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Case for education negligence personal injury-advice needed

(8 Posts)
Fazcavan Sat 27-Oct-12 18:13:23

Not sure where to go for help or if its worth further stress. Have had long term problem with school not addressing concerns or complaints. Action or policies are consistently not followed through and concerns largely ignored in favour of staff denying any knowledge of concerns. Can't go to governors as half of staff are governors. Without going into mass details results are victimisation of child by staff and pupils (name calling, shouting, shaming, physical attacks and some unreported accidents ). Some incidents I have proof of and medical reports related to emotional distress caused but not all meetings and incidents are documented. now on second round of child psychology as have been unable to relocate in any of half a dozen schools of choice. This has also caused me extreme stress, a medical complication has arisen due to stress (gp can back up). Now removed child from school until we decide on further action, as ave no help from EA - but someone advised to look into legal standing as situation points to personal prejudice against us, unfair practices and resulting personal injury (emotional/psych) for child and myself. Can anyone offer any advice please? Have been quite isolated with this and intimidated by stonewalling effect of school, and ed authority (notoriously ineffective and biased).

Finallygotaroundtoit Sat 27-Oct-12 18:23:54

Can you clarify what has actually happened and what you want done about it?

Fazcavan Sat 27-Oct-12 19:05:48

I would like to receive legal advice to ascertain whether we have grounds to claim personal injury due to the schools failure in its care of duty and the loss of our child's appropriate education.

Veritate Sat 27-Oct-12 20:57:31

Unless you have got bucketloads of money, don't bother. It is virtually impossible to get legal aid for negligence claims because they have had a poor record of success and the costs involved outweigh any potential damages. For the same reason, you can't get legal expenses insurance and solicitors won't do this type of case on a no win/no fee deal. I'm afraid you're better off putting your energy into finding a suitable alternative school and/or home educating.

Fazcavan Sun 28-Oct-12 15:11:16

I suspected this to be the case otherwise I'm sure there would be hundreds of cases similar to mine reported. It's a sorry state of affairs when justice cannot be done for school negligence, and the fact that the school systems know its a hard push for parents to claim their full rights probably means that a lot of schools get away with blue murder. The fact that teachers assistants who have no actual qualifications are given license to abuse their authority is appalling.

What was that website where parents and students can name and shame schools and staff who deserve to be? Perhaps I'll do that instead it's sounds like it will be a cheaper more satisfying option !

LIZS Sun 28-Oct-12 15:16:07

You would need to show that you have exhausted the complaints process, whether you feel it would be impartial or not.

LadyMaryCreepyCrawley Sun 28-Oct-12 15:16:12

I'd contact your LEA, Ofsted and social services rather then 'name and shame'. There are children still at this school, and this act will not help those. I suspect it will make things more 'satisfying' for a minute or two, but afterwards you'll still feel angry.

Fazcavan Sun 28-Oct-12 22:08:30

We have exhausted all avenues and now suspect some cover up as the LEA and turned a blind eye and did ZERO to help us relocate our son so we have had to move now. The Ofsted inspectors must have been friends with the Head or on drigs or the school must have told the staff with behavioural problems to remain at home, they must have also sensored the parental forms with obvious complaints about the school because the report only reproduced ridiculously glowing comments and the offending staff remain in employment despite numerous parent complaints over several years about their underhand methods of 'discipline' abuse. Complaining officially and appropriately has done nothing for us, especially not our child who is now vilified for us trying to do the right thing. I agree about doing it for the other children (apart from the ones related to staff who get preferential treatment), the head and offending staff should be outed and sacked for them as much as us. The schools policy is deny deny deny.

You mentioned social services LadyMary how would I go about it and what will they do?

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