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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A 13 year old boy has had misconduct put on s school record

Customer Question

A 13 year old boy has had sexual misconduct put on his school record as a result of a prank which went wrong (he went to pull down a friend's trousers in retaliation for the same done to him but mistakenly pulled down his underwear too).
The school refuse to engage with parents and the boy's mother is worried that the record may in some way continue to curtail her son(for example if he later chooses a career working with children).
Can you advise if there is anything that can be done legally to challenge the school and if this is not done, what the potential impact on the boys adult life might be?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

Is what the school saying correct on file though?
Alex

Customer: replied 1 year ago.
Sorry I don't understand your question, it is correct that the prank happened and that the underpants did come down with the trousers, the query is whether that constitutes sexual misconduct given that there was no intent, and what the implications are of having that on his record
Customer: replied 1 year ago.
Is that what you are asking?
Expert:  Ash replied 1 year ago.

Do you know what was recorded on file?

Customer: replied 1 year ago.
Sexual misconduct
Expert:  Ash replied 1 year ago.

Ok - you need to write and make a formal complaint and say unless its investigated and you will go to the Council. If they do nothing about it then you can complain to the Council. They will investigate the matter for you. If that does not resolve the matter you can complain to the Local Government Ombudsman. They offer a free, independent service and can investigate your complaint at: www.lgo.org.uk

However in reality it wont make any difference to his future prospects. There is no impact it will have in adult life as there is no Police involvement.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
Thank you. So if the child applies to go to college or other further education, the school cannot share this element of his record?
Expert:  Ash replied 1 year ago.

Not without permission, no.
Does that clarify?
Alex

Customer: replied 1 year ago.
Thanks
Under what circumstances would the council not be able to resolve ie can they instruct the school to accept their findings or could the school ignore the council?
Expert:  Ash replied 1 year ago.

The Council generally run the school, because they are funded by it. I dont know what process the Council will involve, but they can certainly look into it.

Does that clarify? Alex

Customer: replied 1 year ago.
Also if the child moves school will the record move with him?
Expert:  Ash replied 1 year ago.

Not without permission. But again it could be challenged. Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I think I just clicked on the wrong button? I now have all the answers I need, thank you, ***** ***** need telephone consultation
Expert:  Ash replied 1 year ago.

Ok - good luck with the school issue. Alex