for not protecting my child from preventable illness from other children and for loss of earnings, as when my daughter is off either me or my husband have to take time off work, obviously, (we are self employed and if we dont work we dont get paid) then if we get ill we take time off again if necessary to recover again without pay and all of this in part could be prevented.
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 10 months ago.
In all honesty i feel like writing a letter to the head teacher saying that the next time my child is ill because of them allowing sick children to attend school i will be claiming costs from the school for my loses incurred for time that i have to take off to look after my daughter and then time i have off when i am ill. Would i be able to do this. Hope this makes sense together with my original note.
Customer: replied 10 months ago.
I am just angry that i have had one of these absence letters when my daughter is really poorly and being threatened with the Attendance and Prosecution service for her `poor` attendance.
Expert:  Jo C. replied 10 months ago.
Well, nobody can stop you sending such a letter. It wouldn’t lead to any adverse consequences if you did as there would be no offences committed.
The question is whether or not you can act upon the threat though and the answer is that you cannot I’m afraid. There are lots of reasons for it. Firstly it would be impossible to prove that they caused the infection as opposed to any of the other ways it could have been caused. Secondly, I’m afraid that schools are educational establishments rather than child care providers.
I’m very sorry but I’m afraid that liability just plain does not attach to the school. If a child is sick then it is for the parents to provide care.
Can I clarify anything for you?
Jo
Customer: replied 10 months ago.
Thought not. Thanks for your help anyway.
Expert:  Jo C. replied 10 months ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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