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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75727
Experience:  Over 5 years in practice
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I am being prosecuted by the local education authority for a

Customer Question

I am being prosecuted by the local education authority for a period of absence my daughter had from school due to bullying. During the absence I tried unsuccessfully to move my daughter to another school. The current school marked these absences as unauthorised hence the legal proceedings and despite several requests to the school to change these unauthorised absence marks to authorised so the need for prosecution doesn’t exist, school are refusing. Where do I stand with this please?
Assistant: Can you tell me where this is? And how long has this been going on?
Customer: Blackpool
Assistant: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?
Customer: To have the prosecution withdrawn. I have discussed this with school
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 4 months ago.
Category: Law
Expert:  Jo C. replied 4 months ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 4 months ago.

Are you asking if you have a defence?

Customer: replied 4 months ago.
As in solicitor?
Customer: replied 4 months ago.
Sorry I understand what you mean. Yes I am
Customer: replied 4 months ago.
I am asking if I have a defence
Expert:  Jo C. replied 4 months ago.

Thank you.

You could argue that this amounts to an "unavoidable cause" and so you would have a defence if you prove that was the reason for the absence.

I'm not sure it is the best defence to be wholly honest but it is arguable.

Can I clarify anything for you?