Mum facing criminal record for taking daughter on holiday during school term

A mum is facing a for taking her daughter on holiday in term time - after she said the fine went missing in the post.

Natalie Saunders took her daughter Ava Martin-Saunders, 8, out of for a week in the sun in Bodrum, Turkey on May 13. The 44-year-old knew that her daughter missing six days of school would be marked as an unauthorised absence and could land her a £60 fine.

But after getting back from their £900 holiday Natalie said she never got a penalty notice in the post and assumed she had dodged the fine this time. However she was in for a shock when, a few weeks later on August 24, the mum-of-one got a letter from West Sussex County Council saying she had failed to pay her child's fine and could now be .

Natalie, who works in risk and compliance, has now received a single justice procedure notice outlining she is being charged under Section 444 (1) of the Education Act 1996. As a result, Natalie says she is now facing a potential criminal conviction and a £1,000 fine despite claiming she never received a letter about the fine in the first place.

The law states that if a child of compulsory school age who is a registered pupil at a school fails to attend regularly at school, their parent is guilty of an offence. Legally Natalie has to prove she had a “reasonable justification” for her child failing to attend school.

Natalie says she got in touch with the council after she received the legal letter but despite ongoing contact with the authorities, she is still being taken to court. She tried to pay the fine late, but the money was refunded to her account, she said. Natalie has been given 21 days from November 5th to plead guilty or not guilty to the charge.

Natalie, from Crawley in West Sussex, said: "I weighed it all up and was happy to pay the £60 fine. It was a lot cheaper [to take her in term time]. She was eight years old and didn't have any important exams or tests. Her attendance record was good and she is also exactly where she needs to be in terms of capabilities. I just thought it was only six days.

"I never chased up the fine because friends and family said you don't always receive a fine. The fine wasn't guaranteed, it was just that you could receive one. Because I hadn't received one I just didn't think I was going to get fined so I didn't chase it up.”

After failing to receive the fine Natalie said she got a letter from the council dated July 18, which arrived on August 24, telling her a court case was being prepared against her. "The idea of getting a criminal record is devastating,” she said, “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."

Natalie said this was the first time she has ever taken her daughter on holiday during term time when trips were much cheaper. “West Sussex County Council has said that the onus is on me to prove that I never received the fine letter and in a legal round anything sent first class post is up to the recipient to prove that I haven't received it and not to prove they hadn't sent it, which is madness.

"I haven't seen any proof from [the council] that they have posted the letter. There are lots of mitigating circumstances that they are considering in this. West Sussex County Council are using the Royal Mail which is just not delivering.

Natalie said there had been ongoing problems with the post in her area and blamed Royal Mail for “ongoing issues” with deliveries. Natalie said: "After all of this, I would never take my daughter out of school in term time. We were going to rebook for next year but we're not going to anymore. I've been told now I'm better off pleading guilty because the offence is that I've taken my daughter out of school. It's a mess.”

A West Sussex County Council spokesperson said: "The DfE is clear in its position that every moment in school counts and it has directed headteachers to take a strong stance on unauthorised holidays in term time. 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."

Natalie's MP, Peter Lamb (Lab), said: "We can all appreciate the importance of avoiding unauthorised absences, but the county council's decision to prosecute Ms Saunders when she has indicated that she would pay a fine, putting at risk her employment, amounts to risking the future wellbeing of a child while wasting taxpayer money in the process."

A Royal Mail spokesperson said: "We take the delivery of mail very seriously and work to ensure all items are delivered on time. We have taken strides to improve our service in Crawley and nationally.”