• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Application for an Injunction Against a Public Authority (Academy School)

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Application for an Injunction Against a Public Authority (Academy School)

    Please can someone help me?

    I am a concerned parent in the United Kingdom (England) with a child at a secondary school, which is an academy.

    The school in question is consistently accepting guidance from the Government, Department for Education or UK HSA (formerly PHE) as gospel and insisting on the guidance being implemented.

    The latest guidance is for children over 11 to wear face coverings throughout the day unless eating or drinking, partaking in physical activities or in an outside setting.

    Please let me be clear. I am NOT interested in a discussion on the pros or cons of face coverings on this forum.

    I have repeatedly asked the school to provide me with a copy of a risk assessment to determine the potential for harm to the wearer of a face covering. They have confirmed that they have not conducted a risk assessment and do not have one.

    It is my assertion that this is not only reckless but also falls well short of the minimum requirements for any organisation to carry out in relation to the people it claims to have the health and wellbeing at its core.

    It may be that there is NO risk to the wearer or those around them, however, without an adequate risk assessment I am unable to make an informed decision for my child and the same therefore applies to all other parents. It would also be impossible for the Headmaster to propose the implementation or support of any such guidance safe in the knowledge that an adequate risk assessment has been conducted and all adequate measures have been taken.

    It is for these reasons that I would like to make an application for an injunction against the school to attempt to implement the wearing of face coverings UNTIL an adequate risk assessment has been conducted showing that no harm is likely to be caused to the wearer.

    For anyone willing to help me here, please can you confirm what steps I might need to take to make such an application to the local Court (assuming this is the correct avenue).

    Any help is greatly appreciated. Thanks in advance.
    Tags: None

  • #2
    So you are asking the school to break regulations? Don't think you'll get far.

    Comment


    • #3
      It is guidance not a regulation, and I’m asking for a risk assessment to determine if wearing a face covering for 5+ hours per day is safe for children.

      do you feel that such a request is unreasonable?

      Comment


      • #4
        Yes it is. The school has been told by the government that they must do a certain thing as do all schools. There is no need for them to provide an individual risk assessment. I agree with Ostell. If you do not agree with the wearing of masks then you are perfectly entitled to keep your child off school and fight the battle in court when you appear for non-attendance.

        Comment


        • #5
          https://www.ashfords.co.uk/news-and-...to-injunctions

          https://www.gov.uk/government/public...n-general-form

          I make no comment on the merits of your stance, or the likely outcome of any application for an injunction.

          Comment


          • #6
            Well it certainly appears to be guidance when viewing this government page https://www.gov.uk/government/public...face-coverings

            Comment


            • #7
              Yes they recommend. Schools follow that recommendation. One would expect the government to be confident that the benefits outweigh any "risks" of wearing masks befpre they made the recommendation. LA schools will be guided by their LA and most academies will follow suit I imagine. As I say there is the option to keep your child off school and you can have your day in court if you wish.

              Comment


              • #8
                I think your probablility of winning an injunction against a school that can demonstrate that it is simply following government guidance is approx. zero.

                If you don't mind my asking, do you actually have reasonable grounds to believe that your daughter might be put at risk by wearing a mask for up to 5 hours a day, or are you simply trying to make some sort of point?

                Comment


                • #9
                  guys, don’t worry about it. This London barrister seems to understand things better around the law and guidance and failure to conduct an adequate risk assessment (i.e. my exact points) so I’ll try to contact him. Thanks

                  https://www.express.co.uk/news/uk/15...tion-Zahawi-VN

                  Comment


                  • #10
                    We are not at all worried about it though thanks for your concern! If you read the article it is full of "cans" and "mays". It seems this barrister has fought other cases against Corona legislation so as you say is an expert. If you wish to spend your money hiring him to challenge the school then of course that is up to you and I would be very grateful if you will come back and tell us how you get on.

                    Comment


                    • #11
                      There are some things which are worth fighting on principal. I can't see this as one, one thing is that costs on these sort of things can 'spiral' out of control. You also need to know when to stop.

                      Comment

                      View our Terms and Conditions

                      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                      Working...
                      X