Gagging contract after complaint?

[Upsetmom]

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.

So, so - my child has a disability though so it's never easy iykwim.

Thanks Lizs I didn't know that.

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

They could sue for libel. Provided you have evidence to support your allegations that shouldn't be a problem.

Are they part of a group eg. day school trust?

I am old enough to have read some of the first reports by Ofsted when they were taken under Ofsted inspections. In those there were boarding schools which were failing in their legal requirements. I do wonder how long it will be before such issues start to reoccur, now they are no longer inspected by Ofsted.

Mummytime they are not part of a group.

Friends of mine tried to complain about a school after they withdrew their children . LA said they couldn't proceed as the children didn't attend . Ofsted may say the same .

Independent schools do indeed need an Independent governing body. The way some of them treat their staff too is shocking. Some need to be much more accountable for their behaviour when attempting to maintain their precious reputations.

"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 Independent schools need an externally body that deals in complaints handling."

Most disputes are settled rather than going to court and most involve some kind of payment or other benefit and in return confidentiality. in 30 years I have never seen any settlement agreement without such a clause (although at the moment there is some public debate about whether employment disputes where there are complaints about NHS conduct should include such clauses which is irrelevant here).

So the issue is could they awfully ask the children to go and as a concession they are saying - in return for our letting them stay you must agree to keep this all secret. If that is the case that is fine - they and you can agree whatever terms you both agree to. If you are getting nothing out of this deal then no need to sign anything.

I have signed a gagging order as part of a compromise agreement in an employment dispute. However, it states I was only being a paid a £100 not to break it - a tiny sum compared with the actual settlement - so if needs be I will happily break it. Check what they are offering you for it.

Frankly gagging clauses are barely worth the paper they're written on - especially if the information being gagged would be in the public interest.

I suppose something that set out that a bursary would be withdrawn should you divulge all the details, amount etc could be one where it would stand.

I agree - the OP could tell just 1 person or everyone concerned with the school and how would they ever be able to prove whether she told them before or after the compromise agreement was signed. Also agree that I'd happily relinquish £100 in order to tell everyone what went on! I've never thought about it like that before.

I think people should take legal advice by assuming because the consideration ( payment) for a clause is X then if they breach it they only pay y. That is absolutely not so. I know someone who was sued for breach of confidence and the legal costs of the other party he had to pay were £430k for a start! These agreements have teeth if properly drawn up although I agree that in practice it is rare anyone sues over them. However if you do breach it you risk losing your home and all your savings so be very careful before you b reach such a clause. Most of them are definitely enforceable. They are enforced and sued on through the courts every day of the week.

That's what I thought to be honest. I think it's mainly going to the media they're worried about though. Best thing to do is to move on and be happy!