Advice please regarding assault at work.

Prudent

I am a teacher working in a school for severe behavioural problems. I have been off work for three weeks as a result of two assaults by pupils. The first assault happened in November and resulted in a sholuder injury. The second assault was a blow to the spine three weeks ago. I had seen the doctor three days prior to the blow asking about physio for the previous injury as it was failing to heal. The blow to the spine sent spasms up to the top of my neck and made the shoulder injury worse.

The doctor signed me off school and has given me pain killers and muscle relaxants. But says I really need the physio to repair the damage. The appointment for physio is in a few weeks time.

A member of the management came round about tea time and stayed for about half an hour. She advised me (in an informal way) to seek another job saying the job was physical and I might not be fit to so it. I asked her some very forthright questions. she said I was a highly competent teacher (the inspectors had also told the management this last year in inspection) an said as a single parent this might not be the right place for me. (there is a very high level of staff injury).

Whilst I am certainly considering moving on anyway, I am not happy with this visit. I am off as a result of assaults in their workplace.

I am just interested to hear any other perpectives of this?

Strepsy

Reply from Strepsy's hubby:
You should really speak to the union - even if you're not a member. I would have also thought you would be entitled to some compensation for any injuries.

I don't know if your management member has done anything wrong by suggesting possible options but I suppose there may be a case for constructive dismissal if you did leave. It is the responsiblity of the school to minimise your risks and protect you, so they may have been negligent in allowing two injuries in such a short space of time.

Then again, you may have just been unlucky and you may go another 20 years without any injury at all. I think you just have to remain confident in your abilities, which have been proven, and try to let the other problems affect you as little as possible.

Prudent

I am in the union and will be having a conversation with them tomorrow. It is likely I may be injured again within a short space of time. The injury levels are high. One teacher was just back from the second of two assaults to her head when I went off. staff are constantly sustaining injuries. I am not looking for compensation, but am not happy about the turn this is taking.

ohreally

Your employer has a statutory duty to provide a safe system of work! They cannot absolve their duty under law to comply - it's not voluntary. Have risk assessments been carried out? What support mechanisms are put in place, are they effective and is their suitability monitored? Have police been involved (if not,why?). There may be a case to inform the local council environmental health department (check up on this as your work place is not one I'm involved with), failing that this may be a RIDDOR reportable incident to the HSE. Get you union involved and also the union h&s rep.

Prudent

Officially they do. staff are supposed to be trained in restraint to protect themselves. I was there 13 months before I got training. By then I had sustained the first injury, which I got after being told to assist holding a child. I had refused several times on the grounds I wasn't trained and my workplace had not been happy with this and said I would need to assist. The second assault was more random. A child was being removed a classroom. I was in the room working with other children. I was not involved in the child. As he passed me he punched me in the spine, resulting in injury 2.

The school deny having the form for incident one, although a form was filled in. I filled in a form for incident two before leaving. They do not involve the police and discouarge staff from doing so. One child has caused numerous incidents including several separate incidents of broken bones and as far as I am aware just forms have been filled in.

janeawej

i work with children with extremely challenging behaviour so i do know how challenging it can be, and i do believe that you do them no favours by not involving the police and making them take responsibility for what they have done, are these children over the age of 10yrs? as this is the age of criminal responsibility, do they have severe learning or communication difficulties such as autism which may affect their reasoning ? im afraid i would not hesitate in contacting the police and taking action, the school is in my mind condoning the children doing this by not providing suitable consequenses, is there evidence of risk assessments having been done for this child? where there actualy enough staff present for a safe staff/child ratio? we often work on a 2 staff to one child ratio. sorry to rant on a bit but even though we work in a job which has a high risk of injury your employer should take all reasonable steps to protect you

Zara33

I can't believe you wish to involve the police for kids in a special needs school OMG!!!

Do you honestly think these kids mean/want to hurt anyone? the reason they are lashing out is because people do not understand their difficulties and that's where the problems lie. hence the reason why the are in a special needs school!

Prudent

Zara33 wrote:

I can't believe you wish to involve the police for kids in a special needs school OMG!!!

Do you honestly think these kids mean/want to hurt anyone? the reason they are lashing out is because people do not understand their difficulties and that's where the problems lie. hence the reason why the are in a special needs school!

These children do not have learning difficulties. Sometimes they assault people when they are just lashing out in general and people trying to help them get hurt. Sometimes they assault with the very deliberate intention of harming adults or other children.

I have worked with children with severe learning difficlties such as autism before. Their behaviour is inappropriate and sometimes can cause harm. It is not done with intent to harm and an understanding of the implications of their actions. These children do understand very clearly that they are causing harm to another person and make the choice to hurt them. The issues are different.

molerat

If you are off work for more than 3 days due to an injury at work (including physical violence) your employer MUST report it to the HSE / Local Authority. Have they done this. It is a legal requirement to do this within 10 days of the occurrence.

http://www.direct.gov.uk/en/Employment/Employees/HealthAndSafetyAtWork/DG_4016686

janeawej

Prudent wrote:

These children do not have learning difficulties. Sometimes they assault people when they are just lashing out in general and people trying to help them get hurt. Sometimes they assault with the very deliberate intention of harming adults or other children.

I have worked with children with severe learning difficlties such as autism before. Their behaviour is inappropriate and sometimes can cause harm. It is not done with intent to harm and an understanding of the implications of their actions. These children do understand very clearly that they are causing harm to another person and make the choice to hurt them. The issues are different.[/QUOTE

that is precisely why I asked if they have learning / communication dificulties, these children do not understand the normal world and do hurt people usualy without any intent to do so and are if they are able to do so usualy show great and genuine remorse for their actions

however unless you work in this field it is hard to belive that some childen do deliberately hurt people and show no genuine remorse, these are the children who must learn consequences and what is acceptable behaviour in our society if they are to be able to live in that society, these children may have suffered abuse ect but this is no excuse for their behaviour, it may be a reason but never an excuse, they need to be helped to learn to control their temper and feelings in an appropriate way, and i do feel that is is preferable for a child who for example hurts someone at the age of maye 11 to have to face the consequences of that rather than wait till they cause serious damage to another person as an adult or adolescent, these childen do need to learn how to behave, they may take many experiences to learn but if they are protected from the consequences they will never learn and will be social, outcasts from our society along with the problems that this brings to both parties, oh dear im ranting again but i do feel strongly about this and i want children and young people to be given every chance to learn how to be included in our society along with the benefits that will bring them

seven-day-weekend

Zara33 wrote:

I can't believe you wish to involve the police for kids in a special needs school OMG!!!

Do you honestly think these kids mean/want to hurt anyone? the reason they are lashing out is because people do not understand their difficulties and that's where the problems lie. hence the reason why the are in a special needs school!

Would you like to be asaulted every time you went to work?

A friend of mine is a big strong man, but he is also very kind and empathetic person and he went to work in a school like this for teenagers and he couldn't take it any more after six months.

They are not kids with learning difficulties, they do understand that what they are doing is wrong and don't care. Now, I know they need help, but just letting them carry on with this behaviour with no consequences is not helping them in the slightest IMHO.

OP, I certainly would take union advice and I personally think your Head was way out of order.