A GRIEVING mum has won a court battle with school bosses who took her to court for removing her son from class during a string of severe asthma attacks.
Nicola Newns, 39, had already lost 12-year-old son Ben to the condition in 2014 and feared for her other son Jacob, 16, when he repeatedly collapsed at home.
She was in an ambulance rushing the teenager to hospital when she first received a call from Buile Hill Visual Arts College in Salford, Greater Manchester, demanding to know why he wasn't in class.
Nicola was later fined £60 by Salford City Council and taken to court under the 1996 Education Act when she refused to pay.
But a judge at Manchester Magistrates Court threw the case out after reviewing medical evidence showing Jacob had been in hospital each of the 20 times he missed school between January and March this year.
She said: "I am over protective of Jacob but can anyone blame me after what happened with Ben. The school were fantastic with us when Ben died – but now they seem to forget he died.
"I just feel bullied by the school, continually asking me when he's going to be back in school, how long he will be away for. I felt as though the school were blaming me, or saying that I'm lying.
"In their documents when it said I 'finally' answered it was if i was about to jet off for a holiday to Disneyland rather me taking my son to hospital with a potentially life threatening asthma attack."
In February, Charlotte Ramsden Strategic Director of Children's Services at Salford Council wrote to Mrs Newns saying: "To date no acceptable reason has been given for these absences therefore they have been marked by the school as unauthorised."
The court case was discontinued earlier this month.
A spokesman for the school said: "To get any case to court, schools have to go through rigorous systems of checks and consultations which involve multiple agencies and of course, the family. It would be inappropriate for us to comment on the range of intervention we adopted with Jacob and his family other than to say that it was extensive.
"Throughout this process the school have put Jacob's safety, welfare and education at the centre of all the decision making.
"Jacob is a lovely young man who has huge potential, really bright prospects and as a school, we have always endeavoured to support him with all of our available resources."
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