101 Falmouth Road, Hodge Hill, Birmingham B34 6EJ
I hope that children will grow up to play their part in the adult world, to exercise their rights and more importantly to meet their obligations and responsibilities whether it be to family, friends, community or the world around them. Parents start preparing children for the adult world from day one, teaching the first words to reading and writing it is a challenging task which at times requires some delicate decisions. This is why I think parents have a difficult decision when from time to time they take children abroad. Asian families I believe find it important that children do not loose the knowledge and uniqueness of the two countries which they are indeed part of.
One parent believed his son was unfairly excluded from school. He had taken permission to take his son for a 10 day family festival visit abroad. He couldn't return in that time and the school removed his son from the school roll for being away for 20 days.
The father had exhaustedly sought help from the school, Birmingham's local education authority and local councillors in a effort to restore his son's placement. The school and local education authority acted as if the father was seeking the return of his son following some serious discipline issue which resulted in a permanent exclusion. The father was invited to a admission appeal. Not only was this not the right course of action but the appeal was itself flawed and misleading as it was referring to infant class sizes. Due to over subscription at the school the appeal was dismissed.
The father continued to complain and sought help for what he believed to be the unfair exclusion of his son from school. Two years had passed in which time alternative education was provided and he had started a separate school. By chance my uncle invited the father to discuss the matter with me. The explanation was simply put to me as the exclusion of his son from school was unfair because within 15 days a doctor's report was faxed over with an expected date of return but the school still persisted to exclude his son.
At the outset I believed the school's decision was inconsistent with its legal requirements. The school refused to accept it had acted contrary to its legal requirements which was subsequently endorsed by the local education authority.
I put to the local education authority my view that the endorsement was flawed because it did not take proper account of the wording of the the Education (Pupil Registration) (England) Regulations 2006. A pupil may only be removed from a school roll under very specific circumstances. The school relied on section 8 (f) of the Regulations. That applies to a pupil granted leave of absence exceeding ten school days. This was a case in which leave had been granted for only 10 days. Ten is not the same as exceeding ten days therefore his removal from roll was not in accordance with the Regulations.
The local education authority refused to accept the view which resulted in my bringing the matter for the attention of the Ombudsman. Initially the Ombudsman considered a jurisdictional issue with the actions of the school but came to the conclusion that the appeal papers from the local education authority were flawed and misleading as it was referring to infant class sizes.
I disagreed with the Ombudsman opinion on jurisdiction and eventually the case was settled in the pupils favour and his placement had been restored in his original school and offered £1000 as settlement for the loss of his education.
Respectfully the school effectively excluded a pupil when it had no good reason to do so and without affording him any of the procedural protection afforded by the established system. When parents come from a difficult background with lack of education they will do what they can to provide education to their children which by no means they take for granted themselves. But unless established system are enforced properly when matters are made to the attention of the relevant persons children may not be able to meet their obligations and responsibilities when they become adults.
For the full decision by the Local Government Ombudsman please click here.
If you or anyone you know who may have a similar problem has difficulty in getting help please contact Gus Hussain for information.
Ethnic minority members of the community who have strong family ties abroad are likely to ask for Schools to give leave for them to take their children abroad.
It is very wrong for Education Authorities to remove children from the School roll unlawfully in these circumstances. Issues like these are not at all helpful
to work done to improve community relations and peace.