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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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My 15 yr old boy is not going to school, i dont live with them

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My 15 yr old boy is not going to school, i dont live with them (i live with my new partner around 85 miles away).
my question is "can i be jailed for him not attending school?"
-Could you explain your situation a little more?
Customer: replied 3 years ago.

what further information do you require?

Is he attending school?
Customer: replied 3 years ago.

No he wont attend school, he refuses.

He lives with his Mum and i get to see him one weekend in every 2, his Mum is now putting pressure on me to force him to go to school saying that I (and her) will be imprisoned if he continues to refuse to go to school! I am not sure if she is correct that I can be imprisoned, I suffer from mental health issues and this is causing me a great deal of stress. I just need to know whether I stand the chance of imprisonment.

In theory you could be prosecuted. You are a parent and he is not attending. However, the practical reality is that you are not the likely target. She is the parent who is living with him. She will be the one they prosecute. There is no legal reason they could not prosecute you but they do not normally prosecute absentee parents as it would be unfair.
I wouldn't say that you suffer from mental health issues and are finding this stressful though. That will be a red rag to a bull. They will say you are making excuses and your chances of being prosecuted will be racked up ten fold.
In relation to imprisonment, that is a very draconian punishment reserved for serial repeat offenders.
The truth is that she needs to get him to school. She is charged with his care and will no doubt have been claiming benefits for him for 15 years. It is her responsibility to get him to school.
Can I clarify anything for you?
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