Paying for Damages at a SEN School

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Hoping for some advice!

My son has significant mental health challenges and attends a specialist private school, funded by our LA. He's been really struggling and had a massive meltdown before Christmas. During the meltdown he caused damage within the school (smashed a TV screen, pulled display boards down, overturned a watercooler etc) before finally putting his hands through a window. This resulted in significant cuts and he had to be taken to A&E. Both the police and ambulance attended.

The school have now sent us an invoice for the damage caused and it's nearly £2k - the invoice does not include the cost of the window, only the TV screen, display boards and watercooler.

Of course I have to take responsibility for my child's actions, but is this kind of request normal? We've paid for small items broken before - a smashed plate for example - but I just don't have this level of money so am really worrying. I had assumed (probably incorrectly!) that an incident like this would be covered by insurance so would have expected to pay an excess.

Does anyone have any experience of this, or any advice?

The school should have their own insurance and as a special school all those items should have been secured and appropriate for the student body.
No help but I think it’s inappropriate to bill you under the circumstance.

I would have thought that insurance should cover this. Surely some student damage is to be expected particularly in an specialist school, ,( not excusing it of course)

No, I don't think this is usual. Is the school a member of the Witherslack group by any chance?

That's actually quite scary. They have equipment that can be broken easily during meltdowns and kids can put their hands through glass windows, but then they can charge the parents for the damage? It's a SEN school. It's highly inappropriate and money grabbing.

Are you sure the £2k isn’t the excess? I’d have thought those items in a school would cost more to replace.

Yes I'm sure - they have sent an itemized bill for the TV screen, Watercooler, Display Board, and finally for £12 for a lock on a toilet door.

I have to assume that these items were actually damaged beyond repair but I don't actually know. I've asked my son but he doesn't remember (this isn't him being funny, he normally doesn't remember what he's done or said when he's in meltdown mode)

The only thing that I know for sure was damaged was the window, as my son went through it. They haven't charged for this though.

I would question what was done to keep your son safe during this meltdown. Why was he in a room where he had access to this? Why wasn’t he moved to a safer more secure room? I have a little experience in a school like this and students in full meltdown were (if possible) coaxed to a room that we had that only had soft furnishings in and no windows.
I understand that it may be that your son couldn’t be moved but I’d be asking questions. What had triggered the meltdown? Had they followed his care plan? Has he had meltdown like this before and could it have been predicted? Could things have been de-escalated?
I’m assuming the school is used to students with these types of problems and it won’t be the first time they’ve encountered this type of problem. I hope your son is okay.

I don’t think billing you is normal under these circumstances.

Is it a PRU? I only ask because the one time I’ve heard of this (and I still didn’t agree with it!) was a PRU that had a conduct agreement between pupils / parents that stated damages would be charged.

How is it your responsibility to pay when you were not there and so couldn't do anything to de-escalate the situation?

it sounds like the school isn't suitable for his needs then because one that is would be insured for costs like this. Get some free legal advice

I had this once. My son damaged a door. He is disabled and it was a behavioural school. I just told them I wouldn’t be paying it and to claim on their insurance. It was the last I heard of it.

It's not a PRU (as far as I know) but is a small specialist school for children with very complex mental health issues. I do think that they have a policy of 'billing' for any damages but I had assumed that damages of this level would be covered under an insurance policy.

Nope. He's in their care it's their responsibility. If his needs were being properly met I dare say he wouldn't have had such a big meltdown?

I work in a special school and we would never charge parents for damage, in fact I would be questioning how your son was able to do so much damage without the staff intervening? They must be trained in use of restrictive physical intervention. Definitely don’t pay!

I'd be really shocked by that. I would assume that property destruction is going to pop up with some regularity in a group of youngsters who are struggling with severe mental heqlth problems and that the school would either a) have insurance, or b) layout expectations for potential reimbursement with families preemptively.

You sent him there purely because they supposedly had the facilities/expertise to support him - you can't then get the bill everytime they don't manage to!! You also have no idea what steps they took to protect their items. For instance, did someone usher a very upset child who was already lashing out into a room with expensive equipment? If that happened, even in a scenario where you are expected to cover damages, the costs shouldn't be passed on to you automatically.

I wouldn't pay. I would contact the LA and discuss it with them.

This is a private school so the usual expectations may not apply. I would speak to the LA before paying though.

Do you have home insurance? You might have legal cover included that could be useful.

Tbh, in that type of setting there surely shouldn't be equipment able to be damaged or moved like that, it's lucky he wasn't more hurt than he actually was by some of those items. What if he'd pulled the water cooler onto himself or someone else?!

I think my immediate reaction would have been to express horror that he was much more unsafe than you thought, and that was bad enough with the injuries he had, so if there's typically large equipment like that that can be manhandled by a dysregulated child how are they going to keep him safe in future?

Whilst at school, the teachers are in loco parentis.

Therefore if damage occurs, it is down to them, not yourself - as you have absolutely no ability to regulate your child's behaviour in a school environment.

You have no say in their behaviour policy, their actions before or during the event or the consequences they apply.

I suppose the risk is will they expel him if you don’t pay? Might it be covered on your home insurance? Was he injured at all? I’d be considering a formal complaint regarding that if so.

It wouldn’t be normal to charge in a state school but private is different.

I dunno OP, but I would have thought if the LEA are paying the fees, they are the ones with the contract for the school, so I’d definitely contact their education office and see what s/he says. It also doesn’t sound like the school is the right environment for your son.

What does the contract and T&Cs state? Even if he is there paid for by the LA as parents you will have signed something. But I must be honest (as a parent who had a kid in an SEN specialist private school) I don't think the tax payer AKA the LA should pay. I know we paid an insurance premium but that was for personal possessions. Call the school and talk to the Bursar/Finance Team.

Get yourself legal advice NOW. If you're in NI, try SENAC and I can pass on solicitors details too (again, NI based)

I would request all the incident reports and details of care plans etc. I'm surprised that your son was able to injure himself so severely and question whether he was appropriately supported by adequately trained staff following a care plan .