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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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yes i hav seen a recording ..my son said she was putting her

Customer Question

yes i hav seen a recording ..my son said she was putting her fingers in his collier bone.. its is on cctv in the class room ... they hold him even when he has calmed down and goes to sit down hold his collier bone.... i do have a solicitor sorry if grammer and spelling are wronge..
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

I can not see your old question - could you remind me what it was about please?

Customer: my 11 year son is being charged with 2 section 39 on his teacher
Customer: his has autisim
Customer: we had sent e.mail to the head as we had concerns as she had called him ugly and would compare the children abilties of that of her own children ...i wrote to the board og govervnos as well , and they comfirm my speaking with haed and the head talking to the teacher.... the head said the the teacher was young and hadnt been trained properly....
Customer: 2 sperarate charges of assault
Alex Watts : Oh yes. What is it you would like to know? Whether contact with the collar bone is assault?
Customer: i asked you that in the first question would they be any law or legalation under equality act too protect children with specail needs .. and yes to the above question she put her fingers into his collier bone
Alex Watts : Any contact is assault if it is unlawful violence. As for the Equality Act 2010 the school must make reasonable adjustments. Therefore what is reasonable is subjective
Alex Watts : But being held down without reasonable excuse is unlawful.
Alex Watts : It seems to be unreasonable if he has calmed down that he is still being restrained
Alex Watts : If he has suffered personal Injury as a result of being restrained then he may have a claim on the chool
Alex Watts : @ school @
Alex Watts : But any event if they failed to make reasonable adjustments you would have a claim.
Alex Watts : can I clarify anything frk
Alex Watts : Can I clarify anything for you about this today please?
Customer: the police are trying to charge my two with assaults on the teacher she is also laughing on the the tape... i did take him oit off the school and he has just started another school .... she then sent him a card wishing him well in his new school during the summer hoilday.. i e mail the school expessing my concern after her pressing charges .. the spoke e mail back she she was sorry for any upset this may have cousre she sent all the children carl... my son was confused about why she did it ....
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