It's Not Fair…Then You Die

and therefore everyone has the right to be treated equally….therefore this letter was penned after an incident after returning from a foreign trip and travel plans went awry…. would like to know if you think it a fair letter? A pupil has erroneously been accused of swearing at a teacher. All names and places have been removed.

Dear **** *****

Thank you for taking my telephone call on ****** ** ******* with regards to the recent *** **** **** ** ******. Firstly, I would like to apologise again for any poor behaviour displayed on the trip by **** and any poor attitude subsequent to * return to school. Secondly, I would like to reassure you, that although I am putting the issues I have in writing, at present I still consider this to be an informal matter being dealt with between ourselves. However, I find my position, as a parent disappointed by  *’s actions and supporting the schools disciplinary code, being called into question and as such feel it advisable to tangibly record my concerns.

As you are aware I have several issues. The first being the incident at ****** ******* Station and the second with regards to how the matter has subsequently been dealt with within school. The matter of lack of communication was a minor aggravation at the time but is a significant part of health and safety, risk assessment and at the heart of planning a school journey.

In terms of civil liability, teachers have obligations referred to by lawyers as a common law duty of care. All teachers owe a duty of care to exercise their professional responsibilities within the school environment or as part of their extended duties.

Another area of the law that impacts on school trips is health and safety.  Sections of the Health and Safety at Work Act 1974, coupled with the Management of Health and Safety at Work Regulations 1999, require employers to carry out suitable and sufficient risk assessments to be able to show that as a result, they took all ‘reasonable precautions’ in terms of supervision and protection before and during the trip.

 In leaving ****** at ***** ****** Station with an invalid ticket, no means of communication, no Oyster Card and no financial means of obtaining a ticket to complete * homeward journey it is my belief that the leader of this trip failed in his duty of care. When the problem was highlighted it is my belief that the leader of the trip was unsupportive and unsympathetic. It is unfortunate that the leader of the trip had to miss his train in order to rectify his original mistake and whilst appreciating that all concerned were under duress it is also my belief that it is the responsibility of the leader of a trip to maintain the comfort, personal safety, and well-being of those within their care and possibly consider those before their own. Teachers are obliged to take all reasonable measures to ensure that every child under their control and supervision is safe and protected from any unacceptable risks. The teacher must be careful not careless. Being careless is, in legal terms, being negligent.

When undertaking risk assessment you have to consider what could go wrong and have alternative arrangements for travel, emergency procedures and communication. Schools have a duty of care towards pupils and in an activity where there is an amount of risk, as part of legal Health and Safety duties, the school will need to show that there was effective communication at all levels.

A framework was put into place and details handed out at the pre-trip meeting but when the trip ran into problems no official communication was received from the school or any of its representatives. I would like to thank you for agreeing to look into why this occurred.

On ******’s return to school I can understand that there might have been sufficient grounds to discipline * but feel that it has not been handled correctly. Many of the points we have already discussed but I would like to reiterate the fact that every child has the right to privacy. It was not appropriate that * be disciplined in a corridor within earshot of a class. It was not appropriate that the reason for * being disciplined was then discussed with the class and it was not appropriate that an inaccurate statement was made. Thank you for agreeing to look into this matter.

I do not think it was right to exclude * from a different subject, I do not think it right that * is excluded from all ****** lessons, not just the lessons being taught by ** *****. I do not think it appropriate that a teacher should advise a pupil “No-one in the department wants to teach you.” This may in fact be the case but it is not professional, neither will it expediate *******’s return to lessons. I wish I could choose who I worked with/taught purely on the basis of if I ‘wanted’ to or liked them.

I do not think it correct that a letter vetted by the Head of Year and deemed as acceptable be refused. I have been informed that when a letter of apology written by the other student involved in this incident was handed over, it was returned with a comment along the lines of “I am not accepting this now. I will only accept it if you give it to me later, in front of ** *********. You embarrassed me in front of people. I am going to embarrass you in front of him.”

It is not the right of a teacher to deliberately set out to embarrass a student. No child should be punished in a way that humiliates them. 

I have apologised, ****** has apologised; we should all be working together to move on and I thank you for your input in this matter. Many schools operate along the guidelines of having a fresh start to each lesson where previous problems are not referred to. Regretfully this does not seem to be happening at present.

I also have some questions with regards to * internal exclusion. Internal exclusion is an excellent sanction to accommodate those pupils who have been removed from a lesson at very short notice for poor behaviour. It offers immediate, short-term provision in order that learning and teaching for the majority of pupils can continue uninterrupted. But periods of internal exclusion should be for the shortest time possible. I therefore found it rather disquieting that ****** advised me on Friday that ** ***** indicated that he might not even be prepared to teach * after half-term.

 It is good practice to develop a clear and shared understanding between all staff, students and parents and about the policy and practice involved in internal exclusion. There should be a transparent referral system and the reasons for the referral should be made clear to the pupil and parents. Bearing in mind ****** is to be excluded for a period of longer than a week I do feel it would have been appropriate that I had been informed of this decision by the Head of Department.

With regards to the work being set whilst ****** is not attending ******* lessons I would be most grateful if you could confirm what the work will be. During *** *****’ lesson I believe * undertook a test set for the entire group but for the lesson * could not attend being taught by **** *********, * was handed a list of work * has apparently missed. From my limited understanding of internal exclusion it is recommended best practise that this time should not be used for pupils to catch up on coursework.

I fully endorse the school’s right to discipline. I am sure we are in total agreement that should any individual be disrespectful, neglect to take into consideration the rights of others, lose self control, be derelict in their duty, behave inappropriately, fail to adhere to rules, guidelines and policy or fail to uphold the expectations of the school/parents they should apologise and face the consequences of their actions. Once again thank you for your time. I look forward to your response.

Recently reading an account of memories I stopped short and considered my own. Are my memories of an event the same as others, or like compared witness statements, do they vary in detail depending on point of view, age and personal experience? Does this make mine fake? Distorted? A falsehood? Over time do we lie to ourselves to justify events, or do we remain true inside with the outward recounting slightly warped? Perhaps it is just the inexorable passage of time. Time, our enemy, silently erasing essential elements into obscurity.

Surprisingly some recollections soften around the edges, eroded by the winds and rain of life. Why is it then others remain sharp, a knife that twists in our guts, a jagged tear, bleeding, raw, never healing. Could it be that, like natural weathering, the soft inconsequential sediment gets washed away while the hard impenetrable rock remains?

Memories, an overcoat that either keeps us warm, sheltered, safe, or a hair shirt that finds us constantly agitated, ripping at our skin, howling at the moon, why do we continue to wear them as if serving a penance?

Even the most pleasant reminiscence may be tinged with sadness because we have the misfortune to also remember what came next, the pride before the fall, the party before the hangover, the date before the recriminations. Most of my musings are melancholy. I have a deep, dark pit of despair and no means of climbing out. Occasionally hands reach out from the gloom, groping blindly into the abyss, but I can’t seem to grip them, hang on. It’s the nightmare of running down a never ending passage, calling out the name of a person who never hears or if they do never turns round. Why can’t I let lesser ones heal? Relentlessly picking at the scab until it bleeds again or leaves an unsightly scar?

I am not alone. It doesn’t make it better.

This post will either get amended after the event or a new posting made. The 2 boys who tortured their “friends” will be told today what the consequences of their actions will be. Whatever the judge decides will it be enough? WIll it actually achieve rehabilitation? Even if it does would we ever be able to forgive them? Time and time we ask ourselves why do these things happen? Why aren’t they stopped. Bottom line is that no-one in the chain of events ever makes a decision. Political correctness gone mad to really simplify it. Children are regarded as “being better left with family.” In some of the cases that I am aware of, no they aren’t!

In my line of work it is not actually my resonsibility to deal directly with cases. If I spot issues I pass them on, it is then out of my hands, we have to “wait and see” we have to “wait for” other agencies, reports assessments, social care that does not function. One example naming no names, areas, genders, a child never attends school. Has been moved to a new school then back again like a yoyo. Lucky if they attend one day a week, There is a younger sibling with equal lack of attendance. Schooling falls behind, they cannot cope with what is being asked of them, not that they are not bright or average children just they have never had the chance to pick up the basics and build upon them. At home there are 2 more, a toddler and a baby. This is the reason mum gives for not hearing them read, learn spellings, do tables. She cries, declares she would be better off dead, why can’t they take her children away? The youngest school age child was shoved out the front door and locked out because “I couldn’t handle her no more.” A fine for non attendance hasn’t altered the situation. A meeting with an outside agency was missed because she had to take her latest fling to an appointment elsewhere? Non attendance to school continues ….  Oh and guess what…….we are pregnant again. So with no time for the four existing children, a confession of not being able to cope, baby number 5 by father number 5 is on the way……………..

Ok, so it would be interferring with her human rights to be extreme and sew her legs shut but what about the human rights of her children?

…I quite like the blogisphere, when I have several moments to spare I enjoy wandering thru the ether and the ephemeral witterings of others. Following the maze like jumble of blogrolls is a wonderful journey for the mind. Sometimes it does my blood pressure no good when I stumble across blogs where I would like to comment back  but to do so you have to “join this” or “sign up” to that. No ta. I would just like to comment fleetingly upon a post and carry on wending my merry path along the fibre optic way.

Some blogs I open and read several posts, clicking the “older posts” button as I love the style of writing or their observations on life, others I click and close straight away. I have discovered that there definately are several styles of blogging I like, if you write a post that fills 2 pages, sorry, I won’t be stopping long. I seem to have discovered that there are an awful lot of professional published writers out there who blog. I don’t mean the esteemed Neil Gaiman who I love ( don’t panic Neil you’re safe, I don’t mean love in that sense… tho you probably don’t know I exist or read this so I should really have no need to write the disclaimer but I shall just in case…..)

I mean journalists, writers for TV etc. Some of these people as just so far up their own arses it’s untrue. Lighten up people its a BLOG. It doesn’t always have to have “merit” it can just BE! I hate blogs that have huge time lapses and people bounce back with “sorry I haven’t written for ages I have been busy.” No shit Sherlock, I thought it was because you were deliberately tormenting us, starving us of your witty repartee. Pensive contemplation of your lack of postings gave rise to the image of you sitting in front of your PC going “now I know I did something REALLY interesting today and you really want to find out how I stubbed my big toe, fed the cat, watched TV but I shall make you SUFFER and not tell you”

Mind you having said that some blogs that tell you that kind of info are so well written and have excellent observational quirks if you didn’t spill the beans I would be disappointed ;o. Over the next few days I may actually add a few more to my blogroll…they are in my favs atm. lets see if I think they warrant being added…..

ps I hate huge lumps of text with no paragraphs… hastily adds some…. ps I also hate bad spelling, I know some people have dyslexia, or aren’t so hot with words, but sadly I really am a spelling snob…. (hastily checks back post)