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SN children

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Original poster

Can school take children to court for adult? 7 year old

13 replies

Medwaymumoffour · 04/11/2015 19:18

Just this. Don't want to go into detail. Year two child pushed past staff member to exit room. Parent threatened with either leave of own free will or court proceedings.
Surely this is not a possibility? Can seven year olds be taken to court or prosecuted? Not my child btw.

OP posts:

StarfrightMcFangsie · 04/11/2015 19:51

No. It's nonsense. Put this request in writing to the person who said it, copying HT/Chair of Governors asking for them to clarify what they meant. They'll backtrack.

Original poster

Medwaymumoffour · 04/11/2015 20:02

The head teacher said this. What if the governors back them up? Contact with governors is via Head

OP posts:

StarfrightMcFangsie · 04/11/2015 20:38

It doesn't matter. What matters is that once the thing is in writing the HT will be on the back foot. The LA will be too and any negotiations you enter into about future school placements will go in your favour,

Original poster

Medwaymumoffour · 04/11/2015 21:38

Thank you

OP posts:

Bogburglar99 · 04/11/2015 21:41

No. Whatever happened the age of criminal responsibility is 10. Child can't be charged with anything in a court of law. School could try and formally exclude the child - chances of success would depend on any previous incidents and exactly what happened this time. Is this a state or private school?

DolphinsPlayground · 04/11/2015 23:13

Sounds strange. The child wanted to get through, the teacher stood in the way so the child pushed through? Having trouble picturing hoe the cos would even get this to court?

Smartiepants79 · 04/11/2015 23:22

Can't believe there is not an awful lot more to this story.
As an isolated incident, a child of this age pushing past a member of staff would not result in child being excluded or asked to leave.
Was the adult badly injured?
Is there a history of violent behaviour?
If the child has physically assaulted the adult and injured them then they could be permanently excluded with various agencies being involved. They could be 'forced' to move the child to another setting but would be unlikely if it is as you describe and has there is no history.
Sounds a bit odd to me.

Original poster

Medwaymumoffour · 05/11/2015 00:19

I don't know the exact details, I'm having problems with the school and my Sen child. This child was in the same class so i was just told about it today via another parent because I have had a similar run in. Mines "if you keep questioning the staff maybe it's time you left".

My child's statement isn't being enforced. I wasn't told, I found out third hand and rightly wasn't impressed. Seems like the child wanted too leave, child pushed past but that was "exaggerated" to punched and kicked to get past. Staff in question wanted to sue and take to court for assault. Whether or not he did kick or mark the staff member I can't say for sure. But he did leave. I'm concerned with the head threatened something I see as illegal.
Because I have a feeling he is going down the "if you don't shut up I'm going to force you out too" or try to get me banned from the premises. He would have to prove I am harassing which he can't. But this news is very worrying as it seems he can and does go to extremes to get rid of kids that are too much hassle.

Sorry I'm a nc regular. This has freaked me out. I need to talk to the mum if I can get a chance. I want to help her but I'm worried it will fuel the bad feeling the head has for me ( of course it will but he is so wrong here and nothing is being done to stop him)

OP posts:

mrsmilktray · 05/11/2015 00:52

Sounds awful. The parents should speak to ipsea for advice.

Original poster

Medwaymumoffour · 05/11/2015 01:19

I might slip her the number if she's willing to contest this. She's entitled to legal aid and I hope she will challenge this

OP posts:

AgnesDiPesto · 05/11/2015 09:34

If its a local authority school there will be someone at LA who is in charge of quality monitoring of schools and you could get the mum to report it to them + you should make a formal complaint to the LA that the school is not implementing the statement. The legal duty to enforce the statement lies with the LA.

Potentially if you & other parent are forced out you can go to Tribunal for disability discrimination. Both write diary notes of any incidents / conversations etc. If you know any other parents with children with SEN try and speak to them as its unlikely to just be you 2 and there is strength in numbers.

You could complain to Governors too but it sounds like a school that wants rid of children with sen

Original poster

Medwaymumoffour · 05/11/2015 11:40

Thank you. The school says they have a Sen forum but I am unaware of anything like that. I have just emailed the la but your right I think I will give it to the end of the week before I raise a formal complaint. I have too emails from the head where I ask him why the don't implement and in his reply he doesn't answer, just tells us to leave.

OP posts:

GruntledOne · 05/11/2015 15:04

I don't think you have to worry about the threat of prosecution, the school will find out quickly enough that it isn't going to happen as soon as they contact the police. I also don't see how the teacher could sue the parents, given that whilst the child is in school he's the school's responsibility. However, what could certainly happen is a fixed term or permanent exclusion.

If the mother is entitled to legal aid, she should contact Maxwell Gillott ASAP for further advice, particularly about how she can enforce all the provision in her child's statement.

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