Safeguarding in school

[safefirst]

I've previously asked for advice as we are going through the process of transitioning my son back into school but we keep seem to be hitting problems.
Quick background son came home with severe fingerprint bruising to his arm I reported to police and school, no evidence, trying to transition son back into school he was really happy and then saw this particular TA and reacted to the point of crisis, he is autistic and non verbal, it was so extreme school referred to LADO they advised didn't meet threshold but to talk to TA and put accusation to her and put a risk assessment in place.
So follow on from my previous post the TA was pulled in by senior leadership team and asked if she caused the bruising to my sons arm she obviously denied it, she was then asked if she would move to a different key stage so she wasn't in the same part of the building as my son and she refused, risk assessment was put in place which had a 4/5 for my sons reaction and safety should he see TA, school said if he was to see her it would cause a crisis situation for my son that could lead to him harming himself or others, TA has been advised to avoid my son for safeguarding reasons so if walking down a hall and he is coming towards her she should duck in a room or turn around and walk the other way, on Friday we was in for a transition day as we approached my sons class this TA stood with her foot in her classrooms door blatantly staring at him, luckily he didn't see her as he was looking at a wall display and the teacher that was with us acted fast and stood to block his view, she then with another TA started walking down the hall towards my son, she has been told she can't do this by the headteacher, there is a risk assessment in place which she is totally ignoring, it's utterly disrespectful of her, all I get told is we will have a word with her! This isn't enough, a word, unbelievable, she knows this is a safeguarding risk, luckily the teacher managed to guide my son into a classroom whilst blocking the TA from his view, I honestly don't know what to do, this is a special needs school and spaces are few and far between.
I honestly don't know my next move I have emailed the senior leadership team and the headteacher.

Are you in the UK @safefirst

@CollyWibbleWobbles yes in the uk

The schools mistake was asking her if she'd move to another key stage.

You have to work where required for the needs of the school and pupils education.

They should just move her.

The fact they are so ineffectual in doing the most basic thing to protect both your son and the TA.

Should have said

...... would concern me over transitioning him back to this school.

And I'm usually always on the side of school staff.

That is so messed up I would have zero confidence with her acting aggressive like this its almost....taunting? The child to react (baiting?) Either way its not nice and I would be requesting she be m9ved again because its clear she isn't sticking to the plan and doesn't intend to

Complain, in writing, with all incidents you're aware of, and mention what you may not be aware of and safeguarding so far isn't working so what are they going to do

@itsgettingweird they said they can't move her as it would be seen as discrimination and she could take it to court

@Isaidnoalready exactly I keep asking if she can be moved yet they won't, it feels like she has some sort of power over them and they won't deal with her.
They are short staffed so probably scared of losing a member of staff

Of course they can move her and the fact that she won't move despite knowing her presence causes such an issue for your DS shows just the type of person she is.

That's not correct OP. A head can move any member of staff for any reason! Theres nothing discriminatory about moving a TA to a different area...TAs get moved ALL the time ffs!

It's not unheard of for people to get jobs in schools or other places with vulnerable people and abuse and mistreat them.
I don't know what I would do in your scenario is presumably there aren't any other specialist schools in the area to switch to but if the TA acted just as you describe she sounds unhinged and I wouldn't want my DC any where near them.

@custardbear this is exactly what I done in the email, I put everything in writing, I find her attitude so arrogant, she has seen with her own eyes how scared my son is of her, this is affecting his mental health.
Maybe the best thing is to try and get him in another school I have no confidence in the school and there asking me to let him go down to class without me from this week which I'm not happy about, neither the teacher or other adult with us on Friday noticed she was a few foot away, I had to say can we do something TA is there and staring at him, I'm not sure if she's trying to taunt me into reacting to her.

@Hellocatshome @SpringIntoChaos well this is what I thought schools shuffle there staff around all the time especially TA's, they won't move her, it feels like they don't want my son there.

Well I could probably sue my school for enough to retire then!

I've been moved in year many a time because my skills are needed elsewhere.

Other staff have been moved because they have a particular relationship or skills to support a pupil.

Pupils have been moved because of class clashes with other students that's benefitting no one!

Staff/pupils have also been moved because a pupil takes a particular over liking or dislike to them that cannot be resolved despite trying.

It's called professionalism and you suck it up for the benefit of the pupils in class.

I'd be asking the LA for a nice expensive specialist placement as it's clear ds cannot attend this school. Bet that focussed their minds

@Singleandproud this particular school is our closest 20ish minutes away the next one is 45 minutes away but is an outstanding school.
I wish I had gone for that school it's the one I wanted but we was going to tribunal for a placement and solicitor advised the judge would be happier if we went got the closest school.

@itsgettingweird thank you that's really informative.
My thoughts are to call an early review and name the outstanding school that is further away on the grounds that the current school cannot meet his safeguarding needs or emotional needs.
They could move this TA to sixth form which is a separate building and then my son has a very slim chance of any contact with her.
The school don't like parents that have a voice, who don't comply with what they want to happen. This is my son and this is his safety, well-being and mental health we are dealing with here.

Discrimination on what basis? Take them to court for what?

I thought contracts for TA type roles were usually fairly generic to allow for them to work wherever they are required within a school.

I actually said when they put the risk assessment in place I can tell from the sort of person she is she will try to deliberately bump into my DS, she has an air of arrogance she walks around with, which she has proven.
Risk assessment says, she must not go in his class, she is not allowed on playground duty as ks1 are all out at the same time, if she spots him in vicinity of her she must go in the nearest room or turn around and walk the other way, how disrespectful to go against the headteacher and senior leadership team, she may as well have stood in front of all of us and ripped that risk assessment up.

School staff who are causing a child to become distressed purely by their presence would be a red flag to me
She can't refuse to move so I'm wondering how the school worded moving her that they told you this reason
Failing to stay away from your son when she has been requested to do so shows a lack of respect to other staff, her superiors and your son. It confirms , in my eyes her poor judgement
Put it all in writing and then go to the governors. I would put money on there being a bigger story behind the scenes with her

Someone’s spinning you a yarn.

As @itsgettingweird says, TAs are moved all the time, due to children leaving or skills needed elsewhere, staff sickness etc. Your son may be non verbal but he is communicating clearly that he’s unhappy to be near her.

Complain to the LA and School Governors.

@Whowhatwherewhenwhynow I agree that's what I thought.
She worked in a preschool/nursery before working here I'm wondering because she is used of working with the younger children she is contracted for ks1 because that's where her strengths lie.
I have to say though I think if you was in that job for the right reasons you would move key stage to protect that child to me it just all stinks of her guilt of what she done to my son.

@CollyWibbleWobbles how it was worded to her I have no clue, but I was told they asked if she would move key stage, she said no, school said nothing we can do it's discrimination etc.
I have been to the governors previously because of the bruising on my sons arm, I got spun a load of rubbish about cctv not working that day, and the head wrote in a letter that police said they wasn't allowed to view cctv due to GDPR which was a lie, police advised me it was a blatant lie.
The governors had an independent investigation found no evidence end of, can I go back to the governors this is obviously a separate matter and a new complaint, im tempted to just go to the academy's trust but apparently that's not allowed.

@Anewuser who would I complain to at the LA? His EHCP coordinator is obviously involved but doesn't seem she can do much unless we call an annual review

I just want to thank everyone for your kind advice this is really helpful, and confirms to me I'm doing the right thing.
I get the feeling the school seem exasperated with the situation but I have to know my son is safe, settled and happy.
His reaction to her said a thousand words and confirmed to me that she did physically abuse my poor vulnerable little boy, what sort of person does that knowing he has no voice to tell anyone it just makes it so much worse because that's why she picked him because he couldn't tell, it's heartbreaking

I have worked in schools for forever and its never been in any contract that I'm to stay in one year group
Especially so as its a special school and you have to cover staff absences alot as they tend to be higher