Thank you for your question
My name is ***** ***** I shall do my best to help you.
There is no need for a Prohibitive Steps Order.
Indeed technically you can no longer apply for one since your son is over 16.
Since your son is over 16 the school not longer have to release the report to his father if your son says he does not wish them to do so.
He needs to write a form a letter to the school informing them that he does not wish then to release any information.
Please ask if you need further details
Thank you for this.
1) He has written a letter expressing a strong objection and the school agrees with him. He has also stressed that his dad has to make an application to court if he wishes to disregard his objection to release of his school report to him, throwing the action back to his dad. He is willing to attend court but would really prefer to avoid this. I am hoping that his dad could see sense and not fight his own son needlessly and further jeopardize their already poor relationship any chance of recovery in the future.
His dad is not someone responsible or caring and he may well apply to court to fight his own son. He is very controlling and only concerns himself with exercising his power. His orientation towards his son and regarding his son's emotional and psychological needs (physical ones have been removed by court order) is unbelievably concerning.
2) The school is concerned about their duty specifically under the paragraph 32(1)(f) of schedule 1 to the Education( Independent School Standards) Regulation 2014 (SI2014/3283) regarding annual report being provided to parents unless otherwise advised by a court order.
I have read somewhere an article by a specialist that suggests that school will have to carry out a risk assessment regarding how to respond to this duty under pars 32 (1) (f) on case by case basis.
Also I don't know how this starks up under Childrens' act.
3) I believe that in my son's case an exceptional circumstance could be stressed, based on the school's risk assessment if they can carry out one. They did this once before to implement the outcome of the court conclusions to protect him at the time from potential of further emotional/ psychological harm.
4) He is determined to have peace and stop worrying about his father's vindictive motives to sabotage his education. he has suffered a number of unpleasant encounters with his dad following his school report throughout his GCSE years.
Would he need to instruct a solicitor for a formal response to the school, in the way that could help the school respond to this challenge? Please give a step by step advise on what can be his response/can be done.
Your son has expressed his concerns and is over the age of 16.
That being the case the school has no right to go against his wishes and release a copy of the report.
The school have fulfilled their requirement under that Regulation by providing an annual written report to you
The father cannot make an applictaion to the court as your son is over 16.
Thanks again, this is all beginning to make sense to me. But I need a bit more help please.
1) are all you said under children's act and is over and above the independent schools regulations? The act should, should it not? and is their a specific section of the act that should be referenced in any reply? They did this with the regulation so I am thinking that we have to be able to reference what should be considered in the Act for my son. Do you have any relevant case(s) that can be cited by my son to support his request?
2) Are you saying that the school could just ignore him or politely send him a courtesy letter pointing out to him these facts as their basis for their reply? I was previously informed that they sent him a holding letter pending advice on the schools legal position. I also know that he bluffs a lot and he takes advantage of diligent people and abuse the law and getting away with it - no sense of responsibility regarding harm he causes. He is not really interested in his son's report other than to use it against him.
3) I also checked the adviser to the school, he specializes in local government schools rather than the independent school sector. I believe his advise to the school could unintentionally mislead and lead to school supplying the report and cause situation that will seriously affect my son outside of the school. He has already encountered sad harassments from his father's family demanding for his GCSE results and threats to get it from his school.
4) The school has been great supporting him but I am not too sure they are fully aware of the extent of consequence and extent of the severity of these consequences for my son could suffer. I spend a lot of money already for him to continue to see a counselor who also helps him from time to time previously and through his hospital consultant too. He already told me he would leave school if they listen to his dad's demands and ask if I would be ready to relocate him to America where he believes his dad would not be able to reach him and spoil his chances. He also talks about education being something that does not matter anymore as a lot of people to his view still make something of themselves without education. All these from a very bright boy who till now wants to go to a top university to pursue his dream course and really do well. He said his dad could only hurt him through school now if they give him information he could use against him. He does not have peace in himself and worry, telling me he finds it increasingly difficult to ignore this in his life now and constantly unhappy now.
Should a solicitor write on his behave to school so he is taken serious? I believe that the advice indicates that even with the child's strong objection the school may have to fulfill their duty. The specialist report suggests risk assessment basis by the school is an expected way forward for complex situation/case and decision should be case by case basis. seems a lot behind simple statements and I don't think I know how we could help articulate these.
Please advise who can best put all these together for the school to help them - My son with your help, which I would prefer if you could advise with the wordings, or a solicitor acting on his behalf?
1. The Regulation says that a report must be provided to the parents. It does not specify both parents.
2. The school should write and confirm that as your son is over 16 y=they are required to respect his wishes and accordingly they will only send reports to you.
3. In fact State schools always respect the wishes of the over 16's.