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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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Please could you tell me if my eleven year old child has legal

Resolved Question:

Please could you tell me if my eleven year old child has legal right to be excused from a lesson for a genuine reason to use the loo?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.


Could you explain your situation a little more?
Customer: replied 3 years ago.
Hello Jo,
My name isXXXXX have an eleven year old daughter at secondary school. It would seem that the school has put a policy in place where children are not able to leave the classroom during their 100 min class session. My daughter requested to go to the loo seven times at in her class on Friday. Her teacher asked her every time to wait. Other children were allowed to go. This could suggest my child miss behaves and abuses trust, this is not the case, she has a good reputation with her teachers. I have had two girls attend this school previously and have not found them to show a reasonable attitude when dealing with an average student with a good reputation for behaviour and honesty. So when I handle situations with them I have found giving them a chapter and verse on correct conduct or procedure in a matter is the only way to get any action from them.
Expert:  Jo C. replied 3 years ago.
Thank you.

The short answer is that there is no legal right to be released from a classroom for this reason. Its not an insubstantial control when you think about it. There are not too many other authorities that do have the right to delay access to a toilet. However, a teacher commits no offence in refusing to allow a child to leave a class for this reason.

That is not to say that you couldn't complain about this. It depends really upon the justification. Obviously they can always rely on the argument that childrent need to learn to manage their needs during breaks. The only thing that may be an issue here though is that if they are releasing some children and not others to go to the loo then that would seem to be discrimination. Its not unlawful discrimination if they are just acting because they don't like her but its clearly the basis of a complaint.

You can always complain to the Local Authority.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
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