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.

@thesnailandthewhale I hadn't thought of that, but you make a good point.
From the September to February half term his main TA was lovely he seemed happy as well, after the half term his main TA was changed to this new one as other had left the school, he was fine initially then he was off unwell the day he went back he had a massive meltdown getting on the bus this is the incident where she left him on the floor and walked away from him, he then started with not drinking and eating some days at school, he was screaming in the mornings once he saw his uniform then he came home once in March with bruises to his arm the ones I wasn't 100% on, that made me keep a close eye obviously then in April he came home with this horrific bruising on his arm and he has been off since. There are just so many red flags it's difficult to ignore

I will add that I also complained to ofsted, 2 things I raised in that complaint were things that require improvement in the inspection they have had, inspection was done after I complained.
One of these being they have to make sure staff are properly trained and that training is up to date, when the bruising incident happened it was suggested that the TA was not team teach trained.
There was no incident reports from the days bruises happened but there was also no incident report when he had a meltdown before getting on the bus, was then manhandled on the bus and left on the bus floor so I do believe there is an issue around incidents being reported whether this is a whole school problem or class problem I'm unsure.

Who suggested that she isn't team teach trained @safefirst ?

@CollyWibbleWobbles one of the senior leadership team during a meeting, they blamed it on covid, but at this point there was no covid restrictions in place.
This same member of staff kept saying I'm not making excuses but! Basically she had an excuse for everything and went into defence mode it seemed, I'm not completely sure why they involved this staff member as she is head of sixth form I would have thought they would have wanted head of lower phase at meetings she never was until recently, last 2 weeks.

@CollyWibbleWobbles sorry I should have also mentioned this is also the same member of staff that spoke to the police and informed the head the police had said they cannot look at CCTV due to GDPR.
As I mentioned earlier this was not true, police informed me that was never said, they can look at any cctv if they believe a crime has taken place, school had said there cctv was not working that day.
Just sounds like the school are protecting her

You do not restrain or move a pupil unless you are trained to do so
It's a massive no no
Move your child would be my advice

@CollyWibbleWobbles this is what I thought but she was being left to deal with ds during meltdowns, she was left to deal with him when he was smashing his head on metal railings, she manhandled him up the steps of the bus during a meltdown, this should have been dealt with by someone that was trained.

I think I will speak to the school tomorrow unless they reply to my email before I get a chance to call, and suggest there needs to be another meeting and there is no way he is going down to class or around the school without me as they cannot safeguard him, I'll also speak to his coordinator.
The headteacher at the other school I have actually spoken to him before, he gives off the impression that he doesn't want me to name his school I know he already has a waiting list, and he had a bit of an issue with how far away we are, I would preferably want to look around the school before I committed to naming it on his EHCP, will they let me look around?
I could go to the chair of governors again, I don't want them to think I'm a serial complainant though.

I've been in a similar place (albeit without the physical stuff)). I've been threatened at meetings, in my home, and had threatening phone calls from "professionals" re my ASD DD.
Please record any phone conversations or face to face chats. This is legal and can be used as evidence in court.
I use Otter Voice Notes - 300 mins per month free. Also I use a phone recorder.

@itsadefiniteno I have recorded meetings because they always go back on there word and also the lies.
Does the free one you mention recorded phone calls?

@safefirst Otter doesn't record phone calls but does transcribe conversations which you can then download. I use Cube ACR for recording phone calls but different apps work on different phones so you may have to try a few.
It is really concerning how much professionals will lie to cover up safeguarding issues.

Ok - a few things here from a headteacher.

If this TA was expected to be working with your son, yes, she should be trained to restrain given the meltdowns you describe. If she's just "around", she may not be trained BUT has to make an on-the-spot assessment as to whether to go and seek help or allow your son to continue hurting himself. Unfortunately, the reality is that a bruise on the arm is better than a broken limb and she should have restrained to the best of her ability; just below the shoulders is the correct place to hold.

Secondly, I'm confused why they are not moving her. While other OPs have commented on why that might be seen as unfair, this seems to me lesser than being on a risk assessment (which is a HR document on her file).

School may obviously be unable to share everything from the investigation with you as there are HR issues here.

You ask what your next move is. As a parent, you are entitled to phone the LADO yourself and report that you are unhappy with how it has been dealt with. At the very least, you will get an external perspective on how the school has handled it; at best, further investigation with LADO involved.

While I think MN is a bit often over-the-top in encouraging people to complain to governors, that may be your next step here. That would largely depend on what LADO has to say to you; if LADO are validating the way in which the school approached it, it is reasonable to assume that governors would seek advice from LADO.

I posted on your thread in SEN, but wanted to respond to these two points on this thread.

Secondly it is a sen school it's not easy to get a space in a school they are like gold dust, just because I name another school on his EHCP doesn't mean a space in that school will miraculously appear unfortunately

Unless the school is wholly independent if it is named in the EHCP they must admit. If they don’t they can be directed to admit.

The headteacher at the other school I have actually spoken to him before, he gives off the impression that he doesn't want me to name his school I know he already has a waiting list, and he had a bit of an issue with how far away we are, I would preferably want to look around the school before I committed to naming it on his EHCP, will they let me look around?

I don’t know whether the school will let you visit, only they can answer that, but with an EHCP there aren’t waiting lists like there are in mainstream schools for pupils without EHCPs. Unless the school is wholly independent the LA must name your preference unless they can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.

Being full is not defined in law, and on its own being ‘full’ is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DS is incompatible. There is a point where they can prove this but the bar is high, higher than many realise and more than an “adverse effect”, “impact on” or “prejudicial to”. Unless the school is wholly independent the LA can, and must, name the school regardless of the school’s objections unless the LA can prove one of the reasons above. If the LA do refuse to name your preference you can appeal.

The maximum recommended travel time for primary is 45 minutes but many pupils do travel further.

Camera on your son I wouldn't trust her evil cow

@Magnanimouse thank you for your perspective.
I did not know the RA would be on her work record, I'm confused as to why they won't move her too, as you've probably seen they say she will claim discrimination and could take court action, as per pp stated maybe this is something she has threatened when she was politely asked to move.
My frustration is that for some reason the SLT don't seem to be able to get through to her, so she's either extremely disrespectful to the headteacher, SLT and my son, or just plain arrogant and goads him in the thought that there are no consequences.
I emailed LADO on both occasions and they replied saying that there is no evidence so does not meet threshold, on the second occasion they added school have been advised to talk to TA and put a risk assessment in place.
Was what she done last week not a safeguarding concern as well?
I am happy to complain to governors again but I feel I am going to get back we have looked into this TA no evidence etc

@Thatsnotmycar thank you that's really informative.
If I put in my address to next closest school I get 45 minutes the head at that school says he gets 49 minutes.
Prior to covid he seemed keen to take my son, I spoke to him he said he had 10 spaces for that particular September, then I spoke to him earlier this year and I could hear the reluctance he then asked me if my sons current headteacher knew I was calling round other sen schools and thinking of removing ds, which she did, I'm guessing he probably knows her to some degree

Screenshot your map which says 45 minutes.

@Thatsnotmycar just to add when I spoke to LA they said to me yes we can do early annual review and name a new school however it will probably end up with us going down the tribunal road again.
Now the reason I'm confused is, I know I must keep ds on roll at present school, current school really can't meet his safeguarding or emotional needs whilst there is any likelihood that he will bump into TA, I was told if I keep him on roll I have more clout getting him into another school, so do I only have more clout if school say can't meet needs or also if we call early annual review and name another school.

@itsadefiniteno good idea, in actual fact he is probably mapping to somewhere near my address and it's coming up 49 mins from my actual address it's 45mins, I'm guessing it also matters what time of day he's doing it as I believe Google maps factors in traffic etc

45 v 49 minutes is largely irrelevant. I would roll my eyes and ignore. If you want DS to move schools ask for an early review and pursue the move that way. You may end up at Tribunal but letting the current situation continue when the relationship has broken down won’t work, IMO.

Don’t deregister, if you EHE you relieve the LA of their duties. But that doesn’t mean DS has to attend if he can’t, and the LA will be required to provide alternative education and anything specified and quantified in F - in fact they should have already provided this if he hasn’t attended full time for months. You will need an early review even if the school say they can’t meet DC’s needs. Normally it helps if the current school say they can’t meet DC’s needs, but it isn’t essential and you shouldn’t let it put you off if they don’t.

@Thatsnotmycar exactly it's 4 minutes, the bus he was getting to school even though it's only 20 mins away was taking 1 hr15mins so yes it seem irrelevant.
So all that we have had regarding ds's education is work packs from school most of which is stuff that is too advanced for him the last one was adding and put in the missing letter well my ds is far from being able to do this we are working on the alphabet and he has just learnt to put numbers in order 1-10.
I have basically been home schooling him, however things like the sensory OT who is stated in section F has not happened, is this the responsibility of the LA? He has missed so much of his education but I think maybe the best thing is a fresh start for all of us which is such a shame because we fought hard for this space and other staff seem lovely, I have been going down to class with him and he is so happy once he's in there with the familiar adults and his peers who are lovely, he will be having a lovely time but as soon as he sees TA he's put in a crisis situation it's just not fair for him to be put at risk of that happening, seeing him so happy in class is the only thing that has stopped me moving his school.

@Magnanimouse I've just had a look at my LA's LADO web page and there is no number, so is it best to put everything in an email and forward it or should I email and ask for a call?
I know school have a number for the LADO duty desk but I'm guessing they are unlikely to hand that over to me.

If you wanted to you could challenge the 1hr15 journey. Given the maximum recommended travel time for primary and the fact the journey could be shorter the LA should provide transport that doesn’t take so long.

Work sent home from school isn’t an acceptable substitute for the LA providing alternative provision. They should also be providing OT if it’s specified and quantified in F. Email the Director of Children’s Services informing them of the situation and requesting provision. If that doesn’t work threaten Judicial Review. The threat usually works but if it doesn’t contact SOSSEN for help with a pre-action letter.

Unusual that the number isn't available, as anyone can refer to them. Try downloading your school's safeguarding policy (or other schools in the LA, it might well be in there).

Either way, the call/email would probably be triaged by admin staff first, so just request a call regarding "an incident at x school with my child".

@Thatsnotmycar yes it is specified in section F.
I will speak to his coordinator tomorrow first and see what she says if not I will do as you say.