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Ash, Solicitor
Category: Family Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My son has attended an independent school since age 7. He is

Customer Question

My son has attended an independent school since age 7. He is now 14 (Yr 9) he was diagnosed as dyslexic in feb 2016. He has not achieved as expected in his end if year exams. We have asked school to let us know the exam boundary marks so that we can see how far off he was from achieving his predicted grades and also how asked to see how many children fell into each category so that we have a picture of the peer group. School are denying us access to this information.. School have informed us that he should either leave or will have to repeat year 9. They will not let him adjust his options for subjects which he achieved a grade c yet other children are being allowed to change. We want him to study year 10 and repeat that year if he is still struggling.
Can the school make him repeat yr9 and is our request reasonable?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I met with the headmaster and school SENco in february and they minuted that they would me with me, my husband and my son early in summer term. This meeting has never been arranged. I also think that the Senco has labelled my son as having ADHD/ ADD. When asked to collate information for me to share with the educational psychologist, she circulated an ADHD questionnaire out to all teaching staff. On completiin i shared the full report with school which states that my son showed no tendencies of ADHD but was dyslexic and had dyspraxic tendencies. The SEN co circulated minutes to teaching staff stating the report said my son had ADHD. I asked for the minutes to be recalled and amended to remove all reference from the text to ADHD which she did. I have noticed that on the amended minutes circulated she has added a header to the page stating ADD. This was not on the original document. My son has never been formally assessed for this condition and the SENco has no report from a suitably qualified person to evidence this.
Expert:  Ash replied 1 year ago.

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

What is it you would like to know about this today please?

Customer: replied 1 year ago.
Can the school insist that my son repeat year 9 again in september and if we are not agreeable to this can they end our contract. My husband and i want to ask the school whether he can adjust his option choices (other children are being accommodated) , commence year 10 and study for his GCSE's and if he doesn't meet an acceptable standard to take the exams repeat year 10 as opposed to studying subjects again in yr 9 which he will drop.
Expert:  Ash replied 1 year ago.

Do you have terms and conditions which you signed? Does it say that they can do this in those terms?

Customer: replied 1 year ago.
Hi Alex
It doesn't. It states that " the school may terminate this agreement on one terms written notice sent by ordinary post or on less than one terms notice in the case of exclusion/expulsion. The school would not terminate the contract without good cause and appropriate consultation with parents/pupil."
Expert:  Ash replied 1 year ago.

Ok - then they can't make them repeat it. They can only act in accordance with the terms and conditions which you have signed.

If it does not allow them to make someone repeat it, then they have no contractual provision to do so.

So they can NOT make them repeat the year, there is no contractual provision.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Do they have a case to answer if we feel that they have not met all that was agreed to be put in place for our sons SEN needs e.g meeting with us to share learning strategies so that we could support our son. We feel had the meeting that they said they would arrange taken place it would have helped us to support him more at home and also in school and he may have achieved better in his exams.
Customer: replied 1 year ago.
Hi Alex
Can they terminate the contract if we are not in agreement.
Expert:  Ash replied 1 year ago.

They can only terminate if the contract allows them to.

If they have not done what was agreed then this may be breach of contract and you can sue for loss and damage.

Does that help? Alex

Customer: replied 1 year ago.
We are asking the school to share information regarding the year groups grades achieved in the exams. We wish access to this information to see how our son compares to the year group. So far school will not release it. Can we insist on seeing it?
We know from speaking to other parents of children with SEN needs that they have achieved similar to our son and are being able to adjust options and even drop some subjects. If they won't let our son do the same could they be discriminating against him?
Expert:  Ash replied 1 year ago.

We'll probably not because it would be a breach of the data protection act. You can only get it with a court order.

Expert:  Ash replied 1 year ago.

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