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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Formal School Complaint - AIBU

281 replies

Schoolproblemsagain · 06/06/2025 20:58

NC

Yesterday, I finally submitted a formal
complaint to my DS secondary school.

It has been a long time coming, but I’m having a major panic that I’ve done the wrong thing and they will treat my younger DS differently.

AIBU to have complained?

I won’t go into all the background details as it’s too long, but the catalyst for finally raising a formal is as follows:

DS Year 11, in the midst of his GCSE’s, has an EHCP and a Pupil Profile. ASD Diagnosis.

School phoned me and said:

At lunchtime, two boys were throwing food at him, he told them to fuck off, he was asked to leave the lunch hall, he refused. He explained to the teacher that he would not leave as he hadn’t done anything wrong and food was being thrown at him. This then escalated to three teachers within his space, who were asking him to leave. He was still refusing. He has been suspended for disruption and is not allowed to return to school unless to sit an exam.

The two boys, who were throwing food and their entourage, who were laughing, have received no punishment.

His EHCP and Pupil Profile states that he will not manage public confrontation with strategies on how to manage such events.

AIBU to have raised a complaint on the grounds that his EHCP and Pupil Profile were not followed, that he has been punished when the other students have not and that he is now missing vital support sessions during his GCSE’s?

OP posts:
HMart1n · 07/06/2025 08:12

ThatGentleTiger · 07/06/2025 08:09

Who has said the food throwing went unpunished?? Schools will not share details of other students with anyone other than their parents so unless they happen to post on here we have no idea about what sanctions were applied to them.

The OP has said and actually it’s neither here nor there suspension is massively out of order for all the reasons mentioned and going to impact his future as he can’t attend vital support lessons which he is entitled to with his EHCP.

Adviceplease2022 · 07/06/2025 08:12

ThatGentleTiger · 07/06/2025 08:09

Who has said the food throwing went unpunished?? Schools will not share details of other students with anyone other than their parents so unless they happen to post on here we have no idea about what sanctions were applied to them.

The OP knows for a fact that the other pupils are still allowed in school during study leave. This is very important in the context of illegal treatment under the Equalities Act.

Punishment for the bullying/food throwing is irrelevant and I agree that OP has no right to know about this.

Badbadbunny · 07/06/2025 08:15

Gattopardo · 06/06/2025 21:34

Your son did nothing wrong. It’s not wrong to defend yourself against bullying behaviour.

I’d be very clear that you feel he is being treated less favourably because of his disability and you will have no hesitation to appeal to the SEND tribunal on grounds of alleged disability discrimination if they don’t have a rethink, that will get the cogs moving.

I agree. It’s standard lazy advice by schools and teachers that bullying victims need to stand up for themselves and “fight” back. OP’s son has fought back as best he can and is being punished for it. Typical school/teacher lazy victim blaming!

ThatGentleTiger · 07/06/2025 08:23

Adviceplease2022 · 07/06/2025 08:11

Actually I believe the law on suspensions is still entirely relevant here even though the school aren’t calling it a suspension. The DfE suspension and Permanent Exclusion Guidance (2023) is clear that informal exclusions or “sending pupils home” are unlawful.

Other Year 11s are still allowed in school. So there is a discrepancy in the treatment. The OPs child has been sent home because of defiant behaviour caused by his SEN.

It therefore falls under Section 15 (less favourable treatment) and Section 19 (indirect discrimination) of the Equalities Act. It is illegal.

Whether the OP can be bothered to argue with the school at this late stage in the game is another matter. Personally I would because I believe school leaders should be aware of, and follow the law. However, I do agree that the benefits of pursuing it for the OPs son are likely negligible at this point in time given there are only a couple of weeks left.

Absolute nonsense. Year 11s have reached the end of their legally required attendance to school by the time of the first week of GCSE exams. Schools can direct students however they see fit from this point onwards.

Are you suggesting that all the schools that give their students study leave are suspending them all??? Of course they aren't.

ThatGentleTiger · 07/06/2025 08:25

Adviceplease2022 · 07/06/2025 08:12

The OP knows for a fact that the other pupils are still allowed in school during study leave. This is very important in the context of illegal treatment under the Equalities Act.

Punishment for the bullying/food throwing is irrelevant and I agree that OP has no right to know about this.

Again nonsense. Just because they are still in school doesn't mean they haven't been sanctioned. Food throwing is at a significantly lower level than defiance to multiple members of staff so clearly the sanctions applied will be different.

Badbadbunny · 07/06/2025 08:30

ThatGentleTiger · 07/06/2025 08:25

Again nonsense. Just because they are still in school doesn't mean they haven't been sanctioned. Food throwing is at a significantly lower level than defiance to multiple members of staff so clearly the sanctions applied will be different.

“Multiple” members of staff only because the first didn’t deal with the initial event properly and escalated it rather than de escalating it!

Adviceplease2022 · 07/06/2025 08:32

ThatGentleTiger · 07/06/2025 08:23

Absolute nonsense. Year 11s have reached the end of their legally required attendance to school by the time of the first week of GCSE exams. Schools can direct students however they see fit from this point onwards.

Are you suggesting that all the schools that give their students study leave are suspending them all??? Of course they aren't.

You’re missing the point completely.

The issue is that just one child has been asked not to attend. This is discrimination.

If all Year 11s were told not to attend then this is totally fine and I agree with you.

Adviceplease2022 · 07/06/2025 08:33

ThatGentleTiger · 07/06/2025 08:25

Again nonsense. Just because they are still in school doesn't mean they haven't been sanctioned. Food throwing is at a significantly lower level than defiance to multiple members of staff so clearly the sanctions applied will be different.

You are totally missing the point.

Please justify why it’s ok to ask one SEN child not to attend school during study leave (when there are study support sessions being put on) but everyone else is allowed to attend?

HMart1n · 07/06/2025 08:40

ThatGentleTiger · 07/06/2025 08:25

Again nonsense. Just because they are still in school doesn't mean they haven't been sanctioned. Food throwing is at a significantly lower level than defiance to multiple members of staff so clearly the sanctions applied will be different.

Wow so standing up for yourself when you’ve got a disability, have been physically assaulted and are going to lose your lunch is worse than the physical bullying and assault itself!!!

Badbadbunny · 07/06/2025 08:41

HMart1n · 07/06/2025 08:40

Wow so standing up for yourself when you’ve got a disability, have been physically assaulted and are going to lose your lunch is worse than the physical bullying and assault itself!!!

Yup, lazy victim blaming which is typical of schools and why bullying remains such a huge problem, especially for SEN children.

TheignT · 07/06/2025 08:43

Darkgreendarkbark · 06/06/2025 21:03

They surely can't be having pupils telling others to "fuck off". What do you expect the school to do? Take everything else out of it, they can't show other pupils that it's ok to tell each other to fuck off (if you have the right paperwork).

But it's ok to throw food? You can't think it's ok for the other kids to have no sanctions.

discocherry · 07/06/2025 08:45

So I appreciate I teach primary instead of secondary but this seems like such a categorically clear case of mishandling a situation that I can't believe any posters are disagreeing.

I haven’t seen OP saying anywhere that she expected her child to get no consequence at all but in what world is it acceptable for the instigators who (we assume from what OP has said) are not vulnerable to be punished less severely? I just don’t get it. This isn’t how it would be handled in my school at all - I understand the kids are younger but the actual ethics (probs wrong word - just woke up) of it stay the same.

Adviceplease2022 · 07/06/2025 08:46

TheignT · 07/06/2025 08:43

But it's ok to throw food? You can't think it's ok for the other kids to have no sanctions.

Interesting that it’s all the teachers that seem to think “defiance” against school teachers is much worse than physically bullying an autistic kid

discocherry · 07/06/2025 08:47

If this happened in my classroom, for example, I actually don’t think I’d even mention the swearing. I would be so cross with the children throwing and I’d just pass them onto SLT for consequences. I genuinely don’t think I would even attempt to remove the child with ASD unless it was offering for them to move to a quiet space. Sounds like a lot of posters would disagree with this.

Adviceplease2022 · 07/06/2025 08:48

TheignT · 07/06/2025 08:43

But it's ok to throw food? You can't think it's ok for the other kids to have no sanctions.

Apparently it’s also absolutely fine for those kids to still attend school for study leave but totally fair and legal for the OPs child to be told not to attend

TheignT · 07/06/2025 08:48

Adviceplease2022 · 07/06/2025 08:46

Interesting that it’s all the teachers that seem to think “defiance” against school teachers is much worse than physically bullying an autistic kid

Shocking isn't it. Surely it must be illegal to treat him so unfairly given his diagnosis and EHCP.

Adviceplease2022 · 07/06/2025 08:49

discocherry · 07/06/2025 08:47

If this happened in my classroom, for example, I actually don’t think I’d even mention the swearing. I would be so cross with the children throwing and I’d just pass them onto SLT for consequences. I genuinely don’t think I would even attempt to remove the child with ASD unless it was offering for them to move to a quiet space. Sounds like a lot of posters would disagree with this.

You’re clearly an awesome teacher. Thank you for the job you do for our vulnerable kids

Adviceplease2022 · 07/06/2025 08:49

It is illegal

TheignT · 07/06/2025 08:51

Adviceplease2022 · 07/06/2025 08:49

It is illegal

Good. I hope the school are given appropriate advice and act on it or they face the consequences.

discocherry · 07/06/2025 08:53

Adviceplease2022 · 07/06/2025 08:49

You’re clearly an awesome teacher. Thank you for the job you do for our vulnerable kids

Thank you! Thats such a kind thing to say.

Badbadbunny · 07/06/2025 08:53

Adviceplease2022 · 07/06/2025 08:46

Interesting that it’s all the teachers that seem to think “defiance” against school teachers is much worse than physically bullying an autistic kid

Nail on the head and helps explain why bullying is still probably the main problem in schools. Teachers don’t take it seriously.

HMart1n · 07/06/2025 09:05

discocherry · 07/06/2025 08:47

If this happened in my classroom, for example, I actually don’t think I’d even mention the swearing. I would be so cross with the children throwing and I’d just pass them onto SLT for consequences. I genuinely don’t think I would even attempt to remove the child with ASD unless it was offering for them to move to a quiet space. Sounds like a lot of posters would disagree with this.

This would be our approach too.

1SillySossij · 07/06/2025 09:06

TheignT · 07/06/2025 08:48

Shocking isn't it. Surely it must be illegal to treat him so unfairly given his diagnosis and EHCP.

But the school hasn't said that. You are not party to how those students have been handled. A school, in fact any organisation cannot run safely and effectively if students defy those in charge.

HMart1n · 07/06/2025 09:06

Badbadbunny · 07/06/2025 08:53

Nail on the head and helps explain why bullying is still probably the main problem in schools. Teachers don’t take it seriously.

And why bullying stats for autistic children are so high.

Adviceplease2022 · 07/06/2025 09:10

1SillySossij · 07/06/2025 09:06

But the school hasn't said that. You are not party to how those students have been handled. A school, in fact any organisation cannot run safely and effectively if students defy those in charge.

The school has said that. They’ve told the autistic child he is not allowed in school for study leave. The two bullies are allowed in school for study leave

You are ignoring the fact that punishments cannot be meted out for behaviour caused by unmet SEN needs. This is simply a fact of law in the UK.

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