can a school refuse to release a child to parent

[oldstudentmum]

My child dc2 had appointment at dr after school hours, however I would need to take my other young child dc1 with us. dc2 finishes 10 mins earlier than dc1. the surgery were so nice managing to give me the appointment however the time was a mere 10 mins after dc2 official end time. so I left a message with school that I would be pickin up dc2 10 mins early in order to attend appointment.
Well I turned up at school to be told that they would not release my young child to me as it wasn't dc2 appointment WTF.
what is the legal stand on this a school refusing to release a child to a parent.

I would be seriously concerned about the school's security if a parent was able to do that but no, the police definitely wouldn't get involved. The school may be able to impose a fine on the parent for unauthorised absence but that depends on the LA's code of conduct.

I am guessing that you approached this the wrong way. I have on occasion had to as you did BUT I wrote an email requesting the school's help by allowing them out early. I explained why I needed them to do it and I apologised for disrupting the school day. I sent it to the head as and they have invariably have said yes. If you turn up there and say ineed totaled them both now then yes you might get the more hard line answer.

Once children are enrolled in reception incidentally, the 'below legal school age' thing does not apply, they are subject to the same expectations re attendance as children over 5.

This just isn’t true.

Are there any circumstances where a school can refuse to release a child to someone with parental responsibility at the end of the day please?

They only can refuse if they feel that the child will be in danger by releasing them to said person eg they turn up clearly drunk & incapable, high or there is a reasonable belief the child will be abused.

They could also refuse if the child is serving a detention, but otherwise I agree with the previous poster. There are also circumstances in which the school might try to delay things until the other parent arrives.

Where can the legislation relating to this be found please and what protocol would the school be required to follow if they believe a child to be at risk of harm. My son fell out with his brother and I shouted at them both the other morning for arguing. One went into school upset and the school told me that he didn’t feel safe coming home and they were putting them into after school club and phoning his dad (separated parent) to collect him directly. He was due to come home to me.

If a child says they do not feel safe going home, the school will presumably have two options, either to call Children's services or to call another adult with parental responsibility.

There is no specific legislation on this point. But I believe the courts would agree that your children's school did the right thing in this situation.

Hi, I've found this thread very interesting and informative and have a further point I would like confirmed if possible.
I am the non resident parent with PR and on the last day of term I attended a cultural day during the last hour of school whereby I brought in food to share with other parents and children. My child's teacher refused to release my child to me stating she had been instructed (presumably by the other parent) only to release them to their uncle. I have a good relationship with the Vice Principal who has confirmed I'm entitled to collect my child and as such I have made a complaint about my child's teacher. The teacher's refusal to hand over my child was also done in the presence of my child which impacted the rest of the afternoon as my child felt they had to remain with the uncle while we were at the school (despite the uncle's encouragement for them to spend time with me). I've asked for a full explanation as to why the teacher refused to hand over my child but I suspect the school are reticent to do this as they do not wish to get involved in ongoing legal issues between the parents. The Vice Principal has stated the matter clearly requires looking into by their well-being team after which I will receive feedback. I feel I should be entitled to a full explanation from the school and will push this if it is not forthcoming, however I would appreciate knowledge of my legal rights in this instance as I feel my child's teacher did not act correctly in at least 2 areas, infringing my PR and impacting the welfare of my child.

The teacher was in the wrong.

Assuming that you do indeed have parental responsibility and there is no court order in place preventing you from doing so then regardless of your ex’s wishes the teacher had no right not to release your child to you UNLESS

the teacher didn’t recognise you and you didn’t have ID/proof of your PR

You were drunk/acting irrationally/violent or anything that caused the teacher to think you would be a danger to your child.

I was given legal advice to this effect when I was in a similar situation teaching the child of warring parents.

Your assumptions are correct and the teacher was aware of who I am as I recently accompanied the class on a school visit. I have never done anything to make the teacher think I could be a danger to my child and am almost certain the teacher was manipulated into her actions by the other parent.

My top concern is the impact to my child of the apparent bias shown by the teacher towards the other parent. Although I have a very good relationship with my 8yo child, I have not wanted to discuss it with them so as not to emphasise the issue. I have been wracking my mind as to how the school will go about undoing this.

I totally understand the Vice Principal not wanting to get involved in parental disputes however I do feel I'm entitled to a full and honest explanation including confirmation of my suspicions if they are true. Obviously I do not wish any conflict with my child's teacher or the school however I am not prepared to accept just an admission the teacher was wrong and an assurance it will not occur again. Am I being unreasonable in asking for this? I do not wish to have to make a formal complaint however I feel so aggrieved that I will if my request is not met in full.

however I am not prepared to accept just an admission the teacher was wrong and an assurance it will not occur again

well what do you want then?

well what do you want then?

I think I should receive a full explanation why the teacher refused to hand over my child together with an assurance it will not happen again.

An apology and an assurance, yes but you are not entitled to any details relating to the teacher.

So with regard to parental teacher relations, do you think a simple apology is a satisfactory way to restore confidence after a wrongdoing?

Yes

Personally I feel it depends on the wrongdoing and in my case I consider the teacher broke the law in refusing to hand over my child as well as failing to shield my child from parental conflict. I consider both these issues to be serious and warrant more than a simple apology to the parent.

Legally the school cannot involve you in their process of what happens with the teacher. It’s a matter between employer and employee.

the teacher may or may not have known the legalities of the situation. If they acted wilfully then it’s between them. You are owed an apology and an assurance that measures are going to be out in place. Nothing more.

I am not debating what happens between the school and the teacher, I'm fully aware that is nothing to do with me.

My understanding of an effective apology involves not only showing remorse but also admitting the error together with whatever negative impact has occurred and then doing your best to put the situation right. Is it not part of admitting your mistake to provide an explanation for your actions?

The school has already admitted the mistake according to your previous post.

Yes they have but not explained why the mistake happened.

They may not be able to.

I appreciate they cannot until they have spoken with the teacher but once they have I think I should be provided with the explanation however damning it may be. The event occurred on the last day of last term and the school only returned from half term today.

No one can refuse to give a mother or father their child so educate yourself hunny.