A MUM is fearful that she could be facing a criminal record after taking her son to Cyprus for a holiday.
Lisa Percival jetted off on the £2,000 all-inclusive getaway with her two kids Hunter, eight, and Pandora, six, in June this year.
As the school term hadn't ended before the luxurious trip, the 35-year-old knew she would be slapped with a £60 fine per child when they landed.
But after returning back to their home in Kettering, Northamptonshire, Lisa claims she had only been sent one penalty notice for her daughter and not her son.
The mum-of-two admitted she didn't chase up Hunter's charge with the local authority because he had a higher attendance than Pandora's – and thought this meant he was off the hook.
But days later, Lisa had a single justice procedure notice through the post from North Northamptonshire Council – informing her that she was being charged under the Section 444 (1) of the Education Act 1996.
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The section states that if a child of compulsory school age, who is a registered pupil at a school fails to attend regularly, their parent is guilty of an offence.
Lisa now fears she could be facing a potential criminal conviction and has been given until November 4 to plead guilty or not guilty.
Lisa said: "This is the first time I have taken my children out of school for a holiday and I assumed that because my daughter's [overall] attendance was worse than my son's, [that's why] I was fined for her [and not him].
"I didn't think that his fine could have just gone missing in the post.
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"I have already paid a fine for one of my children.
"I strongly disagree that parents should be criminalised for something so trivial, especially when I didn't receive the fine letter [for my son] in the first place.
"I don't understand how I can be a criminal for one child and not the other."
Lisa said she has been trying to contact the council for nearly two weeks to pay the fine but claims no one has responded.
She added: "I have asked to pay the fine for my son and have even looked online to see if I can find the council's bank statement so I can transfer the money before I go to court.
"No one at the council has been helpful. I don't think it's fair that they can send me a [fine] letter in the post on not recorded delivery but then when I don't receive it [they] issue a criminal charge, as this can have serious consequences.
"It's almost as if they're trying to catch me out."
She added: "I'm confused. Am I being brought to court because I haven't paid the penalty fine or is it because I didn't let my son go to school regularly [because I took him on holiday in term time].
"I'm confused about the legal definition of it.
"The letter is very vague and doesn't say it is a criminal offence.
"It just says I am being taken to court for the Education and Welfare Act 1996.
"It is only when I Googled it and got some advice that I realised it was a criminal charge.
"In the letter it doesn't outline what 'regular attendance' is. So, it makes it hard to plead guilty to the charge anyway."
Lisa alleges the council didn't chase the payment and that they are at fault for the error.
She said: "This is nothing against the school at all. I have no issues with them.
"This is the local authority's error that I didn't receive the fine.
"I knew I was going to receive a fine for taking the children out of school during term time and I was happy to pay this."
A spokesperson from North Northamptonshire Council said recent postal issues have been brought to their attention and they apologise for any distress cause.
They said: "We have been made aware of some postal issues recently and as such, offering the benefit of the doubt and in order to seek a satisfactory resolution for all parties, the local authority has contacted the court and requested the matter be withdrawn from hearing to enable payment of the original penalty notice.
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"We apologise for any distress caused.
"We have agreed to reissue the fixed penalty notice via post, with a copy via email, allowing the full 28 days to pay as afforded originally."
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