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Barred from Science (Health & Safety reasons)

MulgaBill

Our oldest boy (he's an Aspie) has just moved up to S2 (we're in Scotland) and, as well as all the usual turmoil involved in changing classes, he came home today to tell me that "I was locked out of Science". When I asked what had happened, he said his new science teacher had shut the classroom door in his face and locked it. He didn't know what was happening, so he stood outside the classroom until his guidance teacher eventually showed up. She told him that he wasn't allowed to do science for "health and safety reasons", and he'd have to spend science classes doing "other things" in the special needs area. It's ludicrous as science was his best subject in S1 and the teacher he had throughout never had a safety issue with him.

Has anyone managed to challenge a decision like this? And how?

BTW, I'm on my fourth letter to the school in 10 days to the school, copied to the QIO and Head of Education, not that they ever reply or take any notice. Yesterday's letter was about our boy being kept out of all his classes for an entire day, so he played computer games and watched videos in the special needs area. He doesn't know why and no one from the SMT was available to explain why. (He was quite happy to have a "day off", but I'm not.)

Parents

  • Hi IntenseWorld,

    Sorry to go on about this, but what you have posted is misleading.

    The police page is talking about what makes something that is already a crime into a hate crime. This is what is called an aggravating factor, and it can lead to more severe sentences for people who are convicted of such crimes. This is something that is dealt with in a criminal court, with a judge and a jury, prosection and defence lawyers, and so on.

    But the Equality Act, which is where the 'reasonable adjustments' principle comes from (it used to be in the Disability Discrimination Act), is not defining crimes. It's setting out duties for public bodies and other corporations; if they fail to meet those obligations, someone who is harmed by that can bring a civil case. This will be decided at a tribunal, or by suing the corporation in a civil court. This is handled differently; someone who loses a civil case is not guilty of a crime, and is not sentenced to punishment - they're just held responsible for the harm to the other person, and ordered to make it up to them in some way.

    The police are really not interested in civil cases; the police are there to prevent and investigate criminal acts. (The Crown Prosecution Service, or in Scotland the Procurator Fiscal, actually brings the criminal cases to court.) If you think you're the victim of discrimination, rather than a hate crime, you need the advice of a lawyer, not a police officer.

    I hope this is clear.

    Regards,

    Alex

Reply

  • Hi IntenseWorld,

    Sorry to go on about this, but what you have posted is misleading.

    The police page is talking about what makes something that is already a crime into a hate crime. This is what is called an aggravating factor, and it can lead to more severe sentences for people who are convicted of such crimes. This is something that is dealt with in a criminal court, with a judge and a jury, prosection and defence lawyers, and so on.

    But the Equality Act, which is where the 'reasonable adjustments' principle comes from (it used to be in the Disability Discrimination Act), is not defining crimes. It's setting out duties for public bodies and other corporations; if they fail to meet those obligations, someone who is harmed by that can bring a civil case. This will be decided at a tribunal, or by suing the corporation in a civil court. This is handled differently; someone who loses a civil case is not guilty of a crime, and is not sentenced to punishment - they're just held responsible for the harm to the other person, and ordered to make it up to them in some way.

    The police are really not interested in civil cases; the police are there to prevent and investigate criminal acts. (The Crown Prosecution Service, or in Scotland the Procurator Fiscal, actually brings the criminal cases to court.) If you think you're the victim of discrimination, rather than a hate crime, you need the advice of a lawyer, not a police officer.

    I hope this is clear.

    Regards,

    Alex

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