Published on 12, July, 2020
This is my first post please be kind my punctuation and spelling is not great
My husband and I have just received penalty notices for my 12 year old ASD son as we took him on holiday during term time my son can not deal with crowded places and lots of over excited children we obviously want our son to experience every opportunity we can give him but find if we take him away during school holidays it is too stressful and overwhelming for him so we have no choice but to take him during school term time when it is quieter and he can enjoy his break away. My son is in mainstream school and the school are well aware of why we take him away during term time. Has anyone else had this issue and is there anything we can do about the penalty notice as it states we have no statutory right to appeal but feel there is exceptional circumstances for the leave
IF you have not replied to the penalty notice, then this bit of rare and useful law applies.
They HAVE to get a reply out of you before taking enforcement action. It's called "joinder" in law,and it's a basic neccesity.
Think about that for a moment...
Do not apply this knowledge to speed camera notices, T.V. licence demands etc. or other penalty notices however, unless are really alienated from our society as it really needs your money from all those extra little "digs". This is way different to those people on you tube who argue with bailiffs, in those cases "joinder" has been established, and the people are now engaged in a "controversy" usually because they answered a letter.
BUT if you don't agree with a penalty notice or similar, on political or other grounds, "ignorance" is a very powerful tool. In the case of a speeding camera notice, when ignored you get a second more threatening notice. If you do not break at that point then you get a third notice, and some of those can be terrifying, but if you wait for the fourth one it doe not arrive. And they don't seem to keep any record. The system has been extensively tested over a greater than twenty year period, and unbelievably works as I describe.
It's part of the criminal "just us" system where "those in the know" can drive as fast as they bloody well like in tehri huge powerful cars with almost no chance of incurring the costs and penalties that afflict the rest of the population. Next time one blows past you on the motorway, now you know how they get away with it.
"Ignorance" is no excuse, it's a functional legal weapon!
Of course, it is a weapon that is nullified by personal service, but since signed for post doesn't actually require your personal signature any more, even that just got a whole mot more expensive and difficult to implement for systems that rely on your co-operation.
If the system is unfair, then always remember that they need you to play the game, or in this case respond to the letter, otherwise the game can't get started.
NOW. It could be argued that it is extremely irresponsible of me to publish such a workaround in a public forum. People could use this knowledge to avoid legitimate penalties. (and probably will). BUT in your case you could use it to ward off an unfair penalty, and have a legitimate need to know what is behind that penalty notice...
There is a principle that our laws operate with "the consent of the governed" which as some of the "Freemen" know is not always followed, but it underpins all but the oldest of our legal systems. You give that consent, automatically by responding. All (or most of the criminal classes learn this, and this, and other legal tricks is why it's so hard for the poor police force (when they do make an effort) to get the smarter or well connected criminals convicted.
BUT most GOOD people (like yourselves appear to be) are not criminals and would not converse with the criminal class when they get an opportunity, and equally are not part of the ruling classes either, so they dutifully answer the letters, and pay the subsequent fines, fees, and tariffs, that keep this deeply flawed, over complicated and under effective legal and money harvesting system working where YOU are the victims!!
I am not suggesting anyone break the law, but I am telling people the generally hidden bit of knowledge that you have a lot of choice in when and how you engage with it, or even in many, many case IF you choose to engage with it. This sort of knowledge is generally hidden because it is widely believed by the people who know that the average individual has no moral compass, and will use it to avoid any and all just penalties.
NOW a small subset of 1 in 50 of the population just got exposed to it, and the "conditioning" will ensure that most people reject it, so really it's only you guys and a handful of other readers who are likely to use it at all, so I feel quite justified in hitting "reply".
If a parent refuses to accept an FPN, the local authority will usually prosecute. That will mean a visit from an Education Welfare Officer, and an invitation for an interview under PACE caution. If the case comes to court, failure to engage with the Education Welfare Service (known in some areas as School Attendance Service) will form part of the local authority's evidence. As it says in the caution " it may harm your defence if you fail to mention when questioned ... " So if you ignore all approaches and then plead special circumstances in court, the prosecution can, in effect, say "you should have told us that before."
For a term-time holiday and a student whose attendance was otherwise good, it is possible that the LA might decide not to prosecute. Prosecutions are expensive and court time is limited. But if they do, expect a fine at least equivalent to the FPN, plus a victim surcharge and possibly costs, and a criminal record on top.
The FPN is a chance to avoid a morning in court, a fine and a criminal record. Ignoring it is a high risk strategy. You might get magistrates who will throw the case out, or you may get a hard time.
My experience as an EWO was that if a parent came to me with a reasonable explanation, and was prepared to engage with me and the school, it was possible to have the FPN withdrawn. In some areas, the School Attendance Service is privatised, and there is an expectation that officers will issue FPNs more or less routinely. However, it is the local authority that has to present the case in court, and the Courts Officer should at least listen to your argument.
An EWO does not have a power of entry into your premises. If a parent was avoiding me, that was reasonable grounds to ask the police to attend and do a welfare check. If it was a council or housing association property I would usually have a housing offer visit - if you are not getting my letters you might have moved or be sub-letting. One bright person opened the door, took the letter, tore it up and told me where to stick the pieces. Once he had the letter in his hand it was legal personal service, whether he read it or not.