Teacher assaulted my son - what to do?

bingo_babe

This is not money saving, nor is this story short - so please bear with me.

One day several months ago, my son was not paying attention in a lesson, and without warning the teacher picked up and hurled a fairly large object towards my son. The object bounced off a desk and struck my son in the face.

I was contacted that day by the head of year to be told of the incident, and that my son would be placed in isolation whilst the matter was 'investigated'. I was told that 'someone' would be in touch in due course.

On the day of the incident my son made a statement about what happened and was shown an incident report that the teacher filed saying that my son had been 'aggressive'. Words were exchanged after the incident - nothing more. The 'incident report' made no mention of the fact he had thrown an object at my son.

My son's stay in isolation went into a second day and no one at the school contacted me with any information as to why he was in isolation for so long or how the matter will be resolved. Incidentally my son sits his GCSEs next year and was learning nothing while sitting in a room. This is 'procedure' I was told.

Having received no feedback within a week, I wrote to the headteacher complaining about the lack of communication. It took a week for a reply to come which gave no information whatsoever. It merely said 'the school is taking it seriously etc' and invited me to the school for a meeting.

Upon the school receiving my letter, my son informed me that a different teacher took fresh witness statements. Not quite sure why that was necessary as I thought the 'investigation' had taken place whilst my son was in isolation.

I arranged a meeting with the head and after asking one simple question the meeting was terminated. The head was unable to provide a concise account of what had happened and who took what action. She needed to obtain ‘advice’ and felt that ‘she was on trial’. It seemed to me that she had not prepared for the meeting at all and seemed out of her depth. She was also reluctant to have minutes taken of the meeting.

I was eventually invited to another meeting. I requested that prior to the meeting that I would like to see the witness statements, incident report etc (under the Freedom of Information Act). Aside from the two undated statements that my son had made, I was refused these (data protection laws), and so I refused to attend the meeting in the absence of these documents that were presumably used by the head to judge whether the teacher was guilty or not of anything.

I made another formal request stating that the names could be blanked out, but the response was the same. In the email correspondence that followed, the head said that upon arriving at the outcome (whatever that is) the teacher's ‘clear record’ was taken into account and that the object hit my son 'accidently' even though I know for a fact that one of the other witnesses also said it was thrown directly in my son's direction.

I find it difficult to see how an object thrown in the direction of someone that then strikes them is an accident. I have been advised that in any case the teacher's conduct is so reckless it amounts to the same thing. I'm not a lawyer so I only have her word.

I have reached the conclusion that a) the school never took the incident seriously in the first place - and only partially begun to take things seriously when I wrote the letter, and in any case the teacher was not found at fault in any way and has not faced any disciplinary action.

I have long suspected that a cover up has taken place – the head I’m sure thought she would apologise and assure me that it wouldn’t happen again etc and that would be it.

I have written to the chair of the governors inviting him to the next meeting with the head to see her incompetence for himself, and he said (a week later) that I must exhaust all avenues with the head first before taking the issue up with the governors.

I feel strongly that the teacher should be held accountable for this and be subjected to disciplinary action. I also want the head to be accountable for the way the matter has been handled.

I’ve unfortunately wasted a few weeks waiting for a solicitor to come back to me, who eventually lost interest. Another solicitor advised that I report it as a crime with the police.

So my dilemma is what to do next. I have considered the pros and cons of the following:

a) instruct lawyers and get a lawyer’s letter sent to the school demanding the info I’m entitled to.

pros - school may take it seriously, cons - expense and time/looks a bit adversarial

b) request the documents again from the head, and regardless of whether she complies, go to the next meeting to hear what the head has to say – even though I can predict exactly what’s coming. Then complain to the governors about the whole thing if I am dissatisfied.

pros - I will have probably followed the right procedure, cons - will be a waste of my time and petrol.

c) complain straight to governors about the lack of documentation provided.

pros – saves pointless meeting with HT cons -probably will be referred back to the head.

d) wash my hands entirely and complain to the governors about the whole debacle.
pros/cons same as c)

e) report it as an assault to the police.

pros – if the police take it seriously, we should get to see the evidence and the teacher gets a warning – ie justice for my son, cons – I suspect they won’t be that interested in acting/may alienate the school/governors.

f) hear what the head/governors have to say and if no action is taken then take it up with the police.

pros - keeps options open, cons – police less likely to want to become involved the longer this drags on – witnesses memories fade etc. Remember also original statements are not even dated so probably not admissable as evidence?

Any advice welcome as many weeks have passed and I would like to conclude this matter as soon as possible. Thanks for reading.

HariboJunkie

Was your son actually hurt in the incident? What was it that was thrown?

It was undoubtedly an unnacceptable action by the teacher but I don't believe for a minute that he meant to hit him. I understand your frustration at the way it has been dealt with but I think involving a lawyer or the police is an unnecessary over reaction so I would go with bringing it to the school governors' attention.

Money_maker

[QUOTE=bingo babe;22932953 my son was not paying attention in a lesson

an incident report that the teacher filed saying that my son had been 'aggressive'. Words were exchanged after the incident - nothing more.

ie justice for my son[/QUOTE]

Your 15 (?) year old son was aggressive and not paying attention in class. An object was thrown at him by the teacher which ricocheted off a desk and hit him.

You want 'justice' for your son by reporting it to the police?

What were his injuries?

diable

I wouldn't bother if he was messing around around he was messing around and deserves what he got. If you are serious about pursuing this the instruct a solicitor to act on your behalf and take it from there.

skintchick

This isn;t helpful, but when I was at school teachers used to chuck stuff around all the time and no-one ever complained. It's hardly assault. (and I'm only 34 so not exactly ancient!)

diable

skintchick wrote: »

This isn;t helpful, but when I was at school teachers used to chuck stuff around all the time and no-one ever complained. It's hardly assault. (and I'm only 34 so not exactly ancient!)

I am 45 and fell over in the play ground can I sue someone lol

facingthefuture

First of all it is not ok for your son or the teacher to be aggressive. Be really honest with yourself - do you think he was or was likely to have been aggressive. At that ages lads can be a bit hormonal and if he regarded himself as being belittled could have reacted rather aggressively.
Secondly - are there many witnesses? If so go ask them what happened and don't 'side' with your son, get them to be honest.

If they say he was aggressive I would warn him it will seriously dent his future if he keeps it up and there will be more immediate consequences. I would then let the teacher thing pass as an understandable but unprofessional reaction.

If they say your son was not aggressive and was merely daydreaming and the teacher fired the thing then I would certainly take it further.I would notify the school in writing I want an immediate written apology and all record of this incident removed from you sons school records forthwith or you will notify the police and the education authority. I would also ask around to see if this teacher had acted in a similar aggressive fashion to anyone else.

Incidentally, I was extremely well behaved at school but was a day dreamer and a teacher once threw a duster at me. I promptly picked it up and fired it straight back. The whole class was terrified of this fearsome teacher but from that day on he treated me with a degree of fondness! However, if somone did it to my child I would count it as bullying UNLESS my child was aggressive.

Sparky09

What to do?...buy the teacher a small thank you gift for showing your son he should not get away with being disruptive and ruining everyone else's education.

Lets not beat around the bush...this is about compensation! If your honest, maybe someone will sympathise and help you out, but you don't mention it once above! Why else would you get solictors and lawyers involved!

Clearly it was an accident, by making such a fuss over it you're showing your son he can get away with what he likes.

shellsuit

When I was in high school, I was gabbing away with my friends in class, when the teacher smacked me bang on the the top of my head with a heavy, full lever arch file.

I had a bulldog clip in my hair (remember those? lol) and the teeth snapped and dug into my head which made it bleed.

I just walked out of class and came home (I was in that much shock!). Mum went to the school and advised them that I wouldn't ever go back into a lesson by that same teacher.

And that was that.


OP, The teacher by your own admission didn't throw the object AT your son. The teacher flung it, it bounced and then hit your son.

jd87

Sounds to me like the teacher banged the object down on the desk in front of him - my teachers (only a couple of years ago) used to do this all the time and it's always meant to be a completely non-contact act. It seems that this time the teacher got unlucky and it accidentally bounced off the desk and hit your son.

No reason to ruin a teacher's career over a harmless accident.

bingo_babe

First of all my son is not an aggressive child. He was merely talking with some kids and the teacher lost his temper and threw a broom head from about 3 metres. The teacher was at one end of a long desk, my son at the other. He was hurt, but there were no physical injuries.

His initial reaction was shock and he swore at the teacher. This is what the teacher described as 'aggression' in the incident report - although he conveniently forgot about his own aggression that led to it if you see what I mean.

The incident was witnessed by around 10 kids. One of the kids told me that he said in his statement that the object was thrown in the direction of my son. The object bounced about a foot from the end of the desk striking my son.

Yes my son wasn't paying attention, but I don't think the teacher's response is in any way justified. I am not looking for compensation at all - just the teacher and the headteacher to be accountable.

Back in the day teachers used to throw chalk/board rubbers etc but this type of behaviour isn't allowed anymore is it?

Thanks for your views/comments.