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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can a parent take legal action against a private school for

Resolved Question:

Can a parent take legal action against a private school for not educating a child to a required standard? IE our son is consistently predicted an 'E' for his GCSE maths, but was predicted a 'C' a year ago. Yet his effort is a '2'. He is engaged to achieve the target, has plenty of support and we've dropped GCSE Geology (which he was predicted a B for) on the schools advice to help him spend more time on his Maths. He completes all of his homework and additional work.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Are you sure it is the schools fault please?
Customer: replied 2 years ago.

He consistently gets a "2" in his school report for maths effort and does well in his other subjects. We took their advice to drop GCSE Geology and by their own measure his predicted grade has not improved. He has (and uses) support from us at home and the school acknowledge that. He has been at the school for his whole education and at every stage we have taken their advice, sometimes costing us more money. He has not been diagnosed with any disability in maths and reports a couple of years ago have him at a 'C'. I think its a tragedy that they are failing him. He does have another year before his GCSE exams. They seem slow to take action and don't seem to have a plan.

Expert:  Ash replied 2 years ago.
Indeed. Can you show that THEY have been negligent? If so, what is it you want to achieve?
Customer: replied 2 years ago.

We'd like them to take action now to ensure that he gets the 'C' grade. I would argue that they are being negligent with the lack of improvement shown. What sort of other evidence would prove negligence? We've taken out time, cost and effort as blockers.

Expert:  Ash replied 2 years ago.
I don't quite see how you can do that, the court must order they do something specific not that he must get c grade.
What is it they are not doing that they should be?
Customer: replied 2 years ago.

They are going through the motions, not taking action or formulating a coherent plan to achieve the objective.

I guess by your answer that if I research what other schools have done and can show that this hasn't been done at his school, then I may have a case?

Expert:  Ash replied 2 years ago.
Yes.
If you show they have not done something when they should have, then you may have a case. But just because the grades are poor, does not mean the school has failed. For example if your child just didnt care or pay attention - that would not be the schools's fault.
You need to show that they should have done something and did not. Or that they have been negligent in some way.
Does that answer your question? I realise its not a black and white answer but until I know whether they have/have not done something its hard to say whether you have a case.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex