Local Authorities And Fines For Unauthorised Absence

EDM number 332 in 2014-15, proposed by John Hemming on 10/09/2014.
Categorised under the topics of Local government and Schools.

That this House notes the recent not guilty finding in the prosecution for non-payment of a non-attendance fine of Kerry Capper by Birmingham City Council, defended by Glaisyers solicitors, and the withdrawal of the prosecution of the Haymore family by Essex County Council, defended by Liberty's legal department; further notes that local authorities have indicated in penalty notices that such fines can only by withdrawn on the basis of error; further notes, however, notwithstanding oral advice from local authorities that it is a strict liability offence, that it is possible to defend such prosecutions and that local authorities are not like The Borg in that resistance is not futile; recognises hence that the penalty notices are misleading in failing to indicate that there are valid defences to such prosecutions; further notes that were such a penalty notice to be issued by a solicitor, it could be subject to regulatory action for being misleading in implying that resistance is futile; future notes that large numbers of such fines have been issued and that their issuance is potentially unlawful; and calls for local authorities to review the form of their penalty notices in light of the two cases mentioned, with a view to refunding the fines paid if the penalty notices are found to be unlawful.

This motion has been signed by a total of 3 MPs.