How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 78442
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

My son goes to primary school and he is required NOT to wear

Customer Question

Hello my son goes to primary school and he is required NOT to wear a mask. Today a child coughs in his face as well as towards other students. I spoke to the school head master and she will still not allow my son to wear a face mask. as a result she is putting my family and many other families at risk
JA: Where is this? It matters because laws vary by location.
Customer: london england
JA: What steps have been taken so far?
Customer: i have spoken to the head master and informed her I will be looking into legal action unless they allow children to wear mask
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have also informed the head master my son will not be returning to school due to their enforced policy which they claim to be following government guide lines which is inaccurate as government guide lines do not state that they are not allowed it states they are not required which is a big difference
Submitted: 9 days ago.
Category: Law
Expert:  Jo C. replied 9 days ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 9 days ago.

Are you asking if she can be forced to?

Customer: replied 9 days ago.
as the policy they are enforcing has now put my family and others at risk and as a result we have requested test kits and informed our employers
Expert:  Jo C. replied 9 days ago.

Thank you.

I am sorry but I cannot give you good news. I'm afraid you are in difficulty here.

I have to tell you the truth.

I am sorry but it would be wrong of me to avoid giving you the downside of your position.

The reality is that they can dictate standards of dress and have widespread powers to do that.

It is not a legal requirement that he wears a face mask at school and so they are free to demand that he does not.

I don't know what their justification is. I suppose they are saying impedes learning. You could complain to the local authority and thereafter you could judicially review although that is a very expensive action

I am sorry but I can only tell you the truth.

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. Litigation needs at least 2 parties and neither goes to court expecting to lose.

Nonetheless, one of them does, even though they have been told by their respective legal advisers that they have a good chance of success.

If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court.

The ultimate decision comes from a county court judge in a civil case or from the magistrate in a criminal case heard in the magistrates court or the jury in Crown Court.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.