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The childrens and young persons act - does it apply to teachers? And Duty of care/loco parentis - is this guidance, or legislation?

(11 Posts)
asecretlemonadedrinker Tue 12-Jul-11 21:58:53

The paragraph especially - If any person who has attained the age of sixteen years and [F1has responsibility for] any child or young person under that age, wilfully assaults, ill-treats, neglects, abandons, or exposes him, or causes or procures him to be assaulted, ill-treated, neglected, abandoned, or exposed, in a manner likely to cause him unnecessary suffering or injury to health (including injury to or loss of sight, or hearing, or limb, or organ of the body, and any mental derangement), that person shall be guilty of a misdemeanor, and shall be liable—

I have been told this is for parents and guardians, and can not be used for a school.

ALso, what law is there that says teachers/schools have to look after your child?


bringinghomethebacon Tue 12-Jul-11 22:04:59

What exactly have the school done (or not done)?

asecretlemonadedrinker Tue 12-Jul-11 23:36:26

neglected DS

sneezecakesmum Wed 13-Jul-11 00:23:07

Everyone has a 'duty of care' to everyone else. That is just the law for everyone, but teachers, nurses etc who have care of children (or adults for that matter) have a 'special' duty of care, which means they must fulfil the criteria set out in their job description as well as according to their professional duties. This 'special' care is of a higher standard than the normal persons duty of care.

sneezecakesmum Wed 13-Jul-11 00:26:35

Sorry didn't answer question! Yes it is legislation if it is in the childrens and young persons act. Don't think teachers can act 'in loco parentis' as such (they can't consent to medical treatment in the absence of the parent) but they certainly have a duty of care which contains all the stuff you have outlined above.

shelscrape Wed 13-Jul-11 05:30:57

OP, you have quoted from section 1 of the Children and Young Person's Act 1933. This section creates the offence of child neglect in England and Wales. the offence applies to anyone who has assumed responsibility for the child eg, parent, baby sitter, friend watching child while you pop to the shops. it will not apply to a school as an entity. However, if some particular person has done/ not done something they could have committed an offence.

what exactly have the school done or not done? Could affect what action authorities would be willing to take

if you are concerned your child has been neglected by the School tell Social Services first.

bringinghomethebacon Wed 13-Jul-11 09:57:17

If you can spell out a bit more what exactly the school has done when you say they have neglected your DS we might be able to give more tailored advice as to whether this creates any offence or breach of duty of care giving rise to a claim. Social services/ofsted might be a good starting point but perhaps you have tried that already>?

asecretlemonadedrinker Wed 13-Jul-11 11:52:08

Social services said the Board of Governers was the route to take.

Various incidents - in a nutshell, DS in not faecally continent and was diagnosed as such in Oct (3 weeks after starting school after we though by now it really cant be a delay indevelopment with regards to potty training, he had been trained for aees about a year).

He was coniually left soiled, to the point of being unable to walk, rashes, emotional distress - and about 8 occassionas in which they did deal with it, I was called to come and collect. He was on one occassion stripped from the waist in the corridor to be cleaned when I arrived. Other occassions he was sitting on a paper towel alone waiting for me, in excrement. One of those occassions he was shut, alone, in a small (windowless) medical room. They claim they assumed he was ill, but he was left unattended and if assumed ill should have had someone sit with him - choking risk, he could have got into all the medical supplies, and plus it was just cruel to make him ait alone - aged 4. Another occassion he was collected and the staff had stuffed paper towels down his soiled underwear and he was led up to me with this hanging out, ttrailing poo up his coat which they put on, hig bag (again, put on his back) , jumper...everywhere.

They then refused to change him more than once a day, and would not check for soiling - medical evidence to state that he does not know when he is going, and sometimes when he has been.

IMO they willfully neglected him definatly when making him wait for collection, becoming sore and uncomfrtable, alongside having people walk past and being really upset and ashamed and humiliated. And stuffing paper towels down his pants and making him walk around like that.

asecretlemonadedrinker Wed 13-Jul-11 11:52:31

Ofsted could not deal with specific complaints.

cestlavielife Wed 13-Jul-11 12:17:43

my son had huge probs with non-viral diarrhoea and school at one point... but tehya lways cleaned him up (but was special school)

to be honest i woudl be looking for another school which can better accomodate his needs and is willing to do so. does he have a one to one? does the school have a proper bathroom he can be changed and showered in? LEA could be asked to provide extra support for this as a medical need

but yes board of governors is first stop.

and arrange meeting with head, teacher etc to develop a plan to deal with this.

bringinghomethebacon Wed 13-Jul-11 18:44:43

Your poor DS. The school does sounds dreadful. What have they said to you so far about how they dealt with DS? What would you like to happen now - are you looking for an apology, for assurances that it will not happen again, for changed policies, for some sort of punishment or compensation or a combination of those? I am thinking about what you could achieve here. Have you changed your DS's school now?

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