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School not letting my child from the school

844 replies

Kutika · 05/09/2024 15:59

I have read numerous discussions where people mention that schools cannot legally prevent a child from leaving, yet I find myself in this exact situation. The school is refusing to allow my child to leave, despite my clear instructions. I've sent an email, filed a complaint with the trust, and even contacted the police, but to my surprise, none of these actions have resolved the issue. I was told by the head teacher that the law does not apply to them. Any ideas on who to contact?

OP posts:
Kutika · 05/09/2024 20:18

itsgettingweird · 05/09/2024 20:15

Try sending the link to the school I attached above.

Very hard for them to argue when you send them the actual information they are refusing to follow - and ask them why they are disregarding it!

I have saved the link. thank you

OP posts:
FeedingThem · 05/09/2024 20:18

Kutika · 05/09/2024 16:55

No, there is always someone at home. My husband finishes work around the same time, and our eldest child arrives home at a similar time, so she would never be alone.

So why can't he go and get her? Even if you continue your debate, it sucks for your kid to he left because no one will get her because they seemingly CBA

itsgettingweird · 05/09/2024 20:15

Try sending the link to the school I attached above.

Very hard for them to argue when you send them the actual information they are refusing to follow - and ask them why they are disregarding it!

LewishamMumNow · 05/09/2024 20:15

@Walkden But people don't have a free choice over where to send their kids to school. And if OP did send her child to a different school that would presumably be a lot further away.

Kutika · 05/09/2024 20:14

Foxxo · 05/09/2024 20:11

can one of the older children get them to walk home with?

Nope Schools policy must be Adult

OP posts:
StiffedByStepmum · 05/09/2024 20:13

jannier · 05/09/2024 19:29

I've been going to schools daily for 24 years none around here would do that the child has to have an adult on their approved pick up list teachers hand each one over at the door

That’s the usual rule for reception through to the end of year 4. My eldest started primary school 22 years ago so I’ve 2 years less experience than you. Eldest was allowed to leave school on their own from year 5 (with parental permission) but usually actually met up with me and youngest who didn’t walk home on own until secondary school due to special needs.

One if my jobs is to keep the register of who can and can’t leave school on their own. Currently all but 5 of our Y6 children leave on their own (some meet their adults on the way though) and about half a dozen of our Y5 children have brought in parental permission to leave alone. This number generally increases over the year.

Havingtoomuchfun · 05/09/2024 20:13

HaudYerWheeshtYaWeeBellend · 05/09/2024 20:02

I’m sure people are hard of reading, the OP husband WILL be at home.

Even if they're hard of reading or not, husband being at home is a red herring.

The school are acting illegally in detaining a child. Schools are only legally allowed to hold a child after school if instructed to by children's services or the police.

Foxxo · 05/09/2024 20:11

can one of the older children get them to walk home with?

take10yearsofmylife · 05/09/2024 20:10

That's strange, is the area around school unsafe? DD's school allow children to walk home alone from year 5 but it's quite safe here.

RawBloomers · 05/09/2024 20:09

Takoneko · 05/09/2024 19:28

I think the fact that not a single person is able to point to any legislation or guidance that gives schools this power tells you what you need to know. People keep saying “safeguarding” but not one person can tell me where schools get this power.

If you really want to fact-check me, you can find what I’ve been saying on page 85 of Working Together to Safeguard Children.

Common law gives everyone (not just teachers) the defence to a charge of assault that their reasonable use of force was to prevent imminent harm to themselves or another. Preventing a four year old from wandering into the street would generally meet that criterion. A 9 year old, on the other hand would not be at risk of imminent harm by walking home unless there was something else going on.

Teachers may be prevented by school policy from using reasonable force in circumstances where it is legal. But policy cannot give them the right to use force where it is illegal.

SummerFade · 05/09/2024 20:09

BankHolidayReset · 05/09/2024 17:17

Oh and I'd love to know how you got the police involved in this?

Presumably because it’s kidnap and unlawful detention of a minor?

itsgettingweird · 05/09/2024 20:09

Cardi a school could detain either in this situation. But they can't do it and keep them in ASC and charge the parents.

They MUST contact MASH team and/or police who are the ones who have the power to detain. Schools officially don't - just the power to raise a safeguarding concern.

And a school would stop a 4yo leaving alone physically if needed - different policy but you have legal mowers to use restrictive physical intervention where it is reasonable, proportionate and necessary.

A 10yo walking 300m to their house wouldn't meet the threshold for detaining physically - not likely for SS or police to agree it's safeguarding purely on the information we have here.

Under 8 would be a different matter.

Read what I linked to and what taw said to read too.

Doesn't matter any of our opinions - the OP is right in what she's saying.

Takoneko · 05/09/2024 20:08

Devonshiregal · 05/09/2024 20:04

while I agree the holiday thing is bollocks if it’s a legitimate holiday with parents pr guardians, I don’t see how that means they should let them walk home? At what age is it ok? Like if a parent said their kid could walk home at age 4 would that be ok or should the school overrule? I would never let my kid walk home in y5 or even 6, so for me I think it’s madness that schools do. You think it’s fine. Everyone has a different opinion. So what if someone said a y3 or 4 or 2 or 1 could walk home because they were ok with it? Surely the school is allowed to make the decision otherwise they shouldn’t be allowed to dictate that any years - Even younger years- shouldn’t walk home alone.

also I think it’s crazy to let a 10 yr old out by themselves. So what there’s cctv? You get to see your kid be kidnapped then, great. Doesn’t stop it. Fully grown women are not safe in this world so how does a 10 yr old stand a chance? just leave your desk if you’re working from home if it’s only 300 yards or whatever

One last time. The school doesn’t ever get to decide. They can refer to social services and police if they feel a parent’s decision is neglectful or dangerous.

For my own sanity I’m now going to step away from this thread.

XiCi · 05/09/2024 20:08

HaudYerWheeshtYaWeeBellend · 05/09/2024 20:02

I’m sure people are hard of reading, the OP husband WILL be at home.

Nope, read again

Highfivemum · 05/09/2024 20:06

Although I understand your issues I will comment on a school point of you and go against the grain.
as a teacher we have a policy that year 6 can walk home with the parents written consent. Year five can walk home from the Easter of year five again with consent. We as a school have issues when we allow younger children to walk home. As soon as one child in the class does it other children in the class then pester parents and is us teachers to do the same. The issue is the year group ranging in age from the youngest till the older ones and all children are so different and live different distances. We have this rule and the parents appreciate it too as all are treated the same.
we have lots of parents who collect other children ( with consent ) and drop them on route.
as your such a short distance surely another mum / dad could walk them past yours. ?

I wouldn’t challenge the school as the school have so many issues and although I understand your concerns it will all be sorted in a few months

Devonshiregal · 05/09/2024 20:04

Kutika · 05/09/2024 17:30

This should not be the case. What about parenting and their responsibilities? So if I decide to go on holiday for two weeks why do I have to pay the fine? So why does the school over rule the Law??

while I agree the holiday thing is bollocks if it’s a legitimate holiday with parents pr guardians, I don’t see how that means they should let them walk home? At what age is it ok? Like if a parent said their kid could walk home at age 4 would that be ok or should the school overrule? I would never let my kid walk home in y5 or even 6, so for me I think it’s madness that schools do. You think it’s fine. Everyone has a different opinion. So what if someone said a y3 or 4 or 2 or 1 could walk home because they were ok with it? Surely the school is allowed to make the decision otherwise they shouldn’t be allowed to dictate that any years - Even younger years- shouldn’t walk home alone.

also I think it’s crazy to let a 10 yr old out by themselves. So what there’s cctv? You get to see your kid be kidnapped then, great. Doesn’t stop it. Fully grown women are not safe in this world so how does a 10 yr old stand a chance? just leave your desk if you’re working from home if it’s only 300 yards or whatever

XiCi · 05/09/2024 20:03

The OP has explained that her daughter would be going home, not god knows where, and that hr husband works from home
No she has said her husband leaves work around that time but sometimes has meetings. She has not said he wfh.

KendraTheVampyrSlayer · 05/09/2024 20:03

XiCi · 05/09/2024 20:01

I'm gathering from your absolute refusal to confirm who actually is at home, that the only person in the house at the time your dd would be walking home is your 14 yr old dd. I imagine that is the real problem

Why? Can't a 14 year old look after an almost 10 year old?

HaudYerWheeshtYaWeeBellend · 05/09/2024 20:02

I’m sure people are hard of reading, the OP husband WILL be at home.

Walkden · 05/09/2024 20:02

Well op you sent your child to a school that has a clear policy on safeguarding with respect to allowing children home unsupervised. In year 5, many schools might have a policy that allows this but you are being very unreasonable to expect them to implement differing rules based on the character of the child and the exact route home how likely they are to be influenced by peer pressure to pop down through local shops or park etc.

You are talking like they have kidnapped your child and calling the police etc but schools have in loco parents responsibility to keep your child safe as you well know. A parent telling them "fuck that you have my permission because it's 300 yards to let them walk home alone" does not absolve them of this legal duty.

Either arrange for someone to collect the child for you like other working parents, make after school arrangements or send them to a different school whose policies you agree with.

Babbahabba · 05/09/2024 20:01

I don't know how you have the energy to cause such a fuss over something which will change in a few month's anyway. Isn't all this stressful for your child/ being told one thing by you, another by the school, not knowing what's going to happen at hometime etc. is it really worth all the aggro?

XiCi · 05/09/2024 20:01

I'm gathering from your absolute refusal to confirm who actually is at home, that the only person in the house at the time your dd would be walking home is your 14 yr old dd. I imagine that is the real problem

Stewandsocks · 05/09/2024 19:59

NeedSomeAnswersPlease · 05/09/2024 19:45

@EvangelicalAboutButteredToast but it is. The parent wants their kid to go god knows where alone. OP is very insistent that people will be home but doesn't answer why the people at home can't just go and get the child!

The OP has explained that her daughter would be going home, not god knows where, and that hr husband works from home but can't always leave for 10 minutes to pick his daughter up, as he may be on calls or in meetings.

I think you're over dramatizing a bit.

Kutika · 05/09/2024 19:59

SilenceInside · 05/09/2024 19:55

I would collect my child. Not "sit, stay and follow", I'm not a dog. If I thought the policy was unfair, inflexible and so on, I would raise it at the next parent partnership meeting, with the class parent rep, the parent governor etc etc explaining why I thought my version of the policy was better for everyone.

You can raise but you are ignored.

OP posts:
SilenceInside · 05/09/2024 19:55

I would collect my child. Not "sit, stay and follow", I'm not a dog. If I thought the policy was unfair, inflexible and so on, I would raise it at the next parent partnership meeting, with the class parent rep, the parent governor etc etc explaining why I thought my version of the policy was better for everyone.

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