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Category: Law
Satisfied Customers: 21
Experience:  Moderator
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Two of our 3 children attended Meriden Church of England

Customer Question

Two of our 3 children attended Meriden Church of England Primary School until January 2015, when we had no choice but to move them for their own safety. Over a long period we have been subjected to bullying and harassment from staff and governors. In October 2015 our complaint was heard by an independent panel of governors after we escalated it through all parts of the complaints process. Our third child has just been granted priority 1 entry by the local authority for the nursery at the school of our choice. We have completed all stages of the schools complaints process.We have 3 main elements to our complaint
1. We made an allegation of abuse of our son by his teacher. We stated he was being bullied and provided information to support this.
i. The LADO has never been informed of this allegation
ii. We have not been provided with an outcome of this investigation
iii. There is no evidence that an investigation into this complaint has taken place
iv. The school have not used their ‘Managing Allegations Policy’ that they said they would use but have dealt with this through HR policies.
2. The school have behaved inappropriately in the harassment of us.
i. Sent a safeguarding letter making a number of threats and allegations that took over a year to retract.
ii. Requesting access to private notes made about our own children.
iii. A member of the Governing body asked her to leave the playground
iv. Stopped her helping on trips
v. Invented policies to reduce access to the school
3. Our children have been denied access to a safe education and we have been bullied out of the school and had to seek education for our children elsewhere.
i. Our complaint was refused before we left the school
ii. When our complaint was heard once we had left there is no evidence of an investigation
iii. Bullying of our son
iv. Harrassment
v. A previous complaint being overturned
vi. Refusal of access to information requested
vii. Ignoring issues raised through parent council.We would like your advice if we have a legal case against Meriden Primary School.
Can help us understand if we have a legal case to seek:• Full and independent investigation of our complaint
• Action against those responsible
• Compensation for having to move our children and for the distress that has been caused
• What we should do about our unanswered allegation that our son was bullied by his teacher.
• What information we can share with others?
• Action to limit the ability for those responsible to be around our children or us
• Assurances that our third child will be offered a place at the school we have moved our other children to by offering priority 1.
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: We have lots more evidence and information. It is a dispute with a school we have gone to a local authority Governor panel. The independent Governor Panel has concluded:• The integrity of the school has been brought into question by their responses and dealings with Mr and Mrs Day. There has been a lack of transparency and no desire on the part of the school to reach a resolution resulting in a complete breakdown of trust.
• Mr and Mrs Day have experienced lengthy delays in their dealings with the school and in their complaints being dealt with, which together with inappropriate responses, has allowed the complaint to escalate.
• Stage 3 of the complaints process was incomplete due to the failures in the investigation process namely a meeting with Mr and Mrs Day did not take place nor is there evidence of interviews taking place.
• In relation to the allegation of bullying against Mr Browning the panel felt that there was no evidence of an investigation having taken place and that the email sent to Mr and Mrs Day regarding the outcome was inappropriate and inadequate and would not provide reassurance that the complaint had been taken seriously and investigated fully. Concern was felt as to why the complaint regarding Mr Browning had not been dealt with under the ‘Managing Allegations’.
• In relation to Mr and Mrs Day’s complaint regarding the incident on 14th November 2014, how it was managed and correspondence sent, the panel upheld Mr and Mrs Day’s complaint that the school acted inappropriately. The school did not act appropriately or proportionately as, according to safeguarding policy, the taking of notes where they do not relate to children is not a safeguarding issue.
The school have provided no evidence to support their claim that taking notes of safeguarding issues in the playground was in itself a safeguarding issue.
The action of Mrs Jordan, Parent Governor, was inappropriate as according to the Governors Handbook (formerly the Guide to the Law for School Governors) it is only the Chair of Governors who can act as an individual. The panel concluded that whether she was acting as a parent of a governor her actions were inappropriate.
While we appreciate the conclusions the Panel have come to we have a number of concerns as a result of this outcome:• In the response from the Chair of Governors on 12th September the remit of the Panel of governors was explained. “Please note that the independent review is a review of the evidence gathered and conclusions drawn and does not constitute a reinvestigation of the original complaints.” Given that this was the remit of the Independent Panel of governors the conclusion of “Stage 3 of the complaints process was incomplete due to the failures in the investigation process namely a meeting with Mr and Mrs Day did not take place nor is there evidence of interviews taking place” means that our complaint has never been investigated.
• We made an allegation of bullying against our sons teacher Mr Browning. This was at first ignored as part of the complaint, we were asked to submit further details in the schools response at stage 3 of the complaints process which came several months after our initial allegation. We finally received a response which gave us no information about the investigation or the outcome. The panel’s recommendation was that: “The school provides you with a detailed response in relation to the investigation into the allegation of bullying by Mr Browning and the outcome.” We have received a further response with little further information about the investigation and no outcome. The initial allegation was made in February 2015.
• The school made a safeguarding allegation against Lisa Day in November 2014 without any basis, we asked for further information but this was left without any clarification. We submitted a formal complaint which the school failed to respond to and later when we resubmitted our complaint in February 2015 as part of
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 1 year ago.
Hi, I'd like you to continue looking for the right person. Thank you.
Expert:  Nicola-mod replied 1 year ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  F E Smith replied 1 year ago.

This question crops up quite regularly usually with regard to bank loans overdrafts which people have left behind when they return to the UK.

If the contract is in UAE, they will have to take her to court in UAE and get a judgement there and, once they have that judgement, they can then take enforcement proceedings in the UK. That would be to enforce the judgement, not decide the issue.

Whether they would go to the trouble of enforcing the judgements of the UK or not would be entirely up to them. If she has no money and no assets (house et cetera) might want to write back to them to say that she has no assets and that if they press for this money, he simply has not got it and he would have no alternative but to file for personal bankruptcy.

Faced with the cost of making someone bankrupt and actually getting no money out of it, many organisations like this will simply let it go. However it could resurrect in a few years time and hence it might be an idea to come to an arrangement with them, pay a much lesser sum (perhaps 10%) in full and final settlement.

This is of course assuming that there is something in the contract documentation which says that if the contract is broken, she would be liable for these costs.

Can I clarify anything else for you?

Please rate the service positive so that I get paid. We can still exchange emails afterwards.

Best wishes.


Customer: replied 1 year ago.
I think you have attached your reply to the wrong question. This is not relevant to my question.
Expert:  F E Smith replied 1 year ago.

I apologise for that. I open the question in error (it’s not my area of expertise) and posted an answer meant for another user as you have gathered. It does happen occasionally unfortunately.

I will opt out for you and admin will continue to look for a suitable expert.

Customer: replied 1 year ago.
Thank you.
Expert:  Nicola-mod replied 1 year ago.
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Customer: replied 1 year ago.
I'd like you to continue searching please.
Expert:  Nicola-mod replied 1 year ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  Nicola-mod replied 1 year ago.
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,