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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71142
Experience:  Over 5 years in practice
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My husband and I are being taken to court as my daughter refuses

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My husband and I are being taken to court as my daughter refuses to go to school, what can we do ?

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How old is she please?
Customer: replied 4 years ago.

Morning Jo, sorry it has taken me so long to get back to you, Kate is 16

years old


When did she stop attending?
Customer: replied 4 years ago.

It has been happening over the last two years, her attendance varies from 64% to 100% I feel that because she has missed so much she is finding it difficult, she has catch up classes but she misses these as well

Customer: replied 4 years ago.

100 % satisfaction

Well, that is always a problem. They miss the basis so just stop attending.

The problem is that its not a defence.

I'm afraid the Education Acts are very clear and they are of strict liability. You are both parents and if you have a child who is not attending it is for you to cause them to attend. I know that its always very difficult when you have a child who has a fondness of making allegations of abuse but its no defence.

You can always run a trial on this basis. Anything can be run ultimately and there is an argument with things like that that even if you lose the mitigation comes out before the Court. Sometimes Magistrates do decide that in spite of the law a parent has done everything they can. That would obviously be a fantastic result if it happens but the chances are that they would probably convict I'm afraid.

I'm very sorry but there is no defence on the facts that you mention.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.


Customer: replied 4 years ago.

Hi Jo,


how can we get her to school, we cannot throw her out of bed, I have thrown water over her talked about the need for education but she just won't get out ? I was talking with a parent who had similar problems with her son and the school sent teachers out and then the police making the problem shift from

the mothers to her sons, have you heard of this ? I am just getting in contact with the group I go to, to find out which county council did this.





Well, that is really a matter for you. There is no specific guidance on that point. Its more of a relationship issue than anything else.

No, the police would not be the remotest interested in this. It is for the parent to ensure children attend school.
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