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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:
cardibach · 06/09/2024 19:54

caringcarer · 06/09/2024 19:25

They don't have an official policy. OP has asked to see it and nothing exists.

She said it was in a booklet she received in reception (ie when her DD joined the school)

Walkden · 06/09/2024 19:49

"unless they have a specific reason for thinking it would be less safe for this child to walk 300 meters to their parent's house"

Which they evidently do as it is incorporated into their policy, with some justification I expect.

I don't think SS are in the habit of overruling schools policies on collecting children, but should be interested in parents who think it's too inconvenient to make arrangements for collecting their child from 300m away....

wombat15 · 06/09/2024 19:41

Walkden · 06/09/2024 19:29

"What do you think will happen if the school inform social services"

As I've posted before I'd be surprised if ss were informed unless this happens regularly or they fail to pick up well after asc has finished.

Given the workload that SS are under I think they are unlikely to intervene on the parents behalf to allow the child to walk home before April. They would rightly expect the parent to make arrangements like other parents at the school or to make a more sensible appeal to the head or dsl to intervene on their behalf going forward.

Perhaps the OP will return to the thread updating us on how SS heroic overworked staff took a break from their workload with drug addicted parents, cse, CCE cases etc to correct this egregious abuse of power....

The school will be the ones wasting the social services time if they are keeping the child at the school and phoning social services. If the school are the ones calling social services I think that social services will rightly tell the school they should let the child walk home unless they have a specific reason for thinking it would be less safe for this child to walk 300 meters to their parent's house compared with any other 9 year old.

MrsSunshine2b · 06/09/2024 19:38

Walkden · 06/09/2024 18:50

"The school isn't really entitled to judge whether the child is able to go alone"

Right so if the child was 5 they are not entitled to make a judgement if the parents instruct are to go alone?

Or is it that we disagree with the judgement in this particular instance given the age of the child?

Surely you recognise that schools make these judgements all the time and incorporate them into rule of thumb policies that they get approved and inform parents about .... Some schools let kids walk home from year 4 some from middle of year 5 like this one..

If the school thinks a particular child is at risk, they should take action on that particular child. A school does not need a blanket rule to say a child cannot walk home alone in Reception/Y1, because the number of parents who would think that was OK will be extremely small. The school should act to safeguard a child walking home alone at that age, or any child who is clearly not mature enough to walk home alone being allowed to, but the assumption should be that the parent knows their child well enough to decide.

Walkden · 06/09/2024 19:29

"What do you think will happen if the school inform social services"

As I've posted before I'd be surprised if ss were informed unless this happens regularly or they fail to pick up well after asc has finished.

Given the workload that SS are under I think they are unlikely to intervene on the parents behalf to allow the child to walk home before April. They would rightly expect the parent to make arrangements like other parents at the school or to make a more sensible appeal to the head or dsl to intervene on their behalf going forward.

Perhaps the OP will return to the thread updating us on how SS heroic overworked staff took a break from their workload with drug addicted parents, cse, CCE cases etc to correct this egregious abuse of power....

caringcarer · 06/09/2024 19:25

cardibach · 05/09/2024 17:30

It’s not a police matter that school has a policy to require parents to collect children. It may be a police matter if parents don’t pick up their child.

They don't have an official policy. OP has asked to see it and nothing exists.

wombat15 · 06/09/2024 19:06

Walkden · 06/09/2024 18:57

"they know the parent has given permission for their child to walk home alone, so at this point the school is choosing to detain the child."

In line with their legal responsibilities of duty of care and having informed the parent they will ultimately have to inform SS if the child is not collected.

You might think this is overcautious for a year 5 child but it is hardly the flagrant breach of the law and an outrageous case of kidnapping some posters including the op are making it out to be...

What do you think will happen if the school inform social services that the parent hasn't been to collect but on investigation the parent has said the child can walk home the 300 metres and they will be at home waiting?

Walkden · 06/09/2024 19:00

The school could make a reasonable judgement call as to whether

So now you concede that they CAN (and indeed legally are required to make) judgement on parental decisions.....

You just disagree with the judgement.

On the face of it do might I but Mumsnet posters do not have the full background or information in this case

caringcarer · 06/09/2024 18:58

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.

Get your DH to pick her up after he finishes work. It seems ridiculous to me if she's only got to go 300 metres and no road and you've given written consent.

Walkden · 06/09/2024 18:57

"they know the parent has given permission for their child to walk home alone, so at this point the school is choosing to detain the child."

In line with their legal responsibilities of duty of care and having informed the parent they will ultimately have to inform SS if the child is not collected.

You might think this is overcautious for a year 5 child but it is hardly the flagrant breach of the law and an outrageous case of kidnapping some posters including the op are making it out to be...

Natsku · 06/09/2024 18:55

Walkden · 06/09/2024 18:50

"The school isn't really entitled to judge whether the child is able to go alone"

Right so if the child was 5 they are not entitled to make a judgement if the parents instruct are to go alone?

Or is it that we disagree with the judgement in this particular instance given the age of the child?

Surely you recognise that schools make these judgements all the time and incorporate them into rule of thumb policies that they get approved and inform parents about .... Some schools let kids walk home from year 4 some from middle of year 5 like this one..

The school could make a reasonable judgement call as to whether, if they called SS about this situation, SS would likely consider it a safeguarding issue or not. With a 5 year old the school could reasonably assume SS would consider it a safeguarding issue, and so they must call SS and report the issue. Not so much with a 9 year old unless there are other factors involved like SEN.

Natsku · 06/09/2024 18:51

Walkden · 06/09/2024 16:17

"If there is no negligence and no suspicion of negligence they can't keep the child there against their parents wishes because thats also not legally ok"

The school has a duty of care under the law to safeguard children. Their policy on pupil being collected incorporates this and would have been drafted in consultation with the dsl etc and signed off by the governors. So they absolutely do have grounds to " detain" a child until they can be collected safely.

Whilst on school grounds s and at after school clubs the child is cared for by DBs staff and is in no danger. But the school does not have to immediately refer to social services if a child is kept at school if a parent is running late as these referral require certain thresholds to be passed. So if the parent does not collect safely after a certain time or a pattern of incidents are built up then a referral will follow.

Ivery much doubt the law is being broken here despite the hysterical posters adamant it is. OP contacted the police who weren't interested either.

But in this case it isn't a case of a parent running late so the school keeps the child safe inside until the parent arrives. In this case the parent has informed the school that they won't be coming to pick up their child, so the school knows they're not running late and will turn up eventually, they know the parent has given permission for their child to walk home alone, so at this point the school is choosing to detain the child.

Walkden · 06/09/2024 18:50

"The school isn't really entitled to judge whether the child is able to go alone"

Right so if the child was 5 they are not entitled to make a judgement if the parents instruct are to go alone?

Or is it that we disagree with the judgement in this particular instance given the age of the child?

Surely you recognise that schools make these judgements all the time and incorporate them into rule of thumb policies that they get approved and inform parents about .... Some schools let kids walk home from year 4 some from middle of year 5 like this one..

ZiriForGood · 06/09/2024 18:28

bignosebignose · 06/09/2024 13:51

Great, and I expect that the fee for yesterday will be waived in the end when there's been enough jumping up and down done about it. I don't think that's the key issue though - it appears that nobody collected the child, so the school kept them at school pending collection. From here on, the parents now have the option of ASC or collection, or social services will be called.

Yes, if the school doesn't want to release the child as instructed in writing, they have to call the social services.

The school isn't really entitled to judge whether the child is able to go alone, no matter what they think they wanted to write into a policy they can't even find now.

Do you think the SS will find the parents being negligent when they consider their child capable of walking from school alone (the same way the child walks alone going to school)? Or will the SS gently ask the school to just release the child and not bother them with this utter non-issue?

wombat15 · 06/09/2024 18:23

Walkden · 06/09/2024 16:17

"If there is no negligence and no suspicion of negligence they can't keep the child there against their parents wishes because thats also not legally ok"

The school has a duty of care under the law to safeguard children. Their policy on pupil being collected incorporates this and would have been drafted in consultation with the dsl etc and signed off by the governors. So they absolutely do have grounds to " detain" a child until they can be collected safely.

Whilst on school grounds s and at after school clubs the child is cared for by DBs staff and is in no danger. But the school does not have to immediately refer to social services if a child is kept at school if a parent is running late as these referral require certain thresholds to be passed. So if the parent does not collect safely after a certain time or a pattern of incidents are built up then a referral will follow.

Ivery much doubt the law is being broken here despite the hysterical posters adamant it is. OP contacted the police who weren't interested either.

You don't know if anyone who knows what they are doing has signed anything off. OP says there is no written policy and the fact the other schools don't have it suggests someone is making up rules as they go a long and not understanding that parents are responsible for decisions on their child's safety outside school hours and premises. I actually had an issue with a teacher not letting Dd leave an event until a parent turned up despite the fact she was 18. They argued that it was school policy too.

wombat15 · 06/09/2024 18:12

bignosebignose · 06/09/2024 13:51

Great, and I expect that the fee for yesterday will be waived in the end when there's been enough jumping up and down done about it. I don't think that's the key issue though - it appears that nobody collected the child, so the school kept them at school pending collection. From here on, the parents now have the option of ASC or collection, or social services will be called.

What do you think social services will do if they find out that the parent has said they can walk home, it's 300m and a parent is present at home and that the school knew this?

wombat15 · 06/09/2024 18:06

ChampagneLassie · 06/09/2024 13:45

I think you’re delusional in thinking this is a legal matter. It’s clearly their policy, designed to safeguard children, no state schools don’t have resources to make case by case assessments. If DH is on a call and your daughter doesn’t arrive when will he realise? 300m is still plenty distance for something to happen. I live in a very nice area, and a neighbours 10 yr old was almost snatched by some men in a car. She was certainly nearer than 300m from home.

They could nearly snatch a 16 year old too. Are you suggesting they shouldn't walk home either? Anyone could be abducted including you.

wombat15 · 06/09/2024 18:03

Boomer55 · 06/09/2024 17:59

Well then, one of those two should walk 300 yards and pick the child up.🙄

Not necessarily if they are working.

Boomer55 · 06/09/2024 17:59

Reugny · 05/09/2024 16:58

It isn't an empty home there is an older child and an adult who will be at home.

Well then, one of those two should walk 300 yards and pick the child up.🙄

thing47 · 06/09/2024 17:48

I was told by the head teacher that the law does not apply to them

Wait, what? I've just re-read your OP @Kutika, I must have missed this before. The HT actually voiced the opinion that the law does not apply to them? Of course it fucking does. Schools don't get to ignore disability discrimination legislation, for example, just because they are a school. Sadly I have plenty of (professional, not personal) experience of schools – most often their HTs – thinking this, but have never heard one actually say it out loud.

MeThinksTime · 06/09/2024 17:47

Can a parent in the same class collect her and drop her at the house?

thisfilmisboring123 · 06/09/2024 16:59

Isthisit22 · 06/09/2024 16:47

She can tell them her opinion, which she has done. They have responded with a reiteration of their rule.
Everyone has rules they don’t like, but that’s how society works.

Yes, but why should the OP be inconvenienced just to protect all the children that go to the school.

Clearly, the school are acting illegally and just to be awkward for absolutely no reason whatsoever.

thing47 · 06/09/2024 16:58

If the school has a genuine concern in this specific instance, they would be right to raise that concern with the proper authorities (in fact as PPs have pointed out, they have a legal duty to do this). What they do not have the right to do is detain the DC in question by not allowing them to walk home or forcing them to attend an ASC for which OP has not given permission.

It never ceases to amaze me how many people, even people who work in schools, think that school rules and policies take precedence over the law even outside school hours. They do not. OP has made her wishes known, expressly and in writing, and the school are obliged to follow those wishes unless they can provide a very specific reason it is unsafe to do so. 'We have a policy' won't cut it.

At present there is only one party in this dispute which is actually breaking the law and it isn't @Kutika.

Isthisit22 · 06/09/2024 16:47

wombat15 · 06/09/2024 12:18

You do actually get to tell the school if they are doing something that is outside their remit as in this case.

She can tell them her opinion, which she has done. They have responded with a reiteration of their rule.
Everyone has rules they don’t like, but that’s how society works.

Isthisit22 · 06/09/2024 16:40

RedToothBrush · 06/09/2024 12:27

But it isn't about rules. It's about development of life skills.

If you are seeing this through the lens of rules you really are missing a huge point in education.

Don’t be daft- the children will be allowed from April. Their development is not going to be stunted from this.

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