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John
John, Solicitor
Category: Law
Satisfied Customers: 1504
Experience:  10 years legal experience
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I have a dispute with my daughters school and would like to

Customer Question

Hello i have a dispute with my daughters school and would like to know if i have any rights. They are insisting my daughter wears a face mask against my consent and say she will get detentions everyday if she does not wear one. If i keep her of school because they refuse to follow my wishes they can report her as arwal. Do i have a legal right to enforce the no wearing of masks as this is not something we believe in and stand firm with our decision.
JA: Where are you? It matters because laws vary by location.
Customer: we are in London so local lockdown
JA: What steps have you taken so far?
Customer: i have emailed stating i do not consent and have had two phone calls from the school stating she must wear one regardless of my views
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i believe this comes under the eqauilty act under religious or beliefs
Submitted: 21 days ago.
Category: Law
Expert:  John replied 21 days ago.

Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. I may also need to ask you some clarifying questions to determine the legal position.

Expert:  John replied 21 days ago.

Thanks for your message. Sorry to hear of the issues with the school. How old is your daughter? Can you advise why you do not wish for your daughter to wear a face mask?

Customer: replied 21 days ago.
She is 13 and we do not believe it is necessary for her to wear a face mask. The situation is a contradiction and although the government has set these guidelines they are just that ' guidelines'.
Expert:  John replied 21 days ago.

Ok thank you for explaining.

You are correct it is guidance and not mandatory activity. The World Health Organisation advise that “children aged 12 and over should wear a mask under the same conditions as adults, in particular when they cannot guarantee at least a 1-metre distance from others and there is widespread transmission in the area.”

However, nationwide, the government is not recommending face coverings are necessary in education settings generally because a system of controls, applicable to all education environments, provides additional mitigating measures. Schools and colleges will have the discretion to require face coverings and that is normally in areas where social distancing cannot be safely managed.

Contact the school to discuss the problem first - most problems can be solved this way. If not, then follow all the steps in the school’s complaints procedure to make a formal complaint. If you believe your complaint has not been dealt with correctly, you can ask the DfE to consider your complaint which you can access online here https://form.education.gov.uk/en/AchieveForms/?form_uri=sandbox-publish://AF-Process-f1453496-7d8a-463f-9f33-1da2ac47ed76/AF-Stage-1e64d4cc-25fb-499a-a8d7-74e98203ac00/definition.json&redirectlink=%2Fen&cancelRedirectLink=%2Fen Or they can be reached by telephone: 0370(###) ###-####/p>

Their address is here:

Complaints

Ministerial and Public Communications Division
Department for Education
Piccadilly Gate
Store Street
Manchester
M1 2WD

They normally within 15 working days from when they receive your complaint. Hopefully they will resolve it but if for any reason they do not, you can refer your complaint to the Parliamentary and Health Service Ombudsman. Their website is here https://www.ombudsman.org.uk/

I hope this helps and wish you well. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.

Customer: replied 21 days ago.
Hello Thank you, ***** ***** already emailed the school and spoken to them twice so i will send in a complaint and go forward from there.
Expert:  John replied 21 days ago.

Pleasure, I am glad I was able to help. Have a great day.