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AIBU?

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Original poster

School damaged bike

167 replies

BertyFlanter · 31/01/2020 16:46

I'm braving AIBU because I really don't think I am but willing to be told different. I'll try to keep it as brief as possible but 😬

So my son has started cycling to school, year 7. He got a new bike for Christmas that is his pride and joy and he looks after it.
He parks it in the bike shed at school all locked up. Apparently there is an issue with some kids just dumping their bikes and making it hard for everyone to park. So the deputy head has decided to make his point by stacking all the excess bikes on top of the properly parked ones to inconvenience the students. As a result my sons saddle has a slice right through it which is going to cost £60 to replace!

I called the school to discuss with said teacher, who admitted to me that he had done that but that if he paid for the repair it would set a precedent and he'd have to pay for all repairs. I pointed out it would only be the ones he was directly responsible for. After some back and forth that apparently no cctv covers the area to prove it was ok when locked away (there is cctv at my end to prove it was perfect setting off) he then decided he must have fallen off his bike and is just coincidentally blaming him. I suggested someone other than him (conflict of interest) investigate further and maybe ask the six kids who were with him all the way to school and check the cctv just in case. He came back an hour later having had one chat with my son for a minute and said it was more likely than not the bike had been damaged by him but that he still would not pay for the repair.
I now have to go to the chair of governors to make a formal complaint, but "he already knows" it won't do me any good.

AIBU to take this further? For clarity my calls are recorded (work phone) so I have all this available as proof, along with the separate call from the business manager who was adamant the staff never stack bikes for this reason, before she knew I'd had the chat with the deputy head.

TLDR: AIBU to expect the school to pay for damage as a result of their negligence?

OP posts:
Original poster
BertyFlanter · 31/01/2020 18:27

@Oulu I hope so, I'd really prefer this was dealt with quickly and quietly but he had other ideas.

If someone made a complaint about me at work, I wouldn't be able to deal with it. I certainly wouldn't be able to investigate myself then ring the complainant and say, yeah my boss agrees with me, so nothing else to do here! And that's without taking into account that he'd been expecting the call and had already made his decision before speaking to me or seeing the damage.

I popped into school on my way out this morning, reception said I'll get him now. Then came back with oh he teaches on a Friday morning I forgot. Ok then he'll call me at the end of the lesson then yeah? Lesson is 9:45-10:45 and yet he called me at 10:15. Lots of little things that to me add up to arse covering!

OP posts:
Pumpkinpie1 · 31/01/2020 18:28

It sounds like the school hasn’t conducted a fair investigation, and that the staff member was reckless in the way the bikes were stacked causing damage.
I think you are justified writing to the head and cc it to the chair of governors. The school is liable because their negligence caused the damage

AllTheUserNamesAreTaken · 31/01/2020 18:31

You might want to tell the school what he has done could potentially be considered criminal damage as he was reckless. Sounds like he was unable to control his frustration

The school/the teacher should certainly pay.

AdobeWanKenobi · 31/01/2020 18:33

Don't get bogged down with the cost of the replacement. Fit should be replaced like for like and if it's £60 to replace it then so be it.
It's not his fault and he shouldn't have to have a cheaper saddle because the teacher is a tit.

reginafelangee · 31/01/2020 18:33

YANBU

In this case I would complain and take it further.

AdobeWanKenobi · 31/01/2020 18:34

Meanwhile, get a roll of electrical tape from Poundland or the like to seal the split so his bum doesn't get wet.

ItsGoingTibiaK · 31/01/2020 18:35

He came back an hour later having had one chat with my son for a minute and said it was more likely than not the bike had been damaged by him but that he still would not pay for the repair.

And did you get this bit on your recording? The civil courts require that a claim is proved "on the balance of probabilities" - if this is exactly what he said then you've pretty much got a slam-dunk case. Though I don't know the ins and outs of admitting phone recordings as evidence.

I would be tempted to point out to the chair of governors that the teacher has already effectively admitted guilt based on the civil burden of proof, that you have proof of this, and that it is very, very likely that a court would find in your favour. Small claims require that both parties do all they can to resolve matters before the matter goes to court and I doubt any judge would be very happy about a case like this appearing before them.

aroundtheworldyet · 31/01/2020 18:41

That’s totally mad what he did. Completely batshit
But aside from complaining I can’t see what else you can do.

Original poster
BertyFlanter · 31/01/2020 18:42

I did get that bit, I got it all! He said it was very probable that the damage was caused by the bikes on top.

My thoughts on the letter of complaint is to send a transcript of the conversation with it. I can't disclose the conversation to anyone which is a shame because the tone and attitude in his voice adds massively to why I'm so pissed off. But the words themselves are damning without doubt. The letter would be epically long without it!

I also want to now add a complaint about how he has handled my complaint but since I'd never know an outcome of that, I think CoG seeing the conversation in it's entirety would have the same effect anyway. Two birds with one stone.

OP posts:
CremantorLimoux · 31/01/2020 18:51

why do you need to replace it? duck tape

CremantorLimoux · 31/01/2020 18:52

they will have a sign or policy saying left at own risk

have you got another school lined up?

Original poster
BertyFlanter · 31/01/2020 18:54

Is that you DepH?

OP posts:
Original poster
BertyFlanter · 31/01/2020 18:59

At your own risk doesn't mean free reign to vandalise people's property. If My car gets broken into on the supermarket car park, and the culprits were right there the police would arrest them. Not say well you parked here at your own risk, suck it up 🙄 imagine if a sign could mean fill your boots, do what you want. Asda would be like the purge. A sign doesn't negate his responsibility.

OP posts:
coconuttelegraph · 31/01/2020 19:07

I'd just let it go. I don't think I could be arsed to go through all this time and effort for £60

I guess that's ok if money isn't an issue for you but even in that case i would not be happy to pay for the idiocy of someone else, why should the OP have to pay anything at all?

I agree with putting it in writing now to HT and following the complaints procedure

ItsGoingTibiaK · 31/01/2020 19:08

All sounds like a good plan, Berty. I’d also check to see if your school has a published policy about damage to property caused by pupils. I’ve seen quite a few while Googling that specifically say parents will be billed and, if necessary taken to court etc. If your school has one, it wouldn’t hurt to throw it back at the school.

While court is always an option, your plan should always be to make it clear to the other party that (a) you’re serious about it and (b) what a spectacularly bad idea it would be for them to force you into it.

In this case, they (or the LEA) will easily spend more than £60 in terms of staff costs just doing the basics of looking at it. Anyone with an ounce of strategic thinking would see that (but again, it never hurts to point it out). Even if they pay you Without Prejudice, you still get what you want - and can pursue your separate complaint about the way it was handled anyway, as that’s not something that’s ever going to see a courtroom.

Theholidayarmadillo4 · 31/01/2020 19:10

Only sets a precedent if he plans to make a habit of doing things that cause damage to student property. Ridiculous man.

Elieza · 31/01/2020 19:11

That teacher is barking mad.

You need legal advice. Any lawyers on here???

His negligence has caused damage. However it was someone else who carried out the instruction so I don’t know which of them to blame. Deco should be covered under the schools third party liability insurance. It’s a legality that the valid certificate must be displayed in offices so presumably also in schools. You could approach them?

I’d also be concerned that this is a health and safety issue for the children involved as they could try and lift their bikes down and hurt themselves.

Who oversees the actions of teachers? There must be a professional body the way there is with nurses? Could they consider his actions unreasonable and give him a warning?

Could you contact the police as he has damaged your property. (Them turning up at the school would be an eye opener)?

What would happen if your son put his bike on top of said teachers car roof and damaged it? You can be damn sure it wouldn’t be ignored! The dudes an arse.

He may not want to start a precedent but it’s a bit late for that as the damage has been done.

Muddledupme · 31/01/2020 19:13

Saddle aside I think stacking bikes is dangerous. Imagine if some child rode home with a missing brake or loose saddle. It's not just fool hardy but potentially lethal and I doubt the school has insurance for that.

SalmonFajitas · 31/01/2020 19:14

I usually say you take the bike at your own risk but since the bike was clearly damaged by this member of staff's (ridiculous) actions you do actually have a point. I can see why he'd move badly parked bikes but why on earth he'd put them onto the properly parked ones I have no idea! He also doesn't sound very apologetic about it which is more annoying.

FlaviaAlbiaWantsLangClegBack · 31/01/2020 19:19

Don't replace the saddle from Halfords, they're getting the arm in but it's completely unnecessary to spend that much. Have a look at wiggle here for a better idea of replacement cost httpss://www.wiggle.co.uk/saddles/?ris=1&o=2 you'll get a better one for far less

SalmonFajitas · 31/01/2020 19:24

I think the precedent thing is also ridiculous, imagine if DS had negligently scratched the teacher's car and you said you wouldn't pay because it would set a precedent that you have to pay for all the other damage your DS causes.

Original poster
BertyFlanter · 31/01/2020 19:24

Thanks for the link and to the poster who shared that earlier on. What's the price range for a comfy seat? I can see the same shape, but I don't want to say oh I can get one for 15 quid if it arrives and is rubbish. I am more than happy to only spend what's necessary, cos I'm not unreasonable you see 😉😄

OP posts:
jessycake · 31/01/2020 19:28

I really wonder about the standard of head teachers now , surely stacking the bikes on top of other bikes could cause even more problems with the gears or even the brakes if the kids drag them off the top of the others ,or even injure themselves or other children . I would also be concerned that he had a private word with your son in that manor

aroundtheworldyet · 31/01/2020 19:30

Was anyone else’s bike damaged?

Hingeandbracket · 31/01/2020 19:33

YABU to send your child to school with a fancy £60 bike saddle, it's absolutely not that expensive for a bog standard one

^this

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