A Mid Sussex man who admitted failing to make his children go to school has walked free from court.

The 41-year-old builder, who cannot be named for legal reasons, was given an absolute discharge and avoided a large fine because his children were not living with him and so he could not ensure they went to class.

Worthing Magistrates' Court heard yesterday that the man's children had failed to go to school on numerous occasions.

Gordon Grace, prosecuting on behalf of West Sussex County Council, said between September 6 and December 13 last year the man's 14-year-old daughter had attended 12 half school days out of a possible 128.

His 13-year-old son, between July 22 and December 13, had been to 61 half-days out of a possible 132.

Mr Grace told magistrates there had been several meetings with education welfare officers but the son was permanently excluded from the school and was now having lessons at a tuition centre.

He added the daughter's attendance had not improved, with her going to 20 half-days out of a possible 99 between December 16 last year and March 14, this year.

But Anthony Bishop, defending, said it had been almost impossible for the man, from the Burgess Hill area, to make sure his children went to school because they lived elsewhere with their mother.

He said: "This situation is beyond my client's control."

The father was ordered to pay £100 costs.