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The right to skip skool?

The right to skip skool?

Postby Hairyloon » Tue Oct 06, 2015 8:34 pm

A father of two who was fined for taking his children to Poland in term-time has launched a legal battle against the Government. Noah Myers and his solicitor wife who are from Brighton, took their boys out of school for three days so they could support their cousin in an international weightlifting competition, but were fined £60 each.


http://www.itv.com/news/meridian/2015-1 ... igh-court/

There are far better reasons to skip skool than to go and cheer at a sporting event and I don't rate his chances, but I wish him the best of luck: the rule seems to me to be overly draconian.
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Re: The right to skip skool?

Postby atticus » Tue Oct 06, 2015 8:37 pm

What is the legal basis of his claim?
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Re: The right to skip skool?

Postby tph » Tue Oct 06, 2015 8:45 pm

They actually got off lightly as the fine is £60 per parent per child. So they should have been fined £120 each. As a parent what seems really unfair about the situation is that it is down to individual Head Teacher as to whether they apply the fine. In my area some Heads allow children a week off without fines where as others will impose fines for a single day.
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Re: The right to skip skool?

Postby Hairyloon » Tue Oct 06, 2015 8:47 pm

atticus wrote:What is the legal basis of his claim?

Best I can tell you at this point is:
Mr Myers says the regulations... infringe his civil liberties under the Human Rights Act to decide which is in the best interests of his family.
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Re: The right to skip skool?

Postby Slartibartfast » Wed Oct 07, 2015 6:33 am

"Now, American-born Noah Myers has given notice of a judicial review against the primary school governors."

This suggests that he is not attacking the statutory requirement for attendance or the associated penalty regime, only the specific decision which which that specific school made in regard to his specific request. Eg they ought to have deemed this absence exceptional and given permission.

"Mr Myers says the regulations - which he believes would never be allowed in the U.S "

This suggests that he believes we should regard the USA as an exemplar for social policy. Perhaps ITV wished to make him look foolish, or perhaps he really said it.
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Re: The right to skip skool?

Postby Hairyloon » Wed Oct 07, 2015 8:27 am

I think it more likely that they think we should be appalled that the USA has better standards of human rights and social policy than we do.
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Re: The right to skip skool?

Postby atticus » Wed Oct 07, 2015 8:29 am

Yeah, if he'd had to send his kids to school in the states, the chances of their being shot there would have been higher. It's a constitutional right.
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Re: The right to skip skool?

Postby Slartibartfast » Wed Oct 07, 2015 5:45 pm

Hairyloon wrote:I think it more likely that they think we should be appalled that the USA has better standards of human rights and social policy than we do.

Yes, that's another possible reading. They must be terribly stupid to think that, but it's ITV so we shouldn't expect too much from them.
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Re: The right to skip skool?

Postby LawChild » Tue Nov 10, 2015 4:18 pm

atticus wrote:Yeah, if he'd had to send his kids to school in the states, the chances of their being shot there would have been higher. It's a constitutional right.

In many parts of America, consumer fireworks cannot be sold or used. After all, "fireworks might hurt someone". Guns are fine, though.

In some respects, human rights in America can be much stronger than in Britain. It really depends on which state you're in, and it's issue specific, of course. e.g. legal asisted dying (Oregon); greater protection of free speech (albeit Dworkin's extreme model, with the exception of certain developments like 'free speech protest zones'); Gay marriage was available in some states long before it was available in the UK. On the other hand, the country's failure to ratify the UNCRC, its failure to protect citizens from gun violence, its support of the death penalty, its unlawful detention and torture of terror suspects, and its state (to differing degrees depending on the state) and federal criminal justice systems, to name but a few things, certainly take off some marks. Still, it wouldn't be true to hold that we have nothing to learn from America.
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Re: The right to skip skool?

Postby atticus » Wed Nov 11, 2015 11:19 am

It would not be true to say that I have said that we have nothing to learn from the USA.
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