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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 19:53

SilenceInside · 05/09/2024 19:48

I still can't see the point in having such a fraught combative relationship with the school over this issue. You don't even want to change this rule for everyone, just for your specific exception. Why would you even want to send your child to a school where you have called the police on them, written formal complaints, and they have responded by suggesting that social services should be called? How is any of that of benefit to your child? How can you trust the school if you think they are acting illegally to the point that you call the police? It's all so extreme.

If someone will take your child and won't let it out what will you do? Sit, stay and follow what was told to you. This is what you have to do? The reason for this is that there would be an alternative option for everyone in Year 5/6. As I noted previously one rule doesn't fit all.

OP posts:
EvangelicalAboutButteredToast · 05/09/2024 19:51

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!

Honestly you’re wrong. We had training on this recently from both the head and the CEO of the academy trust and they have stated the school has no legal ability to stop a child from walking home. They can express concern and involve the relevant authorities, but they can’t stop the child from leaving if the parent has given permission. There is no legal age for a child to be left alone either. There is an age for a child to be solely responsible for another child and that’s 14.

Everydayimhuffling · 05/09/2024 19:50

So presumably you phone school when your child doesn't arrive home on time and they say she's in the ASC? At that point (having already sent an email like was suggested earlier), I would reiterate that I would not be collecting my child from the ASC either and that she would need to walk home. On a darker and more empty street so less safely.

They will find that the police and SS are profoundly uninterested, so I don't see what alternative they will have to sending her home.

NeedSomeAnswersPlease · 05/09/2024 19:50

@Kutika that's an excuse. Approach a parent.

You've changed your tune from him getting home just as the child would arrive, to your husband working from home and not being able to leave?

SilenceInside · 05/09/2024 19:48

I still can't see the point in having such a fraught combative relationship with the school over this issue. You don't even want to change this rule for everyone, just for your specific exception. Why would you even want to send your child to a school where you have called the police on them, written formal complaints, and they have responded by suggesting that social services should be called? How is any of that of benefit to your child? How can you trust the school if you think they are acting illegally to the point that you call the police? It's all so extreme.

Kutika · 05/09/2024 19:48

NeedSomeAnswersPlease · 05/09/2024 19:42

@Kutika if as you say it's an estate with everyone going that way, can't you ask a parent if she can walk home with their children?

Unless of course there's nobody there to let her into the house

We moved to this estate two years ago, so I don’t know many parents here. If it were our previous school, this wouldn’t be an issue. Yes, there is someone at home and the Child will not be alone. Anyone whos saying for my Hubby to take 20min or 10min or 5min. Sometimes he cant do it because of the meetings. For someone with really great companies maybe they can be flexible but this is not the case. Again the school is not releasing the children dead on time to arrange the exact moment of picking up.

OP posts:
DoYouReally · 05/09/2024 19:46

There has to be better battles that your energy could be put towards. This really is a case of refusal to back now and where it is about winning.

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!

Takoneko · 05/09/2024 19:44

Kutika · 05/09/2024 19:42

I read your comment and agree—they shouldn't be able to do this. Yet, they are holding my child. The last email I received stated that if I don’t collect my child, social services will be involved. My response was simple: let's involve them and explain why you’re not allowing my child to walk home. I won't keep my child in school without collecting but maybe I need to speak with her to explain the reasons behind it.
It looks like the ASC is part of the same school and the trust. I will be questioning their insurance policy regarding the child without consent.

That’s the perfect response. Call their bluff. Social services will not have an issue with what you are doing.

EvangelicalAboutButteredToast · 05/09/2024 19:43

NeedSomeAnswersPlease · 05/09/2024 19:40

@EvangelicalAboutButteredToast totally different. The school is releasing the child from their care and needs to be sure they'll be safe.

It’s not totally different at all. The parent could turn up at school and insist they take their child at 3pm and the school would have to hand the child over. The parents rights trump the schools.

Kutika · 05/09/2024 19:42

Takoneko · 05/09/2024 19:35

They have no authority to do so.

This is getting tiring now.

Edited

I read your comment and agree—they shouldn't be able to do this. Yet, they are holding my child. The last email I received stated that if I don’t collect my child, social services will be involved. My response was simple: let's involve them and explain why you’re not allowing my child to walk home. I won't keep my child in school without collecting but maybe I need to speak with her to explain the reasons behind it.
It looks like the ASC is part of the same school and the trust. I will be questioning their insurance policy regarding the child without consent.

OP posts:
Takoneko · 05/09/2024 19:42

cardibach · 05/09/2024 19:37

They have no legal authority to insist on uniform either…

Incorrect:

“Pupil non-compliance
Teachers can discipline pupils for breaching the school’s rules on appearance or uniform. This should be carried out in accordance with the school’s published behaviour policy.
We would expect schools to deal with pupil non-compliance in a proportionate and fair way. Guidance on behaviour and discipline in schools is available.“

Behaviour in schools

How school staff can develop a behaviour policy.

https://www.gov.uk/government/publications/behaviour-and-discipline-in-schools

NeedSomeAnswersPlease · 05/09/2024 19:42

@Kutika if as you say it's an estate with everyone going that way, can't you ask a parent if she can walk home with their children?

Unless of course there's nobody there to let her into the house

NeedSomeAnswersPlease · 05/09/2024 19:40

@EvangelicalAboutButteredToast totally different. The school is releasing the child from their care and needs to be sure they'll be safe.

EvangelicalAboutButteredToast · 05/09/2024 19:37

Lancasterel · 05/09/2024 19:16

It’s just the school’s policy 🤷‍♀️ different schools have different policies about who can/can’t walk home, just like they have policies about numerous other things. Parents can’t overrule other policies can they, uniform, times of the school day etc etc?

Well hang on, this is outside of school hours. What jurisdiction does the school have at 2pm on a Saturday afternoon or 10pm on a Sunday night? Once the school day finishes the responsibility falls on the parent or guardian, and this parent has already given permission for her child to walk home.

cardibach · 05/09/2024 19:37

Takoneko · 05/09/2024 19:35

They have no authority to do so.

This is getting tiring now.

Edited

They have no legal authority to insist on uniform either…

Tiswa · 05/09/2024 19:36

This is an issue I think overall that we coddle and protect children and primary school and try and protect them from things under the guise of safeguarding before throwing them into high school and expect them to survive a completely different environment

walking home from 10 a sensible distance is a completely practical and sensible step for getting children ready. DS certainly did as we live down the road and it was just crossing a road. Others who lived farther away would pick up at ours at the beginning before they were allowed to go by themselves in year 6

its not like a switch goes off in the Septemver before high school that gives them the skill set they need gradual experience and exposure

and year 5 is the time to start

Takoneko · 05/09/2024 19:35

cardibach · 05/09/2024 19:29

I don’t think I ever said that. I still think that most teachers would detain a four year old or a child they knew would go home to an empty house in Y5 though.

They have no authority to do so.

This is getting tiring now.

LaerealSilverhand · 05/09/2024 19:35

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

Did you miss that this is not infants? It’s year 5 ie junior school. Of course they don’t hand over kids individually to named adults in junior school.

RedToothBrush · 05/09/2024 19:31

Schools have a duty of care but what's forgotten in the midst of this is their responsibility to facilitate and support the independence of children at an age appropriate time with the involvement of parents who should ideally be taking the lead on this.

The school should not be preventing it unless they can demonstrate they have a safeguarding concern. That might be because they feel that particular child is lacking in maturity, they know there is a dangerous hazard or area the child has to navigate or because they have welfare concerns.

If they can voice that concern then they shouldn't be refusing to let the child go. Why? Because it damages the relationship with the parents and it demonstrates a lack of adequate communication with parents. The school should be able to say we see this a potential risk, how do we work together to foster independence in this particular child and remind parents of what risks there may be.

A failure to nurture independence has its own consequences.

cardibach · 05/09/2024 19:29

itsgettingweird · 05/09/2024 19:22

Cardi learning.nspcc.org.uk/research-resources/schools/dropping-off-and-picking-up-before-and-after-school

Hopefully this will reassure you we aren't making it up 😂

I don’t think I ever said that. I still think that most teachers would detain a four year old or a child they knew would go home to an empty house in Y5 though.

jannier · 05/09/2024 19:29

StiffedByStepmum · 05/09/2024 19:23

Most schools around here including the one I currently work at allow children to go home alone from the start of year 5 with parental permission. This often includes bus journeys for a lot of our students.

At my school this is written into our safeguarding policy.

One local school actually allows it in the last term of year 4.

The school COULD involve social services if they can show that the child is in danger but I doubt it would reach the threshold for them to become even slightly interested.

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

Takoneko · 05/09/2024 19:28

cardibach · 05/09/2024 19:16

How do I know that’s true?
I'm not saying it’s not. I’m a teacher (secondary) and my parents were primary teachers. What I’m saying is ‘because I’m an expert’ online means nothing.

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.

RawBloomers · 05/09/2024 19:26

Agree with others that if you want her to be allowed to walk home you’ll have to call their bluff and play hardball. Refuse to pay the after school club charges or collect her. Write to let them know that you haven’t authorised her attendance, do not want them to detain her, and you won’t be paying for it; nor will anyone be picking her up at the end as you have authorized her to walk home by herself.

Pretty hard on your DD until it’s resolved, though. Maybe check how she feels about it and cave on the picking up from after school club when it’s convenient for you (but not the paying for it) if she’s uncomfortable.

MumonabikeE5 · 05/09/2024 19:25

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?

I live in central London, in a fairly rough area. Yet we are expected to allow our kids to walk to and from school from start of year 5. Whether I as a parent are happy or not- such is the peer pressure to do this.

so frankly if my kid can walk 1.1km to school yours can go 300m