- Kerry Capper says she wanted to keep close eye on Libby Bennett
- Youngster had developed similar symptoms when battling disease
- Mother has now been summoned to court for failing to pay £60 fine
- Birmingham Council says she never told school why girl was absent
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An unemployed mother who kept her daughter off school over cancer fears is being prosecuted for not sending her to classes.
Kerry Capper said she wanted to keep a close eye on seven-year-old Libby Bennett at home when she fell ill, because the youngster had developed similar symptoms when battling the disease.
However, Miss Capper, of Birmingham, has now been summoned to appear before magistrates for failing to pay a £60 penalty fine – after Libby missed seven days of school earlier this year.
Scandal: Unemployed mother Kerry Capper with daughter Libby when she was diagnosed with cancer in 2009. She has kept her daughter off school over cancer fears but is being prosecuted for not sending her to classes
Redress: Kerry Capper, left, said she had apologised to the school but said they should take into account what her daughter, right, and her family have gone through in the five years since she was diagnosed with cancer
Miss Capper, from the Erdington area of the city, told BBC News she felt ‘really scared’ when her daughter told her she had stomach pains, because Libby had suffered a tumour on her kidneys.
Libby still has to see doctors at Birmingham Children’s Hospital to monitor her progress.
Birmingham City Council said Libby’s mother never gave staff at Paget Primary School a reason for her absences, and then failed to attend a meeting to discuss the issue.
Miss Capper said: ‘Libby has woken up
saying she’s got a sore stomach and I get scared. When she does say
she’s not very well, I want to keep my eye on her and keep her off
school on those days.
Failed to pay £60 fine: Miss Capper is set to appear at Birmingham Magistrates’ Court (pictured) next month
‘They’ve sent me to court because of
it… They should give consideration for what I went through as a
mother. When she does say she’s ill I get really scared because we did
nearly lose her.’
‘Libby has
woken up saying she’s got a sore stomach and I get scared. When she does
say she’s not very well, I want to keep my eye on her and keep her off
school on those days’
Kerry Capper
Libby said: ‘She doesn’t let me have days off when I’m not ill – when I’m ill she gets worried.’
The girl had an 85 per cent attendance record at her primary
school before her mother was fined for taking her out of class when she fell
ill.
She was diagnosed with a Wilms tumour in her kidney in 2010
but it disappeared after several courses of chemotherapy.
Miss Capper’s solicitor Claire Riches, of law firm
Glaisyers, said: ‘We feel strongly that the council should not have brought
this case against Kerry.
‘Every time Libby would feel unwell her symptoms were like
the time she was diagnosed with cancer and Kerry wanted to keep an eye on her in
case the cancer had returned.’
Education: The council claims Kerry Capper never gave staff at Paget Primary School (pictured) in Birmingham a reason for her daughter Libby’s absences, and then failed to attend a meeting to discuss the issue
The council has said it takes a
‘robust stance’ on school absence, and had previously invited Miss
Capper to meetings to discuss the issues.
A
city council spokesman said: ‘Every child has a right to an education
and we support head teachers in adopting a robust policy of only
authorising pupil absence that is properly justified, which of course
includes sickness absence.
‘The “spotlight on attendanceâ€
campaign focuses on children who have already had at least 10 days’
unexplained absence. In this case, no reason was given for the absences
and a letter was sent to the parent advising of this.
‘When
the unexplained absences continued the school again contacted the
parent inviting her to a meeting to talk through any issues and
concerns.
‘When there
was still no response a penalty notice was issued and when this was not
paid and there was still no communication from the parent the matter was
sent to magistrates.
‘While
we sympathise with Ms Capper, we would urge her to contact either the
school or the council if she can show there is a reason for her
daughter’s absence from school.’
Miss Capper is set to appear at Birmingham Magistrates’ Court on September 5.
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