Do I have rights regarding safeguarding in schools

[missmousemouth]

A year ago my child was viciously attacked by a neurodivergent child. A really serious attack that could have hospitalised my child and has left him traumatised.

I was assured that measures would be put in place and emphatically told, "this will never happen again". I've recently learned that it HAS happened again to a different child and I am once again extremely worried about my child's safety.

I know the HT will tell me they can tell me nothing about another child's care plan. But given the measures put in place have clearly failed, I really need to know what they are going to do that is different.

What rights do I have to my own child's 'safeguarding plan'? I will be meeting with head teacher and do not want to be sent away with nothing more than 'I can't say a word. Trust me', when I don't trust her to handle this at all.

Please advise how I can approach this. How can I get her up tell me what I need to know without her hiding behind "it's confidential" and potentially doing nothing.

The UNCRC had just been implemented into law in Scotland. I don't know what this means from a legal point of view ( is anyone a lawyer here?) but it contains the right to be protected from all forms of violence. You could mention this to the HT.

I'd also always contact the head of education for your council area - you could ask them to join you in the meeting or cc into any emails.

The issue I have is, if I tell the HT that, she'll reply "Of course. Protecting children is my priority".

But she won't tell me how because she says that violates the confidentiality of another child.

So I'm expected to send my child to school knowing violence is ongoing and not knowing how it is being addressed.

I can't do that.

What is it you want the head to say to you?

The simple answer is that they cannot guarantee that one child will never hurt another in a school environment.

I want the head to tell me what measures she will put in place in public spaces where the children are together so I can determine for myself whether I think she has adequately addressed risk and make an informed decision. I have trusted her before and she has failed. I do not trust her anymore.

I don't believe she has made any changes, which means the children are at risk of experiencing the kind of violence you only see in films.

This isn't confidential information. I spoke to my child for the first time ever about this other child and he gave me a clear description of what happens and how it is managed and it is woefully inadequate. I want her to tell me how she is going to improve this. I suspect 'trust me' means 'don't worry while I do nothing '.

I think a child could be very seriously injured.

There's 'hurting' then there's 'injury that could potentially cause life changing issues'. I am not talking about pushing and shoving and slapping here.

Forgive me if I'm missing something.

From what I've understood:

HT can't/won't answer because it breaks confidentiality for another child?

But you have concerns about YOUR child and their being inadvertently involved in an incident with the problem child?

So, why not ask, given that your child has been attacked, "HT what steps have you implemented for my child to decrease their risk?"

That way you're asking what has changed for your child?

What a tricky situation. I do think some measures wouldn't break confidentiality. For instance they could say...

Staff have had training around how to de-escalate violence and restraint training

School have increased the amount of supervision in the playground/ created safe zones which are in better view

There are evacuation procedures in place

They could say they have recognised the issue, responded to it. I guess saying they have made appropriate referrals could breach confidentiality.

They coukd say what emotional support is in place for your child and what strategies he can use to get to safety.

I wouldnt expect them to say that there is a social worker, youth justice worker, a mentor etc involved as that is confidential.

I dont know Scottish law. It's much harder to exclude isn't it?

Not primary but I would be very surprised if the class teacher has been trained in restraint etc or a PSA ( considering how little they are paid). That I am aware of that training us only provided in specialist units and schools.
As someone else has said ask to speak to HT and cc in girector of education.
Mainstreaming and inclusion is default for many councils and it is often to the detriment of staff, other children and the child itself.
If they do not provide your child's care plan you could do a FOI request. They will not discuss the other child with you obviously and as it was not your child this time, it is likely they will try to downplay. Do you know the other parent if the child this happened to recently. It may be worth having a conversation with them as they may not be aware if what happened with your child.

The trick is to go in with sympathy for the ND child but make it clear this recent attack has put your child on edge again.

I would also maybe ask for the class teacher to be present too. Too often class teachers complain or raise these issues and management downplays it, so having the teacher and PSA who are with the child day in and day out could be helpful too.

I was a TA in a mainstream primary school in England and all staff were trained in restraint techniques. Attacks on staff and pupils still happened though. They are impossible to avoid completely.

Can you ask for a risk assessment?

Or for a plan to deal with your son's trauma?

@BiscottiToffee

“So, why not ask, given that your child has been attacked, "HT what steps have you implemented for my child to decrease their risk?" “

She sent me a long email about discussions that will be had school wide about children feeling safe etc. The issue though isn’t whether children feel safe, but whether they are safe. She won’t give me assurances on measures to address that.

I’m also wary to ask her to get to involved in nurturing my child because she made things 1000 times worse last year. We had to eventually ask her to stop talking to him.

@Frowningprovidence

School have increased the amount of supervision in the playground/ created safe zones which are in better view

This is was last year’s solution. I was told the child would be supervised intensively, effectively shadowed at all times by staff. Despite this, another child was attacked. Which is the crux of my concern. If shadowing doesn’t work, what additional measures have they put in place. She won’t tell me.

I wouldnt expect them to say that there is a social worker, youth justice worker, a mentor etc involved as that is confidential.

No, I don’t need or want to know this either.

@EmsHugs

Not primary but I would be very surprised if the class teacher has been trained in restraint etc or a PSA ( considering how little they are paid).

The person shadowing this child is a woman in her sixties. The child is by far the biggest and strongest in the school - I suspect he is older than the others. He outruns all the staff. I asked my son if he thought she could manage and he said “absolutely not” and he described how sometimes two other staff members had to come in to the classroom. He also said he’d seen staff crying, and said they get hurt too.

Do you know the other parent if the child this happened to recently. It may be worth having a conversation with them as they may not be aware if what happened with your child.

I do, and his mother has raised it with the school too. My son told me of two other children he said are terrified in class so I have considered approaching their parents. The problem is that this could tip into a witch hunt and at the end of the day this is a child with additional needs. All I want is the HT to be straight to me and for me to have confidence she is on it.

The trick is to go in with sympathy for the ND child but make it clear this recent attack has put your child on edge again.

I’m honestly deeply sympathetic to the ND child and his parents. I think she leverages this sympathy to try make me feel guilty for wanting measures put in place. In truth, she’s failing this child too. My child described this other child’s day to day experience and it sounds wretched.

I would also maybe ask for the class teacher to be present too.

I did this last time. The class teacher had come down hard on the situation and said it was clearly dangerous and needed addressing. She overturned his decisions and, in front of both of us, tried to say I’d misunderstood what he was saying when he was crystal clear. He looked miserable hearing her say that. God, I’m getting angry just writing this. She’s fucking awful.

We also currently don’t have a proper class teacher because the previous one left and his replacement is already off long term sick.

I’m so stuck.

Have you spoken to the head of education? What council is it? I have seen HTs removed in the past.

In this case I'd take it further, insist the head of education for your council is there as you do not feel the,HT is understanding the gravity of the situation. Ask parents who are concerned to do the same. It isn't a witch hunt it is concern for your child, the HT is likely trying yo do her best but she isn't having to deal with this day in day out. If you are not satisfied with the outcome take it to the GTCS, mention the staff involved and the school and state you are concerned gor multiple children's and staff's physical and emotional safety.

I'd be complaining to the governors, if possible in a joint letter with parents of next child who has been attacked so they can't play the confidentiality card x

Raise it with the chair of governors

It sounds terrible but I'd seriously consider self defence or martial arts training for your child. If the staff aren't keeping him safe this may at least be a practical way to reduce the risk of harm. I'd also be getting your MP & MSP involved on a general 'violence in schools' basis - the anti-exclusion policy in Scotland is clearly very harmful.

This is Scotland, there are no governors.

OP this sounds so frustrating, could you escalate to head of education within the local authority?

Have you mentioned the police to the headteacher? Have you reported the incident to the police?

If there are no governors then who are headteachers accountable to? You go to them.

The most useful thing you could do is lobby the Scottish Government about funding for additional support needs. HTs and LA's can only work with what they've got and quite simply it isn't enough.

Have you mentioned the police to the headteacher? Have you reported the incident to the police?

The child will be under the age of criminal responsibility if attending primary.

OP you are doing the right thing first of all by meeting with the HT.

write down all the points you want to cover in the meeting and all your questions. And take notes. Is there someone who can go with you? A witness is useful.

If you are not satisfied with the meeting then you need to follow the schools complaints procedure.

However I'd also recommend getting in touch with local councillors and if your MSP as they can help escalate and get things moving.

I'll just add to keep record of everything, events, notes of all calls and discussions. Let HT know you are taking these notes. I'd approach the head of education in your council, make them aware of the issue and copy them in the email trail with HT. Repeat you're not there to discuss the other child and their needs, just yours. Ask for facts, details, specifics. Be police, but persistant. Follow the school procedure for escalating concerns, but do escalate. Is there a child protection/safeguarding lead in school?

If he is shadowed a member of staff I can't see what else tbe school can do other than prevent him from socialising with any other children, insist he is educated separately etc. This is hardly in the best interests of the child and would likely be seen as disproportionate and discriminatory.

What did this child do? If they had caused serious injury they would have been excluded surely? How old is the child? I think you also need to be careful as you seem to be quizzing your child and taking g his ideas as correct. Should your child be the one to say whether the supervising staff member is up to the job?

Write a letter expressing your concerns factually. Something along the lines of

“ my child (name) was hurt (details of injuries). in an incident last year (on date if you have it) which I reported to you at the time. My child was also very upset and frightened by the incident and other similar ones involving other pupils and staff members. She/he continues to tell me how worried they are that they will be hurt again. I am very worried about his/her emotional wellbeing as school should be a place where all children feel safe.

You gave me assurances at the time that you would be safeguarding my child and their class mates by doing X , Y and Z.

School has only just returned from Summer break and my child continues to express their worries to me and has disclosed incidents involving other children getting hurt. I cannot speak for those children or their parents but what I can say is that my child tells me they do not feel safe. My child tells me that (measures from above) are not regularly and consistently applied.

You have a duty of care to my child, and all others in the school to safeguard them physically and emotionally. At this point I am not confident that this is happening.

Quite honestly I feel that we are all just waiting for an incident to happen where a child does serious harm to themselves or others, which none of us wants.”

Follow up with a meeting, take notes, follow up with a further letter saying
We met to discuss my letter of x/x/2024. You said ….(.what ever head said ) and agreed to do …..(actions), in order to reassure me and my child and support them feeling safe in school.
please let me know if I have made any errors or misunderstood you.

This is what I was going to suggest, calling the police