If you are stuck in such a situation, here is what to do.
A parent, Mr. Peterson, recently shared his alarming experience. His daughter, Chloe, is a pupil at the Meadow Vale Junior School in the town of Oakhaven. Last week, the school sent an urgent email to all parents, revealing that an individual enrolled as a student was discovered to be an adult. The police had been called to the premises earlier that week and had removed the person. The school has promised a meeting to address parents’ concerns, but Mr. Peterson is rightly worried about a potential failure in the school’s duty of care. His primary goal is not financial gain but to ensure the school is held accountable for this severe safeguarding lapse.
Advice in such cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.
Document Everything: Keep a detailed record of all communications from the school, including emails, letters, and text messages. Take notes during any meetings or phone calls with school staff.
Attend School Meetings: Go to the parent meeting prepared with specific questions about the school’s admissions, vetting, and safeguarding procedures. Ask what checks were performed on this individual and why they failed.
Report to Authorities: You have the right to report your concerns to the Office for Standards in Education, Children’s Services and Skills (Ofsted) and the Local Authority Designated Officer (LADO), who is responsible for managing allegations against adults who work or volunteer with children.
Unite with Other Parents: Collaborating with other concerned parents can strengthen your position and show the school the widespread nature of the concern.
Applicable Sections of Law
In the UK, several legal principles and statutes are relevant in such a case:
Common Law Duty of Care: All schools owe a fundamental duty of care to their pupils. This means they must take reasonable steps to protect children from foreseeable harm. A failure to properly vet an individual applying for a student place could be seen as a breach of this duty.
The Children Act 2004: Section 11 of this Act places a statutory duty on schools to make arrangements to safeguard and promote the welfare of children. This includes having robust procedures to ensure unsuitable people do not gain access to children.
Keeping Children Safe in Education (KCSIE): This is statutory guidance that all schools and colleges in England must follow. It outlines the legal duties to safeguard children, including safe recruitment and vetting. A failure to adhere to KCSIE is strong evidence of a safeguarding failure and a breach of the school’s duties.
Safeguarding Vulnerable Groups Act 2006: This Act established the Disclosure and Barring Service (DBS). While DBS checks are standard for staff, the school’s admissions process should have included rigorous identity and age verification checks to prevent such an incident.
If you are the complainant
As the parent, you are acting on behalf of your child. Your legal standing is based on the duty of care the school owes directly to your child. You can initiate a formal complaint with the school’s governing body. If you are not satisfied with their response, you can escalate the complaint to the Department for Education (for academies and free schools) or the Local Authority (for maintained schools). A civil claim for negligence is also an option, though this typically requires proof that your child suffered specific harm (e.g., psychological distress) as a direct result of the breach.
If you are the victim
In this scenario, all children at the school are potential victims of a serious safeguarding failure. For a legal claim, a “victim” is generally someone who has suffered direct, demonstrable harm. If a child was specifically targeted, bullied, or traumatised by the presence of the adult, their case for compensation would be significant. Any legal action for a minor must be brought by a “litigation friend,” who is usually a parent or guardian.
How the police behave in such cases
The police’s first priority will be to investigate any criminal offences the adult may have committed. This could range from fraud by false representation (for deceiving the school to gain entry) to more serious offences, depending on the individual’s motives and actions while at the school. The police will conduct a thorough investigation, which may involve interviewing the suspect, school staff, and, if necessary, pupils (using specially trained officers). They will work closely with the LADO and social services but will be limited in what information they can share with parents to avoid compromising their criminal investigation.
FAQs people normally have
Can we sue the school for this failure?
Yes, pursuing a civil claim for negligence is a possibility. To be successful, you must prove that the school breached its duty of care (e.g., by having a flawed admissions process) and that this breach caused your child to suffer actual harm.
What if no children were physically harmed?
Even without physical harm, you can hold the school accountable. A formal complaint to the school governors and Ofsted can trigger inspections, force policy changes, and lead to disciplinary action against staff, ensuring it doesn’t happen again. A legal claim for psychological harm is also possible but requires medical evidence.
Who is legally responsible—the school or the local authority?
This depends on the school’s status. For a community school maintained by the Local Authority (LA), the LA may bear some responsibility. For academies, free schools, or independent schools, the academy trust or proprietor is the responsible body. A solicitor can clarify the lines of accountability.
What evidence is required?
To build a case or a formal complaint, you should gather:
- All written communication from the school about the incident.
- Copies of the school’s official safeguarding and admissions policies.
- Detailed notes from any meetings or conversations with school officials.
- Contact details of other parents who share your concerns.
- Any reports or findings from Ofsted or the Local Authority investigation, once available.
- For a claim of harm, reports from a child psychologist or other medical professionals are crucial.
How long will the investigation take?
The timelines can vary significantly. The school’s internal review should take a few weeks. A police criminal investigation could take many months, especially if it proceeds to a trial. Complaints to regulatory bodies like Ofsted also take several months to be fully investigated. If you decide to pursue a civil lawsuit, the process is lengthy and can often take more than a year to conclude.
Advocate Sudhir Rao, Supreme Court of India