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Considering Legal Action Against School

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  • Considering Legal Action Against School

    Hiya guys

    I am seriously considering Legal Action against my son's school, today was the straw that broke my back!

    A little background info first, so you can see why I'm so het up.

    My son, at birth, suffered from fitting, he has been tested for epilepsy but the results came back inconclusive as he was 6 days old at the time, and was not having a seizure at the time of the test.
    I was told that I was to make his schools aware of his problems until he was 12.

    When school enrolling started, I duly reported his condition at birth, and that if he suffered any head trauma I was to know at once, and that he was more suseptible to fits than a "normal" child.

    When he started in Reception he was bullied by his teacher, he would come home with **** on his stomach from where the kids had kicked him and we would be told "He did it to himself". He was physically pulled to the teachers side and told sit there and be quiet OR ELSE! I complained and it fell on deaf ears, the teacher didnt know anything about it.

    My youngest son was 2 weeks old when school rang to say that Eldest son had had "a slight accident and could I come and look at him?"
    We arrived and his eyes were rolling in his head, he wanted to go to sleep, he was feeling sick and "the floors moving".
    After threatening to have the Police involved, we were told a child was playing with a toy tractor (metal) and had swung it in to the air and caught him in the face with it. Ok sheer accident I can understand that, however no ambulance was called despite there being obviously a very serious problem. He was diagnosed as having "severe concussion and shock". First words from the hopsital, "why didnt the school call 999?"

    The next issue came about 4 months later, I got a call saying he had tripped in the playground and torn the sole of his shoe off, so i duly pop to the school and hand over new shoes , I'm halfway home when I'm called to be told, He's thrown up everywhere and is saying his head hurts. I dash back, hes sitting in the office with a lump on his head, a wet paper towel and his eyes rolling. When he fell he headbutted a wooden post. No one told me this when they asked for shoes, and they put him on stage for his xmas play. I bunged him in the car and rushed him to the hospital. Again he had a concussion and shock, and again i was asked, why didnt school call 999, its a head injury?

    I then was called to be told, hes hurt himself in the playground, we are worried about his leg. I said Have you called 999? no. its not serious enough to call 999 but we need your permission for him to stay in school. Up i go to a boy with a bruise from his temple to his ear, eyes rolling, and his leg covered in a few sheets of Bounty Kitchen Towel (i could see the elephants on it) sellotape and a loosely bound bandage (we didnt know if he could have plasters). Again he was dashed to the A&E, I'm sure there is a bench dedicated to him in paedeactrics in Barnsley, this time he needed paper stiches, bed rest for 2 days and a week off school!

    The most recent injury was, he fell backward off his chair in to the corner of a chest of drawers (at school again) and split his head open. I was out and Dad got the call. When he got to the school, boy had the obligatory piece of blue paper towel to it, blood everywhere and was shaking like a leaf. Dad asked "has 999 been called?" No.
    He needed his head glued and 2 days off school. I made a formal complaint about this and was told the School Nurse had said the injuries did not need hospital attention.
    Point 1: School do not have a resident school nurse.
    Point 2: The school nurse for our area, by her own admission, was in Barnsley (7 miles away) at the time of the incident.

    Today, I had the Educational Welfare Officer on my door saying he was having a lot of time off school, I explained it was due to him having accidents at school, and she looked at me, went white and said I shouldnt have come, but improve his attendance.

    My questions are:
    Does a school have to call an ambulance in the case of a head injury, especially where it is obvious that the chld is concussed?
    Do they have the right to refer me to the Educational Welfare if my son is having time off due to accidents at school?

    Also, I have asked for a meeting with the Head Mistress, the receptionist (i hate her,.. i hate her) has said it is not appropriate as there is an "investigation going about the cause of the accidents". I know what this means, my son is being tested for dyspraxia.

    ATM i am so mad with this situation, I sit in scared my phone will ring and there will be a voice saying hes seriously injured and can i get him to the hospital.
    Tags: None

  • #2
    Re: Considering Legal Action Against School

    Originally posted by puffrose View Post

    My questions are:
    Does a school have to call an ambulance in the case of a head injury, especially where it is obvious that the chld is concussed?
    Do they have the right to refer me to the Educational Welfare if my son is having time off due to accidents at school?

    Also, I have asked for a meeting with the Head Mistress, the receptionist (i hate her,.. i hate her) has said it is not appropriate as there is an "investigation going about the cause of the accidents". I know what this means, my son is being tested for dyspraxia.

    ATM i am so mad with this situation, I sit in scared my phone will ring and there will be a voice saying hes seriously injured and can i get him to the hospital.
    Puff,

    Did you follow my advice over the incident with his leg when you were concerned not too long ago? I remember posting up what you should do. If you did, this will add massively to your complaint.

    In terms of answering your questions:

    The school is acting 'in loco parentis' and common sense would say that where a child has received a head injury and the school is aware of an increased risk of seizures for that child, then medical help should be sought asap. I always used to call the ambulance in this situation.

    However, for normal head injuries we had badges which the kids enjoyed wearing as they were rather colourful saying 'I've hit my head' or something to that effect. This meant any adult knew that if there were signs of something wrong, medical attention would be sought immediately, but not as a routine matter. The school should, in my opinion, have some system in place, similar to the one I used to have, to alert adults (and other children) to the fact that head injuries had been sustained, however minor.

    As far as attendance goes, there is a percentage figure which automatically triggers external intervention. I am not 100% sure for England now, but in Wales it has just (within the past two months) increased from 80% to 85%. So if your child dips below the 85% attendance record, they automatically become a cause for conern and external agencies are advised accordingly. I suspect this is what happened with your child and the person responsible for Attendance, often the secretary who reports to the Head in a primary school, did not look into the reason for absence. To be fair, the registers would not give this information anyway as absences are all coded, depending on the reason. Accident is not one of the the codes.

    Also, the EWO inspects the registers on a regular basis, and it could also have been picked up from one of these visits.

    You need to get a copy of the School's Complaints Procedure and also its Health and Safety Policy. I would also ask for copies of the records of ALL the accidents (they won't have all of them!) so you immediately backfoot them. If you followed my advice a month or so ago, you'll already have these.

    Follow the Complaints Procedure to the letter, and if the school make a mistake, let them. You can nail them for it later.

    Save the Legal Action for the moment. See what comes from the above and then see if you have cause for a significant complaint or possible legal action.

    Hope this helps.

    Comment


    • #3
      Re: Considering Legal Action Against School

      ty Labman,

      I asked for a copy of his accident report, and was told it was not school policy to disclose this. I contacted Barnsely Council about it and was told to speak to the Head, I cannot get past the receptionist.

      I actually walked in to the Heads office unannouced to discuss this matter, as I got fed up with Mrs C is not available atm, and spent 25mins trying to be heard over the screeches of YOU CANT COME IN HERE YOU HAVENT GOT AN APPOINTMENT from the receptionist who followed me.

      I have made written complaints about both the receptionist and my sons treatment and had nothing at all, mainly because im sure (cant prove it) that said receptionist reads all the mail and disposes of things she doesnt like.

      I will go in mob handed today, my friend Liz and my mum have said they will keep Rent-a-gob busy whilst I tackle the head and hand in a formal complaint in to her hand.

      Comment


      • #4
        Re: Considering Legal Action Against School

        As a former HT, IMO you should contact your local Educational Welfare team and explain the situation with the school then get your son moved permanently to another school where he will be looked after properly and given the education he has a right to without being bullied (if what you have said is correct). You are entitled to do this as long as the school you choose is within your catchment area. As for the Barnsley Council response to your concerns, they are not allowed to simply refer you back to the school - they have to follow up complaints against schools from outside through the Education Welfare dept as well as informing the Head.
        Even if you manage to meet with the Head, I would still put in a formal complaint with both the school and the Council and get your son out of there asap - whatever the outcome is, schools' have long memories and your son/you are likely to get 'labelled' as being problematic.

        Comment


        • #5
          Re: Considering Legal Action Against School

          ty hun,

          its something I am looking in to, unfortunatly academically its the best in the area, and im loathe to cost him the education, but his safety is paramount, even if i have to homeschool.

          I have emailled off a complaint to Barnsley again about the situation, and I have spoken to the Consultant Paedtrician at Barnsley Hospital, she agrees they should have rung 999, especially the last incident when his shirt collar was soaked in blood.

          Comment


          • #6
            Re: Considering Legal Action Against School

            The formal compaint route is definitely the right way to go. Ensure you ask for a copy of the school's Complaints Procedure in your letter and copy the letter to the Chair of Governors stating clearly and calmly what has happened. I would still hold fire with the LEA beyond what you have already done. The LEA does have a duty to investigate, but will usually ask if the complaint has been raised with the HT first, and refer you back if the answer is no.

            Of course you have not been able to get an appointment which is absolutely appalling. This is why you should get the Complaints Procedure and you will see that the school has not followed it already, I can guarantee. It may be on their website.

            I would not have any knee jerk reaction if that is the best school locally. I would fight for what is right for your child, and what is their entitlement. You should also press for copies of the information held about your child. I recently met with resistance from a secondary school about this, and threatened to force the issue through a Subject Access Request under the DPA 1998, then if necessary through the court. I got my information and it was apparent immediately why they did not want to give it to me. I suspect this may be the same in your case.

            If you want to pm me the name of the Headteacher, there is a good chance I may know them as I've done a lot of work with that LEA and with Headteachers there. It is possible I may even have inspected the school.

            Stand your ground with the Secretary, and if necessary, make them the subject of a formal complaint as well. This normally rattles a secretary - they often get a little above themselves, especially if encouraged by the Headteacher. A complaint against her should be on the basis they are refusing access to your son's records (if it was them) and they are refusing to allow you access to the Headteacher which is your statutory right as a parent. It is easy to circumnavigate the secretary by writing personally to either the Chair of Governors at their home address or to the Chair of the Personnel Committee or whichever committee they have to deal with HR issues.

            Comment


            • #7
              Re: Considering Legal Action Against School

              In all fairness to the Head I don't think she knew about the 1st complaint as i think the receptionist has destroyed it, it contained a complaint about her attitude to parents too.

              We have planned this with military precsion. I will go with Mum to reception, mum will ask about term dates etc, shes a bit deaf you see, can you speak up dear? Liz will then wait between the Office and the Heads Office and if she comes out will require the codes for dinner money for her 3 kids there, and could she please have 3 holiday forms and 3 consent to travel forms... OH and did she said the youngest's trips form?

              while this is going on, I will go to Mrs C and hand her the letter of complaint and tell her what is going on

              Comment


              • #8
                Re: Considering Legal Action Against School

                Would have thought a clear case of In Loco Parentis the duty of care for the child passes to the school staff in the absence of his/her parents. Which surely means they are wholly responsible in this situation and if there was the slightest doubt over your childs medical condition, qualified assistance should have been urgently summoned....999 for Paramedic and/or call to the school doctor if they have an arrangement to have one on-call for pupil accidents.

                A formal complaint would seem to be the way to go to begin with.

                Comment


                • #9
                  Re: Considering Legal Action Against School

                  Official letter of complaint handed direct to Headteacher, in front of horrified receptionist who protested loudly and tried desperatly to get past Mum and Liz (thank you ladies very very much).

                  She has asked we wait for the outcome to of my son's test for Dyspraxia, which is fair play, she is dealing with the complaint herself, and I will have a reply to it within a week, and she had no idea she was unavailable, first she knew about it so a good time was had by all

                  Comment


                  • #10
                    Re: Considering Legal Action Against School

                    I totally agree with the references to in loco parentis. Although I had only limited involvement with this in the police force, we were called in, mainly, when the school had evidence of assault or similar. Where I live, thankfully, our local schools, primary and secondary, call the parents and ask what they want the school to do in cases such as Puff's.
                    Life is a journey on which we all travel, sometimes together, but never alone.

                    Comment


                    • #11
                      Re: Considering Legal Action Against School

                      Good luck with this i hope the unhelpful receptionist gets a boot up the backside IMO you should always hace access to the head of the school thats charged with looking after your children

                      Comment


                      • #12
                        Re: Considering Legal Action Against School

                        I assure you very few Headteachers are not available, especially in Primary Schools. Most would profess an 'open door' policy. Many secretaries get ideas above their station as they do often sift post and are party to some highly confidential information. I always insisted on sifting the post myself. Most I didn't open, but I had first chance to do so.

                        Policies and systems should be in place, or should be in place, to deal with the 'in loco parentis' part. Nothing should be left to chance, and people who make poor judgments implementing these policies should be called to account. It sounds like a separate complaint specifically against the secretary may be in order, as this has nothing to do with the assessment of your son, whatever the HT says. Her actions were purely to deny you of your parental rights, and she should be called to account for this.

                        Comment


                        • #13
                          Re: Considering Legal Action Against School

                          Haven't dealt with education issues in England but I really do know how to be hated by schools in Scotland. It is not that I am awkward it is that we have suffered some pretty damn shoddy support.

                          My next court submission document goes in on Friday. I hope that is going to start getting things on the right track.

                          As always you are getting good advice hear. I will keep an eye and if I think I can offer any help I will chip in.

                          Don't let them grind you down
                          'I don't see why everyone depends on me. I'm not dependable. Even I don't
                          depend on me, and I'm me.'

                          Comment

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