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education authority taking me to court
11 Answers
i have been taken to court by LEA , they say i am not sending my daughter to school, in fact my daughter is abusive and refuses to get out of bed , she attends school but is more often then not late. i have pleaded not guilty and now have to go to trial. my solicitor says i may get a conditional discharge, how long will this stay on my record for and will it affect the job that i have working in a school?
thanks for any replies
thanks for any replies
Answers
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i understand that she is my responsibility , i can not get her out of bed, i have tried everything short of getting physical with her, which i can not possibly do! my daughter is a law unto herself and finds the situation i am in funny as she is not in trouble for it,
my original question was about how long this would stay on my record and wether or not it would affect my job.
my solicitor beleives i have very unfaily treated and what they are doing is extremly harsh her attendance being 85% . lateness is deemed as her not being there at all and its this lateness that has affected her attendance level,
my original question was about how long this would stay on my record and wether or not it would affect my job.
my solicitor beleives i have very unfaily treated and what they are doing is extremly harsh her attendance being 85% . lateness is deemed as her not being there at all and its this lateness that has affected her attendance level,
Do not resign yourself to a prosecution, get the little bitch out of bed and out the door with your boot up her ar5e. Just give her a warning then tip a bucket of water over her in bed she'll soon get up. Really! are you really saying you can't handle the brat? perlease no wonder society is collapsing when parents would rather take a prosecuition that solve the problem. My mum would have dragged me down the school by my earhole! If you get prosecuted for this it will stay for at least 10 years and yes it will effect your job, DON'T LET IT HAPPEN.
A criminal record is for life.
A conditional discharge becomes 'spent' (for most purposes) after one year or at the end of the period for which it applies (whichever is the longer). That means that for most purposes (e.g. insurance applications and most job applications) you won't need to declare your conviction after that time.
However, some types of employment are exempt from the provisions of the Rehabilitation of Offenders Act. These include jobs involved in the administration of justice and working with, or alongside, children or vulnerable adults. When applying for these jobs, you'll always have to declare your conviction and, if the employer carries out a check with the Criminal Records Bureau, your conviction will always show up.
An employer can only dismiss someone from employment, for a criminal offence committed outside of that employment, when it can be shown that it is inappropriate for the employee to remain in that post.
If a teacher was convicted of failing to ensure that their own child attended school, the governors of the school would have to ask themselves whether, based upon the inevitable bad publicity, parents would lose faith in the ability of the teacher.
Similarly, if the employee worked as a lunch-time supervisor, the governors might take the view that parents could take the attitude "If she can't control her own daughter, what right has she to be in charge of our kids?". (They might, thus, decide that it's inappropriate for the employee to remain in post, based upon a 'loss of trust').
However, if the employee worked in the school kitchens, and had little contact with pupils, it's unlikely that there would be grounds for dismissal.
Chris
A conditional discharge becomes 'spent' (for most purposes) after one year or at the end of the period for which it applies (whichever is the longer). That means that for most purposes (e.g. insurance applications and most job applications) you won't need to declare your conviction after that time.
However, some types of employment are exempt from the provisions of the Rehabilitation of Offenders Act. These include jobs involved in the administration of justice and working with, or alongside, children or vulnerable adults. When applying for these jobs, you'll always have to declare your conviction and, if the employer carries out a check with the Criminal Records Bureau, your conviction will always show up.
An employer can only dismiss someone from employment, for a criminal offence committed outside of that employment, when it can be shown that it is inappropriate for the employee to remain in that post.
If a teacher was convicted of failing to ensure that their own child attended school, the governors of the school would have to ask themselves whether, based upon the inevitable bad publicity, parents would lose faith in the ability of the teacher.
Similarly, if the employee worked as a lunch-time supervisor, the governors might take the view that parents could take the attitude "If she can't control her own daughter, what right has she to be in charge of our kids?". (They might, thus, decide that it's inappropriate for the employee to remain in post, based upon a 'loss of trust').
However, if the employee worked in the school kitchens, and had little contact with pupils, it's unlikely that there would be grounds for dismissal.
Chris
Failing that get her put in to care - that'd shock her I can tell you - she will then realise what a bloody cushy life she had living at home. I managed to get my son to school and he was 6'5" and 18 stone. However, that aside, the fact that you have a record will amost certainly affect any job you go for (not sure about ones that you already have) so if it was me I would fight it tooth and nail.
to detract from the original question
thank you loose head for you lovely reply! i would not rather take presecution ,and as i have no choice, pleading not guilty and taking the lea head on seems to have had them re thinking.i refuse to take this laying down i am certainly not guilty of the offence doing everything i leagally can to get her there, leaving any physical marks on her counts as abuse, she is well aware of this, i have tipped water on her and she takes even longer to get ready.
as for ' handling the brat' as you say loosehead, i have had many problems with her. some listed below
Jibergrt you say put her in care .... social services would not even help me with my daughter even when i went to the extreme of saying i would batter her! i was sent a leaflet called time to talk.
she has run away 4 times in the last year , been banned from the supermarket for shop lifting, had a police repremand after i made a complaint against her, alcohol ,drugs , excluded from school countless times, abusive , violent the list goes on and everywhere i turn to for help i get none.
my other 3 children have been no problem what so ever , it has been said that this is a learnt behaviour, from her siblings,which is impossible they had attendances of 97% -100%
thank you loose head for you lovely reply! i would not rather take presecution ,and as i have no choice, pleading not guilty and taking the lea head on seems to have had them re thinking.i refuse to take this laying down i am certainly not guilty of the offence doing everything i leagally can to get her there, leaving any physical marks on her counts as abuse, she is well aware of this, i have tipped water on her and she takes even longer to get ready.
as for ' handling the brat' as you say loosehead, i have had many problems with her. some listed below
Jibergrt you say put her in care .... social services would not even help me with my daughter even when i went to the extreme of saying i would batter her! i was sent a leaflet called time to talk.
she has run away 4 times in the last year , been banned from the supermarket for shop lifting, had a police repremand after i made a complaint against her, alcohol ,drugs , excluded from school countless times, abusive , violent the list goes on and everywhere i turn to for help i get none.
my other 3 children have been no problem what so ever , it has been said that this is a learnt behaviour, from her siblings,which is impossible they had attendances of 97% -100%
Hi lacypillows
I would go back to the Social Work Department and sit there until someone is willing to listen to you. Tell them the position you are in and that your job is also at risk because of this.
She needs to have a Social Worker involved in this case. Also, you might like to consider approaching your GP for help.
Failing all else, I would go to your local Mp who will contact Social Work Dept. Hope you get it sorted out.
I would go back to the Social Work Department and sit there until someone is willing to listen to you. Tell them the position you are in and that your job is also at risk because of this.
She needs to have a Social Worker involved in this case. Also, you might like to consider approaching your GP for help.
Failing all else, I would go to your local Mp who will contact Social Work Dept. Hope you get it sorted out.
thank you cruella for your reply sadly i have been everywhere for help and yet get none.
my trial is in october, the solicitor says if i can get some witness statements together , stating my daughters behaviour and the lengths i have gone to to get her out of bed and to school, the lea may drop the case. My family and friends are all behind me, knowing what i have been through, and are in the process of writing statements.
It is not a case of taking prosecution as loosehead states the speed at which the lea have moved is very fast , january to may the attendance figures are based on, they gave me less then 2weeks notice of my court date which was 31 july , i had 7 working days and i do believe you are meant to get atleast 10,they had hung on to the paper work since the begining of june, i had no home visits and had seen the education welfare officer at my daughters school,
my trial is in october, the solicitor says if i can get some witness statements together , stating my daughters behaviour and the lengths i have gone to to get her out of bed and to school, the lea may drop the case. My family and friends are all behind me, knowing what i have been through, and are in the process of writing statements.
It is not a case of taking prosecution as loosehead states the speed at which the lea have moved is very fast , january to may the attendance figures are based on, they gave me less then 2weeks notice of my court date which was 31 july , i had 7 working days and i do believe you are meant to get atleast 10,they had hung on to the paper work since the begining of june, i had no home visits and had seen the education welfare officer at my daughters school,
If you are at the end of your tether, why not write to your local paper, withholding your name.
Complain tha the Social Work Dept would not help at all.
Like I said, I would be going to my GP and local MP. Social Work hate when an investigation takes place and they are under scrutiny.
DO IT! for your own sanity.
Good luck.
Complain tha the Social Work Dept would not help at all.
Like I said, I would be going to my GP and local MP. Social Work hate when an investigation takes place and they are under scrutiny.
DO IT! for your own sanity.
Good luck.
UPDATE!! the LEA have finally seen sense they have dropped the case. They ignored my solicitors letters for weeks and when they did get in touch they admitted no one had reviewed the case in light of the doctors letter etc supplied to them. It just goes to show that if you stand your ground and fight for what you believe in and not to be intimidated justice can be done.!!!
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