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Primary education

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Original poster

Parental rights

53 replies

Geronimus · 08/07/2023 16:40

Hello, can anyone please help with this? We asked for an unauthorised absence for my daughters to attend my concert. It's really important to me that they are there. When my partner arrived at school to pick up our children the headteacher repeatedly denied him access, saying we didn't leave 48 hours' notice and that they would miss curriculum time. We are left shocked that my partner couldn't be given his own child and was denied access. I am pursuing a complaint but I wondered I'd my tone could shed any more light on this and what our rights are. Thank you.

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Smartiepants79 · 08/07/2023 20:53

On the one hand if it was so very important that your children were at your concert maybe you could have arranged this a little sooner. So, before the 48hrs.
on the other hand it is extremely odd that school refused to allow you to take your own child in these circumstances. Never heard of it happening in any school I’ve ever had anything to do with.

prh47bridge · 08/07/2023 21:14

If it your partner tried to pick them up at lunchtime and the school knew he would collect them, they were wrong to stop him taking them. However, if he tried to pick them up in the middle of the afternoon, the school was within its rights to refuse.

Original poster

Geronimus · 08/07/2023 21:16

My understanding was that unless there is an immediate safeguarding concern, all the school can do is put it down as an unauthorised absence. They cannot lawfully refuse a parent access to their child. Can anyone shed more light on this.

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prh47bridge · 08/07/2023 21:18

To add, I'm not clear from your OP if your partner has PR for your daughters. If he does and he tried to pick them up at lunchtime, the school was wrong to refuse to allow him to do so regardless of whether they knew he was going to.

Original poster

Geronimus · 08/07/2023 21:20

Hello, yes he is their father and my partner and has equal parental rights. He picked them up in curriculum time in the afternoon. We gave notice that morning as I wasn't sure my school concert would be ready and was very anxious about it - the concert is in the same campus in the boys' school. Anyway when he went to collect them after lunch he was denied access even after repeatedly explaining how much it meant to us as a family for them to be there.

OP posts:

GeriatricMumma · 08/07/2023 21:23

Should've just said it was a medical appointment

Original poster

Geronimus · 08/07/2023 21:24

No I wouldn't do that besides which it's on the same school campus

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peekaboob · 08/07/2023 21:24

It's not rights, it's responsibilities.

JanglyBeads · 08/07/2023 21:25

You weren't sure if the concert would be ready? That sounds odd

GeriatricMumma · 08/07/2023 21:25

Not sure what answer you want?

Surely not all medical facilities are on the same campus?

Hospital, dentist, opticians?

Anyways; it's done now. You won't get an apology and a concert isn't a reason to miss school.

Original poster

Geronimus · 08/07/2023 21:27

It's not odd if you understood the situation. I just wanted legal facts - is a school within its right or isn't it to withhold a child from its parent if there is no immediate safeguarding concern? I was asking a former headteacher of decades of experience who was adamant the school had no such rights and could only unauthorise the absence.

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FoodFann · 08/07/2023 21:29

YANBU OP. A parent can have access to their child. I hope the concert went well nonetheless, what a shame that it was slightly ruined

AngryGreasedSantaCatcus · 08/07/2023 21:36

The school has no right to restrict access to your child unless there are serious safeguarding concerns. It was a really weird reaction on their part and surely they realise their relationship with you as parent will be permanently damaged.

Original poster

Geronimus · 08/07/2023 21:41

Thank you. I need to find official documentation to prove they have no right before I file a grievance against the headteacher who did this. She is a control freak. What makes it more complex is that I am a teacher at the school next door and do a lot of work for the children at their school so in terms of damaging relationships, it's not just the parental/teacher relationship which has been damaged, it's also the teacher/teacher one.

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Soapboxqueen · 08/07/2023 21:48

Never heard of a school refusing to hand over a child unless there is/was a safe guarding reason.

It would never have crossed my mind to say no to a parent. It would have just been noted that the child left.

Original poster

Geronimus · 08/07/2023 21:49

Thank you. It has upset me so much and it feels like a power control thing for certain.

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Original poster

Geronimus · 08/07/2023 21:51

The only positive thing I might get out of it is the satisfaction of getting this vindictive headteacher into trouble if I can prove that she was not within her right to do this and quote the correct legislation.

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prh47bridge · 08/07/2023 22:07

The important point is that your partner tried to pick them up in curriculum time. The head was legally entitled to refuse.

prh47bridge · 08/07/2023 22:11

To add, there is no legislation you can quote that says the head was wrong. The legislation supports the head.

Mischance · 08/07/2023 22:17

is a school within its right or isn't it to withhold a child from its parent if there is no immediate safeguarding concern? The answer is NO. Go through the complaints procedure. If that gets you nowhere then speak to the governors.

You do have rights over your own child!! The school is merely required to educate them.

Popcorn640 · 08/07/2023 22:21

Legally, "parental rights" aren't a thing. The law states you have Parental Responsibility.

Soapboxqueen · 08/07/2023 22:29

prh47bridge · 08/07/2023 22:11

To add, there is no legislation you can quote that says the head was wrong. The legislation supports the head.

Could you link or point me in the direction of this legislation?

I'm genuinely interested.

AngryGreasedSantaCatcus · 08/07/2023 22:35

prh47bridge · 08/07/2023 22:11

To add, there is no legislation you can quote that says the head was wrong. The legislation supports the head.

Can you point out that bit of legislation?

Justrolledmyeyesoutloud · 08/07/2023 22:36

I don't believe the school has the right to do this - might be worth cecking their attendance policy but even then l think legally they hsve to let you. What is their attendance like in general?

Original poster

Geronimus · 09/07/2023 02:24

Thank you. Their attendance is excellent. There are only two times a year - two afternoons - in which I request their absence to watch my two big school concerts as I am head of music at the brother school on the same campus. I have been to lengths to explain the personal significance of having them there to no avail and was told it has to be unauthorised. I said I accepted this but this time this acting headteacher, who is only in post for a term (thank God), refused my partner access altogether when he went to collect them half an hour before the concert, despite him pleading with her for over five minutes.

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