A single mother was yesterday found guilty of failing to make sure her children went to school.

Danise Mayho, 36, of Elliott Street, Hamilton left the courtroom in tears yesterday after the first case of its kind to be tried in Magistrates' Court since the Education Amendment Act was passed in 1996.

Crown counsel Cindy Clarke called only one witness in the half hour trial, Ministry of Education school attendance coordinator Leonard Simons.

Mr. Simmons explained his duties were to monitor the attendance of children of compulsory school age.

He said near the end of September last year, he attended Sandys Secondary Middle School and the Berkeley Institute to review attendance records for Mayho's two sons.

He said as a result of information he received, he went to Mayho's house and found three of her sons at home on October 21.

He said he asked the children where their mother was. They replied she was at work, and so he went to her place of employment at The Tea Garden on Mangrove Bay in Somerset.

He said he spoke to her at that time and said she was surprised to learn of her sons' school absences. He warned her that this could not continue as it could result in her getting into trouble.

Mr. Simmons continued: "Further monitoring was done of the attendance of her children and when there was little improvement, I sent her a warning letter.'' He said the letter was hand-delivered to Mayho's residence on November 23 and it stated no action would be taken but they would continue to monitor her children's school attendance.

Mr. Simmons said there was no improvement in December, and it was decided court action should be taken.

He said the child attending Berkeley Institute missed 13 days of school and was late on 33 days, while her son attending Sandys Secondary Middle School was absent on 13 days, and late four times.

Mayho took the stand and said she spoke to her children about their attendance in schools after she received a letter from Mr. Simmons, and they admitted to skipping a bit of school.

However, Mayho had a hard time understanding why she was in court for her children's actions.

She said: "For being late, they should be punished, not me.

"I used to get detention when I was late to school. I make 6.30 a.m. to work and the school should take care of it, I didn't know they were late.'' Mother found guilty Magistrate Will Francis asked why there had been no improvement after all the serious warnings and letters and threats of prosecution.

Mayho replied: "Maybe it didn't sink into their heads, maybe they are hard-headed, I should have had a personal warning from the school.'' "Are you telling me there was nothing you could do?'' asked Mr. Francis.

"I have very nice children, they are good hearted and spiritual and I don't know why they didn't go to school, I was at work,'' replied Mayho.

And she added the school and school guidance counsellor should be more active in ensuring children attend school.

Mr. Francis said: "They assumed by acting on you, you would take steps to do what was necessary.'' Mayho said: "I'm standing here in court, I didn't skip school.'' Ms Clarke had no questions for Mayho and Mr. Francis quickly reached a guilty verdict.

Ms Clarke recommended a social inquiry report be done, and Mr. Francis agreed.

Danise Mayho