A MOTHER told to pay a fine of more than £400 — because her son missed school due to a life-threatening brain tumour nine years ago — has had the case against her dropped.

The case against Darilyn Rothwell, aged 51, from Fernside, Stoneclough, was up before Bolton Magistrates’ Court yesterday.

Mrs Rothwell, who works at Ashworth Cafe in Farnworth, was shocked to receive a letter from the Marston Group — a High Court enforcement company which acts on behalf of HM Courts and Tribunals service — telling her she had seven days to pay the historic fine.

The letter referred to an issue with her son, Chris Barlow, now aged 24.

In November 2004, Bolton Council took Mrs Rothwell, who works at Ashworth Cafe in Farnworth, to court on child truancy grounds. A fine of £220 with £110 costs was imposed.

Following the school absences — but after his mum’s conviction — Mr Barlow was rushed to hospital in January 2005 after collapsing and suffering fits.

He was put on a life support machine for three days with doctors telling his mother that he had technically died before being revived.

He had a benign brain tumour and had to undergo underwent 22 operations.

The most recent letter sent to Mrs Rothwell this year demanded a higher total of £405, which included £85 added in costs from the debt enforcement company.

She thought the fine had been rescinded in 2005 and yesterday Bolton Magistrates Court threw the case out.

Court clerk Nicola Hutchinson said: “This woman was convicted in her absence on November 15, 2004, for failing to secure the attendance at school of her child under the Education Act. In her absence she was fined all those years ago.

“The woman did not know about her summons to court in 2004 but her child was extremely ill. To cut a long story short, magistrates are being invited to reopen the case and to set the conviction aside. It is not in the interests of justice to proceed.”

Mrs Rothwell and her son, Chris Barlow, now aged 24, were not required to be in court.

Speaking after the hearing Mr Barlow said: “This is a relief but I also feel like it’s a case of ‘I told you so’.

“I always knew my mum was not in the wrong.

“Now my mum won’t have to stress again about this. She’ll have no more sleepless nights. She’s been really upset about this.”

Mr Barlow, now a father-of-three from Blackley, is still affected by the tumour. He suffers from dizziness and headaches if he does too much physical exercise or playing with his children.