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Accused of negligence - help!

16 replies

wasninah · 11/11/2016 22:32

I have a class with a few children with really extreme needs. I am doing my best to manage it but due to cutbacks there are not sufficient trained adults. School is currently recruiting a TA and about to fill in with an agency temp. The adult that was with me today removed a child from the class and my HT is now accusing me of negligence in dealing with the behaviour. Fortunately I am leaving at Xmas but I am so worried about what they will do to me in the next 5 weeks! what can I do!

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Rainbowcolours1 · 11/11/2016 22:54

Write down exactly what happened and what was said and then contact your union for advice.

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wasninah · 11/11/2016 23:12

The accusation is by email, fortunately. I have contacted union but I don't expect a reply before Monday; meantime I have to go back to work in the certain knowledge that there will be an incident of some kind and that HT will be waiting to hang me out to dry.

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Donthate · 11/11/2016 23:16

Speak to your union before you do anything. Don't go to any meetings without a union rep.

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wasninah · 11/11/2016 23:39

Well the last time I spoke to them they were useless. They just told me to go off sick for 7 weeks! I won't go to meetings without representation, no. I have replied to the correspondence though, calmly and factually, although I did point out the ratio issue which won't be appreciated.

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wasninah · 11/11/2016 23:40

I have worked at the school for 5 years with only good/outstanding on my record and no concerns.

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myyoyo · 13/11/2016 21:29

What does HT think you should have done differently?

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WinnieTheWilt · 13/11/2016 21:54

I've no idea. I've filled in the paperwork for my union now - they got in touch on Saturday which was brilliant. I have hardly eaten or slept all weekend though. Hopefully union advice will get me through this.

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myyoyo · 14/11/2016 10:31

Did the person who removed the child follow the school's behaviour policy? Do the children who have extreme behavioural difficulties have a support plan for staff to follow?

I can't see how you can be held responsible for the actions of another member of staff unless you have directed the staff member to ignore an agreed strategy for dealing with behaviour.

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WinnieTheWilt · 15/11/2016 12:12

The person did not follow behaviour policy but was commended for their action, in contrast with my own, which has always followed policy. It's a moot point now since the email, on top of weeks and weeks without support in these circs tipped me over the edge and I am now signed off with WRS. Still getting hassled for planning, though. Job going there in Jan if anyone's interested!

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Floggingmolly · 15/11/2016 12:16

They were commended for their action; even though it contravened policy and you were held accountable for this? Confused

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myyoyo · 15/11/2016 19:52

You are not responsible for another adult's actions just as you are not responsible if a child with additional needs isn't being supported adequately. Is the HT trying to deflect his responsibilities? It sounds like an awful place to work.

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WinnieTheWilt · 15/11/2016 20:34

It is hideous. Not the children and parents - I really like them - management. Really toxic.

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WinnieTheWilt · 15/11/2016 20:35

And yes, it is ALL about deflection. Usually works, as well!

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WouldHave · 18/11/2016 10:19

Do any of the children with extreme needs have ECHPs? If not, can you start the ball rolling on that? And if they do, can you call emergency annual reviews with a view to getting more support written in to their EHCPs so that it will be funded from the council?

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WinnieTheWilt · 18/11/2016 12:01

No they don't. It's out of my hands now. Maybe the SENCo will get cracking on it; I have been pushing for formal assessment.

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WouldHave · 18/11/2016 13:28

Well, that's at least part of your answer to the accusation of negligence - the school itself has been more negligent in not following your recommendation. When you go back to work, see if you can persuade any of the parents to apply on their own behalfs.

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