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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To want to take legal action

58 replies

Dawndonna · 11/01/2013 18:01

against the half wit examinations inspector that decided, against the school's advice to not only wander into the room where my son was taking his A level, but to try to engage him in conversation in the middle of said exam. Half wit had been informed that ds has Asperger's syndrome and doesn't cope well with disruption and surprises. Ds has worked bloody hard for this exam knowing he needs an A to get into his chosen uni.
I am fucking furious. The email fired off to JCQ is extremely polite and extraordinarily clear regarding my requirements. Apology, letter to the relevant exam board etc.

OP posts:

Booyhoo · 11/01/2013 18:04

how about asking for him to resit the exam due to being sabotaged by the inspector before taking legal action?

Original poster

Dawndonna · 11/01/2013 18:07

Alternatively, asking for re-sit and still taking action. Apparently the school staff were stood outside the door saying please don't go in, he has AS, he can't cope. The arrogant twat stated that he could go where he chose. Good job he wasn't still there when ds got home, I'd have gone to the school and ripped his balls off.
Angry, moi?

OP posts:

Original poster

Dawndonna · 11/01/2013 18:07

Oh, db is a barrister. I will be taking legal action.

OP posts:

Booyhoo · 11/01/2013 18:10

to what end?

MissyMooandherBeaverofSteel · 11/01/2013 18:11

What will legal action achieve?

I understand your are pissed off, I would be too, but surely your energies are best placed to get him to resit the exam and putting a complaint in about the inspector.

JamieandtheMagicTorch · 11/01/2013 18:12

Oh God, i'd be so furious too.

Some inspectors have no social skills.

TheFallenNinja · 11/01/2013 18:13

What "crime" has been committed?

queenofthepirates · 11/01/2013 18:13

Angry? Quite rightly but choose your battles carefully and calm down before you make any decisions.

marquesas · 11/01/2013 18:14

What kind of exam inspector goes around talking to the people whilst they're doing the exam. I've never heard of such madness, definitely worth speaking to the exam board although I don't see what kind of legal action would be appropriate.

FellatioNels0n · 11/01/2013 18:17

Is it normal for inspectors to walk into an examination room and engage students in conversation mid-exam? How very strange.Was it a practical? Not a written, timed exam taken in silence - surely?

5madthings · 11/01/2013 18:17

Oh offs WHAT was the idiot doing? Why would he try and talk to anyone having an exam?!

So the school staff explained your sons sn's and why he could NOT be disturbed and the ofsted inspector just ignored that?!!

Arghh how stupid are some people.

In hope he gets the grade he needs if he doesn't is borderline etc use this as reason to appesl it would be awful for him to go through the stress of a resit.

LessMissAbs · 11/01/2013 18:18

But how can you prove loss? Or would it be breach of public duty (notoriously difficult to claim?). Would the de minimus rule not apply? Would you not be better to teach your DS to deal with the adversities life can throw in the best way possible, because you and your DB are presumably not going to be there every time something happens to take legal action for him?

How long did the inspector speak to him for, and what about? Was he carrying out his usual duties and was there a clear exemption on clear grounds for your son?

5madthings · 11/01/2013 18:18

Oh examinations inspector not ofsted inspector, misread.

5madthings · 11/01/2013 18:20

What have the school said dawn

Pandemoniaa · 11/01/2013 18:20

Clearly your dh is the expert here, OP. But beyond making a complaint, would it not be a tad premature to take legal action now? Surely you need to know the results of the exam first?

CloudsAndTrees · 11/01/2013 18:22

YANBU! What a selfish pillock that man was!

I expect you will have a very good case to appeal to the exam board for a re sit, but even if you got one it's not exactly a satisfactory outcome. Your poor ds!

The NAS has good advice about students with ASD and exam conditions that might be able to support your case. Hopefully if the school knew how wrong it could go they will support your case as well and let you have the guys name. Do exam invigilators have some kind of professional body you could get advice about a complaint from?

frogspoon · 11/01/2013 18:24

How strange for an examinations officer (whose job is surely to ensure exams are conducted fairly and correctly e.g. by preventing communication during an exam) to go in to an exam and disrupt it by communicating with a student. Are you sure that you have got the full story, and it wasn't someone else e.g. an inexperienced invigilator who disrupted the exam?

How did your ds cope with the disruption? How big an impact do you think it may have had on his exam?

CloudsAndTrees · 11/01/2013 18:25

Would you not be better to teach your DS to deal with the adversities life can throw in the best way possible

I know you meant this as a helpful comment, but it doesn't work like that. Someone with Aspergers can no more be taught to be fine about their concentration being disrupted during an exam than you can be taught not to feel pain if I stabbed you in the face.

Original poster

Dawndonna · 11/01/2013 18:28

The school are furious and are being supportive. There is nothing they can do, the JCQ are allowed to do this.

With regard to legal action, I can ensure that disabled students are discounted for this under various equalities acts. I am still fucking seething, and may have calmed by the time the jcq opens again on Monday. I want him disciplined. I want to make sure this doesn't happen to my son again, I want to make sure it doesn't happen to another poor kid.

OP posts:

Original poster

Dawndonna · 11/01/2013 18:30

LessMis
Did you miss the bit where it says my son has Asperger Syndrome?

OP posts:

5madthings · 11/01/2013 18:41

What clouds just said, its not a case of the op's ds needing to learn to cope the bloody examiner shouldn't have been such a fool.

5madthings · 11/01/2013 18:43

dawn I am glad the school are being supportive, that is one less battle!

And I agree wholeheartedly with your post, he should be disciplined and it should not be allowed to happen again.

Primafacie · 11/01/2013 18:55

Unless your son gets less than his expected grade, how will you prove loss? Or do you intend to claim for loss of a chance? If so good luck, I'm sure the Supreme Court will want to reopen this debate.

I agree with others a resit is by far the most practical solution.

Arf at "my husband is a barrister" - I'm a litigator but would rather chew my own arm off than get involved in litigation for myself or relatives :o

Primafacie · 11/01/2013 18:56

*db, not husband

Original poster

Dawndonna · 11/01/2013 18:58

Gosh, thank you for your helpful and pleasant comments Prima
I'm upset and distressed, as is my son. I'm sounding off, as is fairly obvious. I may calm down by Monday, I may not. I will however do my best to ensure that this doesn't happen to my son again, or to another child.
So pleased to have given you a Friday evening giggle.

OP posts:

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