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Home Brighton

Peacehaven mum who failed to send her kids to school threatened with prison

by Felice Southwell
Friday 22 Mar, 2024 at 1:06PM
A A
16
One parking warden is attacked or abused every week in Brighton and Hove

Brighton Magistrates' Court

A Peacehaven mum who failed to send her children to school was told she will go to prison if she does not educate them.

Before Frances Kelly pulled her teenage son out of school, he had an attendance rate of just 31%, Brighton Magistrates Court was told this week. His older sister, also a persistent truant, has now left school.

Kelly told the court that their school was not equipped to handle their special needs – but after hearing she had repeatedly failed to engage with education officers, she was given a suspended prison sentence.

Chair of the bench Fiona Levack said: “It is with a heavy heart that I am reading this sentence knowing that your daughter is in the courtroom and that she has been failed by the one person who is supposed to make sure she gets an education.”

Prosecuting for East Sussex County Council, Gareth Jones, said: “We believe this is a high culpability offence simply because of how little engagement there was from Ms Kelly.

“We also believe it was high harm, as 31 percent for a 13-year-old and 59 percent for a 15-year-old is as bad as it gets really.”

He said she had failed to engage with the council’s education officer, despite repeated attempts to call, text and meet the mother, and even after a letter outlining their intention to prosecute her.

Mr Jones said that even though Ms Kelly has now taken her son out of the school in favour of home education, the council still has to be satisfied that the education is of good quality.

Defence counsel, Lara Harriett, said: “Ms Kelly made the difficult decision not to send her children to school for their mental health. She was only doing what she thought was best.”

Ms Harriett explained that Ms Kelly, who has fibromyalgia, bipolar and PTSD, had struggled to ger her children to school but was now seeing a psychiatrist and was on more effective medication.

The court heard that the boy’s ADD, dyspraxia and autism would often mean he would struggle to be bathed and would attend school not having been washed, and then have regular breakdowns at home and refuse to go to school.

The daughter left school at the earliest opportunity, after being put on a five year waiting list for diagnosis of suspected Asperger’s syndrome and ADHD.

Ms Kelly said to magistrates: “This school is not meant for kids with special needs, they have not been treated right. The school is not equipped for special needs children.”

Kelly, 47, was fined in 2017 for failing to send the pair to primary school and an older brother to secondary school, and given another suspended prison sentence two years later for failing to send all three children to secondary school.

On Wednesday, she was given eight weeks in prison, suspended for 12 months for knowingly failing to send her daughter, 15 at the time, and son, 13, to school between September and December in 2022.

She was also ordered Ms Kelly to pay a £154 pounds surcharge and a £250 fine in relation to the son.

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Comments 16

  1. rupert taylor says:
    2 years ago

    All these over diagnosed children no fathers present.
    With the above diagnosis will net £6-700 per child per diagnosis.
    And nearly every child is getting a diagnosis with medication manufacturers not being able to keep up with demand.
    Most children now have no out door activities. But given medication. Medication that effects there heart and with heart attack later in life etc seeing young adults with heart issues.
    The schools can’t cope but there doesn’t seem to be any apprenticeships. Get those children into apprenticeships at 12 or 14 and by 16 there be qualified in something they enjoy. Single parents and absent fathers mainly just isn’t working any more .
    Expert witness misleading court with bogus diagnosis for reward . It’s a huge business. Based on an opinion.
    Probably just an hour assessment.
    Reap what you sow and we are now seeing the results.

    A bloody shame

    Reply
    • Anon says:
      2 years ago

      This might be one of the stupidest things I’ve ever read.

      Reply
      • Oh heck says:
        2 years ago

        Disagree, this IS the most stupidest things you’ve read

        Reply
        • Benjamin says:
          2 years ago

          Your usage of a double superlative makes me sad…

          Reply
    • Benjamin says:
      2 years ago

      Probably best you don’t comment on medical things. You clearly have no idea what you are talking about, since that was so bizarre, illogical, and complete nonsensical gibberish.

      Reply
    • Bob says:
      2 years ago

      Mothers become single parents when the father can’t cope with the challenges of a child and the stress of doing it on your own makes the mother exhausted and less able to fight against the refusing child. As many are physical towards their parent. Also the bulling occurred from the conditions including physical harm by other children make them refuse to go. Causing mental health to all and asense to give up the fight and stay at home

      Reply
  2. rupert taylor says:
    2 years ago

    All these over diagnosed children no fathers present.
    With the above diagnosis will net £6-700 per child per diagnosis.
    And nearly every child is getting a diagnosis with medication manufacturers not being able to keep up with demand.
    Most children now have no out door activities. But given medication. Medication that effects there heart and with heart attack later in life etc seeing young adults with heart issues.
    The schools can’t cope but there doesn’t seem to be any apprenticeships. Get those children into apprenticeships at 12 or 14 and by 16 there be qualified in something they enjoy. Single parents and absent fathers mainly just isn’t working any more .
    Expert witness misleading court with bogus diagnosis for reward . It’s a huge business. Based on an opinion.
    Probably just an hour assessment.
    Reap what you sow and we are now seeing the results.

    A bloody shame

    Reply
    • Anon says:
      2 years ago

      Nevertheless, it’s still managed to be twice as stupid, the second time I’ve read it.

      Reply
      • rupert taylruorr says:
        2 years ago

        That’s £600 per month per child .
        So the young adult we employed. Two brothers and himself his mother recieving some £1600 per month . At 18 he decided to come off cams , and also medication.

        He’s not alone

        Ritalin used for soldiers in USA Iraq war .
        It’s also closely related to cocaine
        Apparently according to expert witness. I don’t know how to get my son across the road. The police saying I wouldn’t have a driving license.
        The ex husband wished me luck in court as he too hasn’t seen his children in 15 years .
        DNA office told me that 1 in 4 family court cases not the biological father.

        The police investigated me and found no evidence of abuse or the allegations made against me

        The court in Brighton fact finding hearing found no evidence

        So my McKenzie friend a solicitor and barrister to the supreme court came on one occasion as I asked the court to withdraw my application to be in my son’s life due to all the so called expert opinion. My ex being a health visitor.
        My mother a qualified children’s handicapped nurse would know if any of these traits was true.

        It was trauma .

        4 friends in Brighton in in fatal accidents
        20 years ago two boating accidents in-between the piers . My best mate

        Trauma
        PTSD
        Autism
        Asperger’s
        ADHD

        I heard them all !

        Reply
        • Benjamin says:
          2 years ago

          You sound unwell, and having a rough time. I hope things get better for you; and that you engage with your GP regularly to manage your condition.

          Reply
  3. What the Fark says:
    2 years ago

    Unfortunately these children will go on to produce more of themselves. I fear for the species 🤦‍♂️

    Reply
  4. Wendy smith says:
    2 years ago

    This is an absolute disgrace. These children were most likely not failed by their mother who clearly also had her own vulnerability but by the schools and local authority. It’s screamingly obvious SEND provision nationally is inadequate these kids should have been getting up washed and dressed and independently getting a bus to school they obviously could not because the school was not meeting their needs.
    The LA could and should have looked at EHCP EOTAS to support them not simply blamed mum she clearly was also struggling and fines and threats of prosecution would have made it overwhelming to juggle their needs and those of her children and herself on her own.

    This is wrong

    Reply
    • Benjamin says:
      2 years ago

      I don’t think that absolves the mother though in this case. I feel you’re right to be concerned that the school and council weren’t able to safeguard these children, and they have suffered an educational deficit because of it, however, the mother should have also undertaken her responsibilities as a parent as well – at the very least engage with the services when they tried.

      No, I think the decision was the correct one here, but it’s a sad case all round.

      Reply
  5. Stan Reid says:
    2 years ago

    No sense in forcing them into standard schooling when obviously specialist places are needed, fines and prison just a waste of time and money. How much money has been spent by local government taking things this far ??. That money is better spent on the spaces needed for these kids, treat the mum first then the kids has to be the way forward. Was sterilisation ever offered or suggested ??? Maybe social training for government should be a priority, give them an idea WTF they are dealing with.

    Reply
    • Benjamin says:
      2 years ago

      Did you just suggest sterilising the mother? Gosh, we don’t need to have the Human Rights conversation, do we?

      Reply
  6. rupert taylruorr says:
    2 years ago

    Benjamin. Instead of insulting. What plans do you propose.

    Some of the most successful people left school early.

    But your just trolling people.

    I’m saying get kids out of school into apprenticeships.

    And I suggest you research your data like I have .
    Benny

    Reply

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