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© BBC Midlands TodayKerry 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

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.

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.

'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 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.

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© GooglePaget Primary School in Birmingham, the school that Libby attends faithfully, despite her past illness
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."

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 attendance" 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.