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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My family brought a holiday husband,two children and myself

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My family brought a holiday for my husband,two children and myself for a xmas present which was for the 22nd June 16 to the 30th June 16. I asked their schools for permission to take them out of school for this period of time. My daughter's primary school said no but my son's secondary school did not respond even though myself and my son chased them about it. I have since got a penalty for my daughter that dates a period of 21/4/16 to the 30/6/16 of failure to attend. My daughter got 100% attendance just before we took her on holiday but when speaking to Northamptonshire County council they stated that it was for the year and not for the period dated above and would be sending a new letter out. My little family do not have holidays as we ourselves can't afford them and so do not ask for our children to have time away from school. At the beginning of the school year in September my daughter did pick up bugs and had a maximum of 7 days off school through illness. But my question is can I fight this penalty?

Hello my name is ***** ***** I will help you with this.

So how many days in the last year has she taken off?

Customer: replied 1 year ago.
7 days for illness and 7 days for a holiday

Ok, then yes you can fight this.

You may remember the recent case in the High Court where Magistrates had ruled that Jon Platt had no case to answer as, overall, his daughter had attended school regularly. If that is the case there is no case to answer and this is the current law.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
How can I fight this and how much will it cost me?

You would need to dispute the penalty. They can then chose whether to take it to Court.

I would hope in light of the decision above would mean they do not take it further.

Please see:
If you are taken to Court you may be entitled to legal aid depending on your circumstances.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Thank you for your help

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

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