Legal advice wanted

[mummaof3ekl]

i had my childs sports day recently ( not that matters but isnt a traditional one and more of a throwing a bean bag in a hoop in teams)
child is autistic, week prior was getting really upset and worried, i said all he can do is try and if too much doesn't need to take part.
I explained my concerns to headteacher and to class teacher who both said if he is upset on the day you can take him to come sit with you.. so the day arrives
i turn up hes crying his eyes out sat in a jumper no hat no water in 25 degree heat on a field, i left it 5/10 minutes and he still continued, i asked a teacher by god forbid taking 2 steps out a barrier to let him come too me to be met with he isnt going anywhere, i said sorry are you telling me my own child is not coming with his mother to which she replied yes, a teaching assistant was then pushing him to sit down.

Legally what right do they have to refuse this ?

on speaking to the headteacher he says this is my fault for not emailing my concerns? ( everytime we have spoke never been an issue before) and of course the teachers are saying they never said he can come too me.

I may be wrong which is why im asking for others advice on what actual legal right does a teacher have to refuse a child to go to their mother

thank you

I think that when they said he could come and sit with you, they hadn't really thought it through - because if you've got dozens of parents there and you say it's okay for children to go and sit with their parents, you could have mayhem - it would be very difficult for staff to supervise the children effectively.

I realise that your child is a special case, but it's still difficult for the arrangement to be that he goes to you, because others will want to do likewise. It's not clear whether the teacher you spoke to was one who had been in on the original discussion - if not, then saying no was entirely understandable, as the general rule for these things has to be that the children stay where the staff can supervise them.

I think I would be focussing any complaint on the fact that he was wearing a jumper and had no hat on (I assume you do provide him with one); that ought to be part of their duty of care.

School should have planned ahead with child/staff/parents so that reasonable adjustments are made to support the child to be able to access.

Does your child have an individual plan?

Adjustments may or may not have included your child sitting with you. The important part is planning ahead so that the child is supported. This could be through a range of strategies.

Schools follow the SEND Code of Practice.
https://assets.publishing.service.gov.uk/media/5a7dcb85ed915d2ac884d995/SEND_Code_of_Practice_January_2015.pdf

Im confused why you are asking for legal advice. Surely, in thus situation you need to talk to the HT to identify what steps need to be taken in the future - I am really unsure why you need legal advice - just sounds like a miss communication between you and HT

Was the person you spoke to on sports day someone that knows you are his mum?

I think you need to focus on understanding what makes him so upset about sports day, establishing a plan for next sports day, and getting an insight into how often he is this overwhelmed. Was anyone with him when crying?

This is not a problem. I’m my school we allow children with certain needs to do as was agreed here. It never causes an issue. It’s easier for everyone to have happy kids. Most want to be with their friends. What I don’t understand is why the OP didn’t just say she had an agreement with the Headteacher and demand that her child be as brought to her.

The head was away unwell so I spoke with the deputy, she and the class staff member are denying they agreed to it and obviously didn’t listen and form a plan, school are at fault whether they want to admit it or not

Yes and yes thanks I have been trying but if you have an autistic child I’m sure you’ll realise how difficult it is getting communication from them especially their thoughts and feelings,

Well if you’re unsure why comment? This thread clearly isn’t for you so bye bye

Why did you send him into school with a jumper if it was that hot?
Did you practice with him at home how to keep cool when it's hot, taking a drink and wearing a hat so he had the importance reinforced?
Did you work with school to produce any resources that could support his anxiety knowing that it was building?

The school could've done better here. It sounds like you could've done better here too.

You can put in a formal complaint to the governors.

I think @BrightLightTonight meant that this isn't a legal issue ( which it isn't) unless you could possibly prove something under the Equalities Act - which would be a massive step to take and not the route needed.

Better to build good relationships with the school, working together to plan ahead to discuss, agree and meet the needs of your child.

What a total nightmare to see your child so upset! I hope you’re both okay.

I know during the school day, schools have a legal responsibility for children in their care so once registered, the child is legally in their care. I agree with past posters having children with their parents can be tricky. However, this clearly is a child with additional needs and a plan should have been in place. Has your child got an additional diagnosis? I ask this because if so a plan should have been in place.

What legal action do you want to take? Or are you just asking legally were they wrong?

I would ask for a meeting with the head. Ask how to complain to the governors. Ask to see the SEN policy. If they try and fob you off ask for their complaints procedure.

If you still get no where, put all your wishes in an email, marked urgent to the head and ask for all the above, stating if no meeting is arranged you’ll have no choice but to contact the LA.

Good luck. 💐

The TA pushing you child to sit down doesn't sound ideal, but coming in all legalistic isn't going to build a good relationship going forward. It's their rules for sports day, and reasonable force can even be used to prevent "disruption to .. good order", which I imagine is a line they could take in the circumstances described.

Sounds like the head didn't communicate the accommodation that they agreed to with their team.

Hopefully the head recalls your agreement. Saying it's your fault for not emailling is of course wrong and essentially admitting they dropped the ball: always follow up with email in future.

Have a read of the policies. Talk to the governors, complain if you think it would help, but perhaps focus on building trust to ensure they support what's best for your DC in the future rather than "winning" this time.

I don't mean trying to get that information from you child.

I mean asking to meet the teacher or other relevant adult to ask about what happened.

You have asked for legal advice. As far as I can tell, yes the school were correct in preventing the child coming to you, because they had no way of knowing you were his mother. It would have been against their duty of care to dismiss him at that stage. But I don't know because you didn't answer my question above.