Post by fionan on Nov 6, 2011 8:14:01 GMT 1
edyourself.org/articles/donaldson.php
edyourself.org/articles/donaldson.doc
"... in the case of proceedings brought for non-compliance with a School Attendance Order, in my judgment it is open to the defendant parent to place evidence before the Court designed to show that it could not have appeared to a reasonable L.E.A., correctly directing itself as to what matters were relevant, that the parent was in breach of his section 36 duty or, as the case may be, that it was expedient that the child should attend school and that the making of the School Attendance Order was therefore unauthorised and a nullity. But Courts should not readily accede to such an argument in the absence of evidence that in fact the parents are discharging their section 36 duty and, if this is o in the case of proceedings brought for non-compliance with a School Attendance Order, in my judgment it is open to the defendant parent to place evidence before the Court designed to show that it could not have appeared to a reasonable L.E.A., correctly directing itself as to what matters were relevant, that the parent was in breach of his section 36 duty or, as the case may be, that it was expedient that the child should attend school and that the making of the School Attendance Order was therefore unauthorised and a nullity. But Courts should not readily accede to such an argument in the absence of evidence that in fact the parents are discharging their section 36 duty and, if this is once proved, the defendant would in any event be entitled to be acquitted and the Court may make an order under section 37(6) of the Education Act 1944 that the School Attendance Order shall cease to be in force. In the circumstances parents would be well advised to concentrate upon the defence which is available to them under section 37(5) rather than to take on the very much heavier burden of seeking to attack the School Attendance Order in limine. Once proved, the defendant would in any event be entitled to be acquitted and the Court may make an order under section 37(6) of the Education Act 1944 that the School Attendance Order shall cease to be in force. In the circumstances parents would be well advised to concentrate upon the defence which is available to them under section 37(5) rather than to take on the very much heavier burden of seeking to attack the School Attendance Order in limine."
I've put this doc up because some people are adamant that Donaldson says stuff about balance of probabilities and about "reasonable person" . My doc is word for word from the court transcript I was given, so I'm not sure now which is right. Does anyone else have a verified transcript?
edyourself.org/articles/donaldson.doc
"... in the case of proceedings brought for non-compliance with a School Attendance Order, in my judgment it is open to the defendant parent to place evidence before the Court designed to show that it could not have appeared to a reasonable L.E.A., correctly directing itself as to what matters were relevant, that the parent was in breach of his section 36 duty or, as the case may be, that it was expedient that the child should attend school and that the making of the School Attendance Order was therefore unauthorised and a nullity. But Courts should not readily accede to such an argument in the absence of evidence that in fact the parents are discharging their section 36 duty and, if this is o in the case of proceedings brought for non-compliance with a School Attendance Order, in my judgment it is open to the defendant parent to place evidence before the Court designed to show that it could not have appeared to a reasonable L.E.A., correctly directing itself as to what matters were relevant, that the parent was in breach of his section 36 duty or, as the case may be, that it was expedient that the child should attend school and that the making of the School Attendance Order was therefore unauthorised and a nullity. But Courts should not readily accede to such an argument in the absence of evidence that in fact the parents are discharging their section 36 duty and, if this is once proved, the defendant would in any event be entitled to be acquitted and the Court may make an order under section 37(6) of the Education Act 1944 that the School Attendance Order shall cease to be in force. In the circumstances parents would be well advised to concentrate upon the defence which is available to them under section 37(5) rather than to take on the very much heavier burden of seeking to attack the School Attendance Order in limine. Once proved, the defendant would in any event be entitled to be acquitted and the Court may make an order under section 37(6) of the Education Act 1944 that the School Attendance Order shall cease to be in force. In the circumstances parents would be well advised to concentrate upon the defence which is available to them under section 37(5) rather than to take on the very much heavier burden of seeking to attack the School Attendance Order in limine."
I've put this doc up because some people are adamant that Donaldson says stuff about balance of probabilities and about "reasonable person" . My doc is word for word from the court transcript I was given, so I'm not sure now which is right. Does anyone else have a verified transcript?