School insisting pupils returning from category 2 country self-isolate even with no symptoms

[MrsBungle]

Our primary school is part of a multi academy Trust. On Friday parents received a letter stating that the Trust is going to “exceed” the guidance issued by the DfE for educational settings and insist that all staff and pupils returning from a category 2 country self-isolate for 14 days even if they have NO symptoms.

I’m wondering if it is lawful to withhold education from the returning pupils (bar some work given by e mail) because they’ve been on holiday but have returned with no symptoms.

It is not my children affected but I am a school governor and I want to try to ensure we are not disadvantaging returning children unnecessarily. I have e mailed the CEO of the Trust (who sent the letter) but as it’s the weekend I don’t expect a response till Monday.

I wondered if anyone knowledgeable know if this is lawful? I wondered if it might count as a temporary exclusion which I believe can only be for behavioural reasons?

well done, let's hope all other schools follow. Whoever that head is they need a medal.

@Devlesko I completely agree. Proactive not reactive is all we have to dampen this down to manageable levels for the NHS.

But surely the point of the 14 days is because of incubation periods and to ensure nothing does develop in that time.

I know there is some doubt that 14 days is enough but if coming back from a high risk area then I think a period of self isolation makes sense

Is this hypothetical or are some kids currently on a trip?

Schools are fucked at the moment because the guidance is rubbish. No guidance saying cancel school trips so they’re pressured into going ahead, and then no guidance to properly protect the rest of the school community on their return.

Whatever they do, parents will be in uproar.

@prh47bridge I wonder if you’d be able to offer any thoughts?

I would think that would be a temporary exclusion, as they are not following government guidelines. Which would not be legal.

However, if they are very strongly recommending, rather than insisting that might cover it.

this isn’t hypothetical. There are currently children abroad in a catergory 2 country who will be asked not to return to school even if they have no symptoms. Given this is not in line with government guidance (which says they can attend school if they’re symptom free) I’m wondering where school stand legally in insisting they do not come in to school.

@TheletterZ that’s what I’m wondering too. My issue is, as a governor, I don’t want the school to do anything unlawful but obviously the priority would always be safety for all staff and pupils.

I think this is really sensible.

Well done, that head.

Problem is though by the time symptoms show then the whole school could be infected.

I think the problem is being asymptomatic for a relatively long time.

I understand that Sirzy, I do but that is not current DfE guidance for schools. The guidance is that if the children are symptom free they should be back in school. As a governor I need to be sure our school is acting lawfully. That’s my question.

Very Well done to whoever made this decision. They’ve obviously got more sense than the government, letting people come back from Northern Italy and infect everyone.

I think there is a very strong chance that this wouid be an illegal exclusion.

@prh47bridge - what do you think?

@MrsBungle -It is disproportionate and discriminatory

I would like a parent to challenge this as an illegal exclusion because at the moment EVERYONE is being put in an impossible position.

@meditrina this is what concerns me too. I very much understand the sentiment behind the decision and, as a parent, may like the belt and braces approach - as a governor there’s more to consider.

@Aridane this concerns me too.

Is it going to be a question of legalities?

I mean, really is it going to be ever tested in courts? This is a sensible judgement in many peoples eyes, and at the heart of it is the motivation to keep all pupils safe and away from harm. If this was ever put to a legal actual test, then there are plenty of examples where a school did not exclude pupils and then had to close the whole school, as in Dublin.

So I think if it ever came down to legalities, this is a unique situation and it could be strongly argued it was done with very sensible motivations. If the school does not do this, it is the poorest families with statistically the more chronic health problems in their families who would suffer most in a local outbreak.

@Fluandseptember I hear you but would prefer no legal challenges in my school!

Assuming that the kids are out of school at the moment and are therefore absent from school the parents (unless for a genuine reason that is not a holiday) are not overly concerned about missing school.

It's a no win situation. Come in and infect half the school and the head made the wrong. decision. Isolate and all clear head made the wrong decision.

Thanks for everyone’s opinions.

We have kids returning from a category 2 area also in our school.
Parents were concerned and contacted school, to get advise from HSE (ireland) . Advise was to allow kids and staff back to school if not symptomatic, but to remove themselves from school and isolate if they become symptomatic.
I don't think schools can legally go against HSE/ NHS advice without repercussion.

I think as Head Governor I would personally get behind this decision. It is for the protection of all pupils and a relatively small and simple thing to do, in the context. I would however concentrate on contacting all the families self isolating and make sure that they are all well supported, and if any are having particular difficulties, then problem solve with the school.

It might not be challenged in a primary school but with many older children in the thick of exam season I think a challenge would be reasonable on the basis of an unlawful exclusion.