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.

Ah ok just seen primary x

you shouldn’t have to but I’d be considering a placing request to have your child moved to another school.

All I want is the HT to be straight to me and for me to have confidence she is on it.

This shouldn’t be much to expect, but the reality is that if she was straight and honest with you, you would lose confidence even more than you have already. The headteacher can’t use resources that don’t exist. If she doesn’t have the money and the staff to be able to have this child shadowed by people who know what they’re doing when it comes to behaviour management, then she can’t provide them. She can’t guarantee that there will be no more violent incidents involving this child so she will never be able to say what you need to hear. It could be that a different school is the only solution.

It seems to me that it really doesn't matter what has been put in place, as whatever it was hasn't worked, as another child has been I injured.

Your decision, I think, is should you leave your child in the school that cannot keep your child safe?

Ad far as safeguarding goes, all she can discuss is how they will manage your child. They are not allowed legally to discuss measures for the other child. Think of it the other way, if it was your kid that had the ND issue and attacked someone, would you want every tom dick and harry knowing his issues etc?

If you don't feel like she is taking it seriously enough (and as a school governor my gut tells me she wouldn't risk her job by not doing so) then you need to look at the schools complaint policy and raise a complaint in the correct way, in writing. They have to disclose all written complaints to ofsted so they can't ignore it.

That said,there are an absolutely insane number of hoops to jump through before you can permanently exclude a child regardless of how violent they are. We had a child recently (primary) who was physically threatening staff in and outside of school. Police were involved and the agencies there to allegedly support the school and the child basically said there was nothing they could or would do until "a serious incident occurred".

Unfortunately everything in law is there to protect all kids right to be educated in school.

The school will have put measures in place, they will have got crisis support involved. They will be using 121 where funding allows and they will be looking at all plausible measures to protect all kids, including the NT child who is clearly in crisis.

How old are the children? If of the age of criminal responsibility report your incident to the police because there has been a repeat.

Speak to the school safeguarding lead and give them the police reference number for the incident.

the school are failing to safe guard the children you need to refer up - so formally to the governors and also whistleblow through the nspcc

This is in Scotland. There are no governors, we don’t have OFSTED or the NSPCC.

Another approach to take if you don’t feel the HT is addressing the issue is to report it as bullying incidents which the schools now have to respond to. If you still dont feel it is responded to correctly you then have grounds to report to the education department as your child doesn’t feel safe in school due to the actions of another child who is effectively bullying them.

Having been in this situation the MSP was by far the most helpful, and councillors. You have to ask the Head Teacher for the risk assessment they performed following the attack on your child, ask them why this risk assessment failed to protect this other child, and what they intend to do about it in future.

In most cases the Head Teacher is powerless to do anything about it themselves. Complain to the council about the head teachers inability to protect your child. Will the HT mind? Probably not. They are probably doing all that they are allowed to do. And when the council says that their hands are tied by the Scottish government school inclusion policies, complain to the public service ombudsman.

But all if this takes ages. If you have a good MSP they might be able to ensure the child is moved very quickly to a more suitable setting. Pressure from politicians can help make things happen. Your child should not need to move.

And yes, you need to make sure that the school records bullying incidents formally. Schools are judged by their record on bullying, the fewer incidents recorded the better. By ensuring the incidents are formally recorded in the Scottish government bullying log means more pressure on the school to actually do all
they can!

Inclusion doesn't work and sadly your child is suffering as a result. In my experience you need to be vocal and complain as much as you can. And complain again. Make everything formal. If you make a formal complaint it can't be hidden as well as she'd hide a wee parent meeting. Noise... make noise.
It isn't the school's fault but I'm totally fed up with the needs of the few trumping those of the many. School's are big on rights respecting nonsense at the moment... start quoting that at them. And GIRFEC... getting it right for Every child.

“@London2024 and @Hurdlin

I haven’t yet. That’s the next step. I just wish I wasn’t doing this on my own.

@hurdlin

I have said that if my child is ever hurt again I’ll involve the police. We’ve also had preliminary talks with the police to confirm they will get involved.

@helpfulperson

I do appreciate this. But I can’t in the short term think ‘it is what it is’ and just hope my child, or other children, scape harm.

@MinervaMcGonagallsCat

The age of criminal responsibility is 12 in Scotland and I think this child, judging by size, is older than the other kids and very likely older than 12. I have made this point to the HT.

@NameChange096

I am doing all of that meticulously.

@cansu

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.

I haven’t asked that this child be excluded, but his presence requires extra resources to protect the other children. My child has shown incredible empathy towards him, and his description of this child’s time in school sounds miserable. He may well be a lot happier somewhere else. None of the staff in the school are trained to deal with his issues. There are a lot of ND kids at the school. This is the only one whose needs affect others quite dramatically.

If they had caused serious injury they would have been excluded surely?

Do we wait until serious injury is caused or do we recognise it could happen and prevent it. Kicks in the head. Punches to the throat. Strangulation. And all the psychological impacts that accompany that. My son is still affected. Is this in the best interests of my child?

@Berthatydfil

Many emails like this covering everything you’ve raised. Detailed records and notes.

@ThatsNotMyTeen

When we spoke to the police last year, we were told they were involved in a similar situation at the only other school we could move our DC too. The issue is dumping a child with challenges in a school not equipped with skills or resources to manage him.

@SometimesCalmPerson

If the HT honestly told me she didn’t have the resources and could not do as much as was necessary, it would give me more when escalating upwards when speaking to my MSP. An admission they cannot keep children safe is better than lying and pretending they can and then doing nothing.

@ThisBlueCrab

Think of it the other way, if it was your kid that had the ND issue and attacked someone, would you want every tom dick and harry knowing his issues etc?

We do know it all though. The attacks take place in front of all the children and other witnesses. It’s not confidential. I don’t expect or necessarily want this child excluded. However, there isn’t a single male teacher in the school, and the majority of the staff are female in mid- 50s and above. This child is strong, fast, explosive and dangerous. A strong fit male 1:1 would be helpful.

@TootieeFruitiee

If of the age of criminal responsibility report your incident to the police because there has been a repeat.

The assault didn’t affect my child though. It was a serious assault on another.

@Carrotmccarrotface

You have to ask the Head Teacher for the risk assessment they performed following the attack on your child, ask them why this risk assessment failed to protect this other child, and what they intend to do about it in future.

I haven’t asked to see the risk assessment. I will try this. Thank you.

Will the HT mind? Probably not. They are probably doing all that they are allowed to do.

Last year I offered to raise a formal complaint if it would help her get the extra resources she needs. She declined. This year she seems concerned I might do that because the school is likely be inspected quite soon and she seems to think it will reflect badly on the school.

And yes, you need to make sure that the school records bullying incidents formally.

I’ve been asking that each email I send is uploaded to the bullying database.

@ByCoolWriter

GIRFEC is a joke. They’re definitely not getting it right for a lot of children. Policy and buzzwords take priority over basic common sense.

Last year I offered to raise a formal complaint if it would help her get the extra resources she needs. She declined. This year she seems concerned I might do that because the school is likely be inspected quite soon and she seems to think it will reflect badly on the school

Nobody wants to face the facts that the policy is failing. The HT wants the school to come across as though everything is perfect, as she’ll get grief from the council if she admits that it isn’t to the inspectors. She covers it up, the pupils go in suffering.

But there ARE inspectorates and care remastered that visit schools.

This sounds like the right approach.

This sounds like the right approach.

I agree. I'm realising through this thread that I've done everything I possibly can. So unless the HT can give me a frank appraisal of measures in place to protect my child, I need to escalate it. I'm sending my last email to her today.

It might be worth speaking to your local EIS (teacher’s union) rep. Obviously you are not a teacher so they can’t represent you but violence in schools and harm to their members is something that they are very interested in.

In terms of this ND child; keeping him at this school is not supporting him or protecting him. The behaviour is evidence of failure to support him and the need for more intensive support for him in a more appropriate setting.

The police will not do anything. I was assaulted repeatedly by a child in my class and they were powerless.

Absolutely ask for the RA to be updated in light of what has happened but the HT will not be able to exclude the child in the way you may expect. RA need to be dynamic. What was working may not continue to work. It is unlikely that you will be shown the RA. It contains information relating to other children and staff and a redacted version to protect others may give you very little detail. I had to give permission for my situation and RA to be shared with colleagues beyond those who immediately worked with the child. Unfortunately the EIS are unlikely to help you. They are well aware of the situation in schools and are very much involved in trying to help and protect their members.

This is why I think politicians are your best bet and I found them helpful. They were able to look at the situation from out with the ‘inclusion is everything’ bubble that many of those working in education sit in and see that my child had a right to an education, and to be expected to put themselves at risk of assault on a daily basis in order to get that education is just bonkers.

It is just horrifying that teachers are supposed to put up with being repeatedly assaulted in the course of their job. It’s just so unacceptable. How did we come to this?