Author: Karen

School Attendance & the Law

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school attendance.jpeg

Growing up, most of us didn’t particularly enjoy getting up early and going to school each day, and the parents amongst us have probably experienced their fair share of early morning tears and tantrums from their own children on the same issue!  

There is normally an almighty whoop in the air when the school summer holidays come about and children are faced with a few months of school-free bliss.
However, as luck would have it, the school summer holidays are also one of the most expensive times of year to travel.  Many parents are faced with not being able to afford to take their children on holiday during this period due to overpriced flights and  accommodation.   This has resulted in many children being taken on holiday during school term time when travel costs are lower and more affordable.

There have been a number of Court cases in England in recent months brought by parents opposing fines that their local education authorities have imposed upon them for removing their children from school to go on holiday during term time.

One such parent, Jonathan Platt,  made the national newspapers recently when he was fined by Isle of Wight Council for taking his children to Disney World in Florida in April 2015 despite his six-year-old daughter’s absence being refused by her primary school.  Whilst Mr Platt did manage to successfully contest this fine, he subsequently received a new fine after taking his daughter on a second trip during term-time – a fine he  also opposed.

In England, parents taking their children out of state schools during term time could currently face a fine of £60 or worse.  This differs to the current position on term-time holidays in Northern Ireland – here, parents cannot currently be fined for their child’s unauthorised absences from school.   However, if your child’s school attendance falls below a certain level, the school could refer the matter to your local Education Welfare Service.

What is the law on school attendance?

It would be of no surprise to anyone that the law in Northern Ireland states that children must receive ‘efficient full-time education’.  Parents have a legal obligation to make sure that they provide their children with suitable education either by registering them in school or making other appropriate arrangements to make sure they receive a suitable education.  Parents also have a legal responsibility to ensure that their children attend regularly at school once they are registered.

What if my child is not attending school regularly?

If your child’s attendance at school drops to below 85% and no acceptable explanation is provided for their absence (for example, they have been too ill to attend or their absence has been previously authorised), or alternatively if your child’s school are concerned about your child’s ongoing absences, they can refer the matter to the Education Welfare Service.

If such a referral is made, an Education Welfare Officer will initially attend at your home to discuss and explore with you the reasons why your child has been absent from school.  The Education Welfare Officer’s primary role is to try to support and assist you and your child.  They can liaise closely with other agencies to ensure that any needs your child has are met and to work to find ways for you and your child to overcome any issues there may be with school attendance.

What can happen if I do not engage with the Education Welfare Service ?

In most instances, the assistance of the Education Welfare Service is a welcome support to parents experiencing issues with their child going to school.  However, if a parent fails to engage with the Education Welfare Service by ignoring their child’s educational needs and, despite warnings, does not ensure their child’s regular attendance at school, they are effectively considered to be breaking the law.  As such, an application to prosecute a parent may be made by the Education Welfare Service to the local Magistrates Court.  If such an application is made, the Court has the power fine parents up to £1,000 for each child if they consider that the law has been broken.

Education Supervision Orders

If there are significant concerns about a child’s school attendance, the Education Welfare Service can make an application for an Education Supervision Order.  This application is made to the Family Proceedings Court under the Children (NI) Order 1995.   Unlike parental prosecutions, these proceedings are not criminal proceedings and are in no way issued to punish the child or parent – their intent is to provide support and assistance to the child and their family on an ongoing basis.  An application for an Education Supervision Order is therefore only appropriate where there is a good level of co-operation and engagement between the Education Welfare Service and the family of the child.

When an Education Supervision Order has been applied for, the Education Welfare Officer provides a full report to the Court on the issues regarding the child’s absence from school.  This report will contain a plan of proposed work set out by the Education Welfare Service.  The report will be shared with the child’s parents who are entitled to their own legal representation in these proceedings.   The court may appoint a separate solicitor to act in the interests of the child if it feels this is necessary.

When will the Court make an Education Supervision Order?

Before making an Education Supervision Order, the Court must be satisfied that a child is not being properly educated and also that making an Order would be better than making no Order.  The Court must also give careful consideration to a number of factors detailed in a list called the ‘welfare checklist’. This includes:

  • The ascertainable wishes and feelings of the child.
  • His or her physical, emotional and educational needs.
  • The likely effects of a change in circumstances.
  • His or her age, sex and background.
  • Any harm suffered or at risk of suffering.
  • The capability of parents or other relevant persons in meeting his or her needs.
  • Other powers available to the Court.

What happens if an Education Supervision Order is made?

If an Education Supervision Order is made, this allows a Supervising Officer to give directions to you or your child which should be complied with.  Directions given by the Supervising Officer could include permitting them regular access to your child, agreeing to attend meetings/appointments or agreeing to undertake assessments.  Any directions given by the Supervising Officer should be necessary, reasonable and confirmed in writing.

How long does an Education Supervision Order last?

An Education Supervision Order will initially be made for one year however this can be extended for up to three years or alternatively an application can be made to discharge the Order if it is deemed unnecessary.    An Order cannot continue once your child has passed compulsory school age.

What if I don’t adhere to an Education Supervision Order?

If an Order is made and parents fail to comply with it, the matter may be referred back to the Family Proceedings Court and the Court.   Social Services may also be directed to investigate the child’s circumstances more fully and consider whether they need to take further action to secure the welfare of the child.

It is therefore imperative that parents do all they can to ensure that they act in the best interests of their child by fully engaging with the Education Welfare Service and complying  with any Orders made by the Court.
For more information the law surrounding school attendance and Education Supervision Orders, please feel free to contact us confidentially below on our contact  form or alternatively email us on cedgar@fhanna.co.uk

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A Guide on How to Register Anonymously on the Electoral Register

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With the deadline for registering to vote in respect of the NI Assembly elections closing on 18th April 2016, we at Life Law NI wanted to provide you with information about Anonymous Registration on the Electoral Register.

In a nutshell, you may be able to register anonymously to vote if you are concerned about your name and address appearing on the electoral register because you think that it could place you at risk.

Anonymous Registration allows those who are at risk to keep their personal details from being published on the electoral register thereby ensuring safe voter registration.

The Belfast Area Domestic Violence Partnership has produced a useful infographic with all the information you need on this issue.

 

anonreg

For more information,  please feel free to contact us.

 

 

The Mental Capacity Bill: A Good Day at Stormont

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LJohnston

Linda Johnston, is a Partner in Francis Hanna & Co Solicitors. Whilst she specialises in many areas of law, Linda has a particular interest in areas geared towards assisting those who are vulnerable in our community such as the elderly or those with a learning disability. 
Here in this guest blog for Life Law NI, Linda discusses briefly the importance of the passing of the Mental Capacity Bill at Stormont on 15th March 2016.

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For most of my life, Stormont has symbolised political strife and dysfunction. However, on 15th March 2016, from the visitor’s gallery, I witnessed the Assembly at its best, passing ground-breaking legislation with constructive cross-party support. What a refreshing change!

Hard as it may be to believe, the NI Assembly has pulled off a global first by passing the Mental Capacity Bill.   The unique aspect of this complex legislation is its breadth, in that it covers both adult mental health issues and mental capacity issues.  The average citizen would presume that matters concerning mental health and mental capacity should surely overlap, but until now these have been issues that have been professionally separated by lawyers, medical professionals and the justice system.

The new legislation is a fused Bill which overarches all mental health issues affecting our adult population. It has the potential to touch on the lives of each and every citizen, either personally or in their capacity as a carer to another.

Key to the legislation is the recognition of a fundamental right for each of us to make as many independent decisions as possible, for as long as possible and if necessary with support from others.

The 10-year lead up to the passing of the Mental Capacity Bill was recognised by the Health Minister who acknowledged the high level of engagement with stakeholders and experts throughout the process, right from the initial steps of the Bamford Review. Both the Health and Justice Departments should be congratulated on their extensive consultation.

Let’s hope that the quality of this Mental Capacity Bill is followed by good implementation. That will be dependent of significant funds and a major programme of education and training. Much more work will be needed on Codes of Practice and Regulations, but the foundation is now in place.

Although there were few in the public gallery, and not many on the floor of the Assembly, something momentous happened in the Assembly on 15th March 2016. I am glad I was there to see it.

If you would like to learn more about issues surrounding mental capacity or matters affecting the eldery or learning disabled, please feel free to contact Linda Johnston on 028 9024 3901 or email her at lj@fhanna.co.uk

 

 

New Child Protection Disclosure Arrangements for NI

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childbubbles.jpgOn 14 March 2016 new arrangements were put in place in Northern Ireland to help make it easier for anyone who has concerns about someone who might be posing a risk to children to find out if that person has a criminal record for sexual offences, or for violent offences which could indicate a risk to children.

The provisions which are contained in the 2015 Justice Act, have been added to existing methods of disclosing conviction information under the public protection arrangements.

Under the new law, a member of the public has the right to apply at a police station for disclosure of relevant conviction information regarding a person with access to a particular child or children.

Any information which is available about relevant criminal convictions will only be provided to the person who has primary care responsibility for the specific child or children. The information will be released only if considered as necessary to protect that child.

The scheme builds on existing processes by the agencies involved in the Public Protection Arrangements for Northern Ireland to manage sexual and violent offenders. Agencies with public protection and child protection roles – police, probation, social services – already disclose information about criminal convictions when it is necessary to protect a child.

This new statutory provision adds to these arrangements by offering a direct route for a member of the public to bring any concerns they may have to the police about someone they know who has access to a child.

Can anyone apply for disclosure under these arrangements?

Yes. But they must be able to identify a specific child and a named individual about whom they have concerns. They will not automatically be the person to whom information is disclosed.

How long will it all take?

It is anticipated that the police will undertake initial checks within 24 hours and complete the process within 28 days. However, if there is an immediate risk of harm to a child, this will be addressed through current child protection protocols and procedures.

You should NOT use this scheme as a way of reporting imminent/current child protection concerns or offending.

How do people apply for information under these arrangements?

The application form is available on the PSNI website at www.psni.police.uk/child-protection-disclosure-arrangements. The form should be completed and brought to the local police station with ID.  The police may ask you to remain at the station to answer any clarification questions and sign the declaration regarding disclosure.

What if there is an immediate risk?

 If you believe that a child is at immediate risk then you should call 999 in an emergency to report your concerns, the non-emergency number 101, or contact Crimestoppers confidentially on 0800 555111 and/or your local Social Services Gateway Teams (see http://www.nidirect.gov.uk/reporting-child-abuse-and-neglect)

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LIFE BITE : Ilott v Mitson: Inheritance dispute case goes to the UK Supreme Court

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apple-150579_1280The UK Supreme Court has granted permission for a challenge of the decision of the England & Wales Court of Appeal in the inheritance dispute case of Ilott v Mitson.

This case made media headlines last year following a Court of Appeal decision regarding the estate of the late Melita Jackson.   Ms Jackson, who died in 2004, had expressly stated in her Will that she did not wish her daughter, Heather Ilott, to receive anything from her estate upon her death. 

Ms Jackson went so far as to have a letter of wishes professionally drafted and placed alongside her Will explicitly discouraging her daughter from making any claim on her estate.   Among the reasons stated by Ms Mitson for disinheriting her daughter were that they had been estranged for many years after Ms Ilott had left home at 17 to live with (and later marry) a man her mother did not approve of.

Following Ms Jackson’s death, her daughter did make a claim on her estate under the Inheritance (Provision for Family and Dependants) Act 1975 on the basis that she was on a very low income of state benefits and required reasonable financial provision to be made to her from her  late mother’s estate.  This claim was opposed by the three charity beneficiaries named in the Will.

The Court upon hearing the case initially awarded Ms Ilott £50,000 from her mother’s estate however this award was later overturned by the High Court.   Ms Ilott subsequently appealed this decision to the England & Wales Court of Appeal and in July last year, she was awarded an increased share of £163,000.   In the Judgment, the Court found that Mrs Jackson had acted in an ‘unreasonable, capricious and harsh way’ towards her daughter.

Lady Justice Arden said Mrs Ilott’s income was so low that it overrode the 1975 Act’s usual requirement that the applicant was dependent on the deceased. The award given was to facilitate Mrs Ilott in purchasing her housing association house and it was structured by the Court in a way that would allow Mrs Ilott to preserve her state benefits.

The charity beneficiaries have now obtained leave to appeal to the Supreme Court. In the appeal the Supreme Court will consider whether the Court of Appeal’s approach to providing Ms Ilott with maintenance was wrong and also whether the Court of Appeal was flawed in its decision to structure Ms Ilott’s award in such a way that she would keep her entitlement to state benefits.

This is an important case which raises questions about the extent to which the Courts should be permitted to interfere with testamentary freedom.   It will also be interesting to see the Supreme Court’s view on structuring an award to ensure that the recipient retains access to state benefits.

For more information on Wills or on Inheritance Provision Claims, please feel free to contact us at kconnolly@fhanna.co.uk or on the contact form below