Letter council sent mum facing criminal record for taking daughter on holiday during school term time
Not quite what you want after a holiday, this mum’s trip was followed by a letter sent by the council, telling her she is facing a criminal record.
Natalie Saunders took her daughter to Bodrum, Turkey, for a week-long getaway in May this year. But there was a slight problem, she took the eight-year-old away during school term time.
The mum knew the spot of unauthorised absence would lead to a £60 fine, but she wasn’t quite prepared for the criminal record the letter laid out.
When they initially got back from their £900 holiday in the sun, she said she didn’t get any kind of penalty fine notice in the post so just assumed everything was fine.
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Claiming she’d heard it wasn’t actually ‘guaranteed’ she’d get on, she didn’t follow up on the charge – big mistake. West Sussex County Council sent the letter in August, detailing that of course, she hadn’t paid the fine.
Sent under the 1996 Education Act, Section 23 Anti Social Behaviour Act and Section 16 Crime & Disorder Act, it said she hadn’t ‘accepted the offer of the Fixed Penalty Notice (FPN)’ issued on 6 June. This would have been ‘an alternative to Court action’.
The letter added: “Should you feel there has been an error in our records of payments I would urge you to contact us and offer the evidence of any payments at the earliest opportunity.”
It then went on to share the pretty bad news of what comes next: “As the offer of the FPN has not been taken it is now the intention for the Local Authority to prepare Court papers for the offence under the Education Act 1996.
“The Court action could lead to you being given a fine of up to £1,000 and receiving a criminal record. The Court may also require you to pay court costs.”
After getting this letter, Saunders had been in touch with the council but she says they’re intent on continuing with legal proceedings.
The mother is shocked as she pointed out that it's up to her to 'prove she hasn't received the letter', instead of the council needing to prove that they sent it.
Even after claiming to pay the fine late, the sums were refunded, as she has been given until 26 November to plead guilty or not.
Saunders, from Crawley, admitted that she 'was happy to pay the £60 fine', as 'it was a lot cheaper' to travel during the school year.
Saying she will ‘never’ take her child out of school again, she added: “The idea of getting a criminal record is devastating. I'm a good person. If I wasn't, I would have just taken my daughter off 'ill' for those six days. Even if the truth is bad, it is better than lying.
"It's a criminal record. I don't want this against my name. I've got a good job and work in risk and compliance and I am studying for a diploma to further my career and this could stop me in my tracks. It could ruin this."
West Sussex County Council said that headteachers are directed by the DfE to take a strong stance on unauthorised holidays during term time.
A spokesperson continued: "We follow the DfE National Guidelines on the use and issuing of Fixed Penalty Notices in such cases, ensuring a consistency of approach and practice. Unpaid fines are referred to the court process where parents are able to give their mitigation should they choose.
"In all cases the Fixed Penalty Notice and legal services teams follow the established legal process and the published code of conduct to ensure consistency and fairness to all cases."
Jess Battison