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Original poster

Gagging contract after complaint?

62 replies

Upsetmom · 19/01/2014 18:10

I have named changed. I have been asked to sign a gagging contact after making a complaint about my DS school. Has anyone else had any experience of this? Thank you.

OP posts:
Original poster
Upsetmom · 19/01/2014 21:08

The children are happy and we thought we could work with the school to improve things. They promised to make changes at the panel meeting a few week ago and then produced this gagging contract last week.

OP posts:
stixandstones · 19/01/2014 21:09

Did they verbally request that you sign a gagging order or is it in writing? Surely they would have to take legal advice before requesting this?

Original poster
Upsetmom · 19/01/2014 21:11

We have a written copy of the contract stix.

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happygardening · 19/01/2014 21:15

Fairly obviously you can't divulge what has happened but you state your DC's are happy so the complaint wasn't related to them I take it? Our complaints were welfare standard related although I hasten to add not CP related which is why we were so surprised the ISI weren't interested and effecting our child's happiness which is why we would have removed them if they'd been younger.

GW297 · 19/01/2014 22:06

I think it is illegal for them to ask you to sign it without a lawyer or union person explaining exactly what you are signing your right away to do.

happygardening · 19/01/2014 22:28

What are they going to do if you refuse to sign it? That's what Is like to know.

Xuper · 20/01/2014 00:09

Tell them you'd need legal advice before even considering signing anything and ask them to pay for an independent lawyer since if you are not one, you want to understand the implications.

creamteas · 20/01/2014 08:38

Fairly obviously you can't divulge what has happened

Actually telling them, you can't sign because you have already discussed it publicly, might be the way to go Grin

prh47bridge · 20/01/2014 10:01

Upsetmom - You refer to this as constructive dismissal. Are you employed by the school?

Original poster
Upsetmom · 20/01/2014 11:37

Prh47 no I am not employed by the school but it feels like they are trying to get rid of us.

OP posts:
prh47bridge · 20/01/2014 12:42

In that case GW297's comments about employment lawyers, etc. are irrelevant. But for what it is worth it is NOT illegal for an employer to ask an employee to sign a Compromise Agreement without legal advice. However, if the employee does not get legal advice the agreement is only binding on the employer. Advice from a "union person" is irrelevant.

Having said that, you need to understand the implications of the document you are being asked to sign. I don't know all the background but asking you to sign a confidentiality agreement does not necessarily mean they are trying to get rid of you and your children. It may simply mean that they don't want you making your concerns public.

Without knowing the details of the case it is impossible to provide sensible advice. It sounds like the school may be acting unreasonably but there may be good reasons for them wanting this agreement in place.

I agree with Xuper that you should tell the school you won't sign anything without proper legal advice and ask them to pay.

GW297 · 20/01/2014 20:46

Not in my experience! A union rep asked me to sign one and afterwards a lawyer said it was binding!

middleclassonbursary · 20/01/2014 21:15

Are they trying to get rid if you? If you left I take it you wouldn't have to sign a confidentiality agreement but if you leave your even more likely to discuss your grievance with every other mum in the local playground so this would be counter productive on the schools part.
I agree with others I personally wouldn't stay at school asking me to do this but at the same time I"m struggling to see what they are trying to achieve.
Firstly I hope and am assuming this is not a child protection issue if it is then not only should your DC's not stay but you must report it to prevent further offences occurring to other children.

So from what you've written your complaint doesn't necessarily seem related to your "happy" at the school children, and you seem reluctant to go, and to ask you to sign a gagging agreement and for you not to immediately tell them to stuff it makes me think it's a unrelated to your children's individual education. The questions are has your complaint been handled and addressed in what you feel is at the very least a satisfactory manner and has it been completely resolved in the way you want, are you sure it won't happen again, will you feel comfortable staying there, and are you sure your children will be ok, can you keep quiet about the matter, what about if it happens again will you then have to keep quiet. If yes to all but the latter and in all others aspects your confident in the school I suppose you might as well sign it having taken legal advise.

prh47bridge · 20/01/2014 21:44

GW297 - Depends. If the union rep was certified in writing by the trade union as competent to give advice and authorised to do so on behalf of the union, they advised you on the terms and effect of the agreement and its effect on your ability to take your employer to tribunal, and they were covered by appropriate insurance or indemnity then yes, that was binding. However if they simply asked you to sign the agreement without giving any advice it was not binding. Advice from a random "union person" is not relevant - the conditions listed above must apply. Sorry - missed the word "random" from my last post.

Original poster
Upsetmom · 26/01/2014 18:54

The chair of the governors has emailed us as we told DSs teacher that he would probably be leaving after half term as the governor had reneged on the decisions of the panel meeting and she had told the chair.
He didn't mention the gagging contract at all!

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Original poster
Upsetmom · 01/02/2014 07:47

The chair of governors has now made it clear that the children can only stay if we sign the clause. The children are leaving. I have contacted ISI and they can't help. The complaints system seems flawed. I really do think Inpendent schools need an externally body that deals in complaints handling.

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hedwig2001 · 01/02/2014 08:01

So sorry you have been put in this position. If I you were you, I might be tempted to go to a newspaper with the whole story.

happygardening · 01/02/2014 08:18

Upset I'm personally not surprised the ISI aren't interested as I said up thread they weren't interested in the genuine concerns we and other parents raised about our old prep. They are frankly a fairly useless organisation whose reports are worth the paper they are written on.
I too might be tempted to go to the newspapers if it's a news worthy story although am unsure if I would want photos of my kids in the local newspapers etc.

Original poster
Upsetmom · 01/02/2014 09:38

Several others have mentioned the papers but I want to carefully consider any negatives before I do this.

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Lottiedoubtie · 01/02/2014 09:43

Can I ask, is the school a charity or privately owned?

IME this sort or thing is more likely with a privately owned school. If not, if the complaint relates to finances consider the talking to the charity commission.

indigobones · 01/02/2014 09:59

I also have had threats, in writing, from a (state) school if I mention certain things to anyone - no gagging order though.

I too am considering going to the press as I feel this is a matter of public interest. There's no reason why the press can't report the story without naming you or your children. In my case I would insist on anonymity because of the threats. The school in my case will do anything to protect their reputation and have already tried to blame my family for their failures.

Once your children are out of there what can they really do?

Original poster
Upsetmom · 01/02/2014 10:22

Indigo are your children still at the school?
Lottie it's a registered charity but the complaint isn't do do with fees.

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indigobones · 01/02/2014 10:26

Upset No - no longer there. I don't know if you can say what your concerns were but in my case there were 'dodgy' things going on and the more I looked into things the worse it looked.

Original poster
Upsetmom · 01/02/2014 10:31

Indigo have they settle well into their new school?

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LIZS · 01/02/2014 10:32

If the complaint affects reception child then you can contact Ofsted . Early Years should be Ofsted inspected as well as ISI.