School not letting my child from the school

[Kutika]

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?

I’m sure people are hard of reading, the OP husband WILL be at home.

Why? Can't a 14 year old look after an almost 10 year old?

The OP has explained that her daughter would be going home, not god knows where, and that hr husband works from home
No she has said her husband leaves work around that time but sometimes has meetings. She has not said he wfh.

while I agree the holiday thing is bollocks if it’s a legitimate holiday with parents pr guardians, I don’t see how that means they should let them walk home? At what age is it ok? Like if a parent said their kid could walk home at age 4 would that be ok or should the school overrule? I would never let my kid walk home in y5 or even 6, so for me I think it’s madness that schools do. You think it’s fine. Everyone has a different opinion. So what if someone said a y3 or 4 or 2 or 1 could walk home because they were ok with it? Surely the school is allowed to make the decision otherwise they shouldn’t be allowed to dictate that any years - Even younger years- shouldn’t walk home alone.

also I think it’s crazy to let a 10 yr old out by themselves. So what there’s cctv? You get to see your kid be kidnapped then, great. Doesn’t stop it. Fully grown women are not safe in this world so how does a 10 yr old stand a chance? just leave your desk if you’re working from home if it’s only 300 yards or whatever

Although I understand your issues I will comment on a school point of you and go against the grain.
as a teacher we have a policy that year 6 can walk home with the parents written consent. Year five can walk home from the Easter of year five again with consent. We as a school have issues when we allow younger children to walk home. As soon as one child in the class does it other children in the class then pester parents and is us teachers to do the same. The issue is the year group ranging in age from the youngest till the older ones and all children are so different and live different distances. We have this rule and the parents appreciate it too as all are treated the same.
we have lots of parents who collect other children ( with consent ) and drop them on route.
as your such a short distance surely another mum / dad could walk them past yours. ?

I wouldn’t challenge the school as the school have so many issues and although I understand your concerns it will all be sorted in a few months

Nope, read again

One last time. The school doesn’t ever get to decide. They can refer to social services and police if they feel a parent’s decision is neglectful or dangerous.

For my own sanity I’m now going to step away from this thread.

Cardi a school could detain either in this situation. But they can't do it and keep them in ASC and charge the parents.

They MUST contact MASH team and/or police who are the ones who have the power to detain. Schools officially don't - just the power to raise a safeguarding concern.

And a school would stop a 4yo leaving alone physically if needed - different policy but you have legal mowers to use restrictive physical intervention where it is reasonable, proportionate and necessary.

A 10yo walking 300m to their house wouldn't meet the threshold for detaining physically - not likely for SS or police to agree it's safeguarding purely on the information we have here.

Under 8 would be a different matter.

Read what I linked to and what taw said to read too.

Doesn't matter any of our opinions - the OP is right in what she's saying.

Presumably because it’s kidnap and unlawful detention of a minor?

Common law gives everyone (not just teachers) the defence to a charge of assault that their reasonable use of force was to prevent imminent harm to themselves or another. Preventing a four year old from wandering into the street would generally meet that criterion. A 9 year old, on the other hand would not be at risk of imminent harm by walking home unless there was something else going on.

Teachers may be prevented by school policy from using reasonable force in circumstances where it is legal. But policy cannot give them the right to use force where it is illegal.

That's strange, is the area around school unsafe? DD's school allow children to walk home alone from year 5 but it's quite safe here.

can one of the older children get them to walk home with?

Even if they're hard of reading or not, husband being at home is a red herring.

The school are acting illegally in detaining a child. Schools are only legally allowed to hold a child after school if instructed to by children's services or the police.

That’s the usual rule for reception through to the end of year 4. My eldest started primary school 22 years ago so I’ve 2 years less experience than you. Eldest was allowed to leave school on their own from year 5 (with parental permission) but usually actually met up with me and youngest who didn’t walk home on own until secondary school due to special needs.

One if my jobs is to keep the register of who can and can’t leave school on their own. Currently all but 5 of our Y6 children leave on their own (some meet their adults on the way though) and about half a dozen of our Y5 children have brought in parental permission to leave alone. This number generally increases over the year.

Nope Schools policy must be Adult

@Walkden But people don't have a free choice over where to send their kids to school. And if OP did send her child to a different school that would presumably be a lot further away.

Try sending the link to the school I attached above.

Very hard for them to argue when you send them the actual information they are refusing to follow - and ask them why they are disregarding it!

So why can't he go and get her? Even if you continue your debate, it sucks for your kid to he left because no one will get her because they seemingly CBA

I have saved the link. thank you

"Try sending the link to the school I attached above"
😆
Because you have a better understanding of the law than their DSL. FFS get a grip.

No doubt this outrageous case of child kidnapping in flagrant disregard of the law will soon be plastered over the local papers....

This is utterly ridiculous of the school and I too would fight this. My child is Y5 (10 next July) and walks on their own. It’s possibly about 300m, I’m not good on distance! And involves crossing one small road.

Tbh OP, whilst your dc at 9/10 you might consider to be mature enough to do the short journey, there will be others of the same age who aren’t. The only way the school can put a rule in place to cover all pupils in that year, is to assess each child individually as to whether it is okay to allow them to walk home alone, which would result in more work for teaching staff. Allowing all pupils in that year to walk home alone would be setting a dangerous precedent, as if something happens to a pupil who isn’t as mature, parents would be going ape, placing the blame and responsibility on the school no doubt, as is the norm these days. Seems schools are put in an impossible situation with petty demands from parents.

So what happens at the end of after school club? They allow her to walk home?

It will be nice, will it? And it will look like DeJavu for you LOL

There is "always someone at home" around "300 yards away" and no one can find a few spare minutes to just walk to collect her? Really?

It's very clear that no one will be home for some of the time, so I suspect this is school's concern.