Teacher Dismissed for Allegedly Defending Themselves From a Pupil With a Weapon.
I was sent the following email two days ago, which I have been given permission to share with you (name redacted at request).
This is not the first time I have had someone contact me who has experienced a similar situation in a school, ie., defending themselves against a child and then being disciplined and dismissed.
For your info the training provider has allegedly stated that the ‘technique’ used was not in their syllabus and so they can’t (or won’t) support her (and I’ve been involved in court cases involving teaching staff where the same training provider didn’t offer any support either).
I have responded to this person and advised them of what course of action to take for which they are very grateful.
Obviously I have only this person’s account to go on and I don’t know them and have had no previous contact with them prior to them sending me the email below.
The email I received is as follows:
“Hi Mark
I have read the many articles on your website very interesting and knowledgeable.
I am 54 years old, have a disability from a brain tumour, am deaf as a result and have social anxiety which I take anxiety tablets for which the school is aware, the school has not done a RA for me and work in a PRU school.
I was violently attacked by a child who should not have had shoes on according to his RA and was excluded from the PRU but was in on a short day timetable. I used self defense and now I am getting dismissed.
The headteacher has manipulated the 2 witnesses giving them promotion and cherry picked the footage deleting all the footage that shows the main attack.
The pupil had a weapon.
I was injured and took pictures I reported this assault to the police who confirmed the attack and that I used Tacc Comms as self defense and minimal. I also gave the child a warning to stop.
I extended out my leg to present a barrier to stop the child attacking me, no contact made and I raised my hands up to stop the child hitting my head the child moved back and I have been accused of pushing him although no contact made evident by the 15 sec footage.
I have accessed counselling, support and victim support due to the distress.
I am now getting dismissed with no future employment, financially this is impacting, my son is angry and worried and my 30 year marriage is under strain.
My mum also died suddenly a few weeks ago.
Please please can you advise, help my life and family life is being destroyed.
The school has failed its ofsted inspection on behaviour.
Plus the training is xxxx xxxxx which I had over 3 years ago
Thankyou
[Name redacted]”
Here’s the reply that I sent to the person who sent me the email:
“Hi [Name redacted]
Thank you for your email and I’m sorry to hear of your circumstances.
I’ve put links to three blog posts that should help you with regards to what you have described.
Also, if the school is dismissing you in the circumstances as you describe them then you have grounds to take them to an industrial tribunal and I would advise that you speak to a lawyer about that as well as your Union representative (who should be able to assign a lawyer to your case) and/or seek advice from your local Citizen’s Advice Centre if you do not have a lawyer or union representative as they may be able to help you with legal advice.
You could also make contact with the HSE (Health & Safety Executive) because as this is a safety issue involving risk assessments, which may have resulted in a breach of the duty of care owed to you, they may (resources depending) be able to investigate here.
As the school has failed it’s Ofsted inspection on behaviour as you describe, then it may be worth getting in touch with Ofsted too seeing as it appears that ‘behaviour’ has resulted in you being in these circumstances.
If the school has also intentionally destroyed evidence then that is a criminal offence and you need to speak to the police about that, but ideally, that is something a lawyer should do on your behalf.
You also mention that you had xxxx xxxxx training over three years ago. Normally any positive handling/restraint/breakaway training is refreshed annually so three years between refresher courses seems a long time. That again is something that could be raised as an issue with regards to the duty of care owed to you by the school.
I hope that helps.”
I hope this helps someone else out there and if you or a friend or family member has a problem that they’d like some free and impartial advice on please feel free to contact us via this form here – https://nfps.info/contact-nfps/
Best Regards
Mark Dawes