How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Chris The Lawyer Your Own Question
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22322
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
32702153
Type Your New Zealand Law Question Here...
Chris The Lawyer is online now
A new question is answered every 9 seconds

I have been suspended from school until i get mentally

Customer Question

hi there i have been suspended from school until i get mentally assesed i am completely sane
Submitted: 3 months ago.
Category: New Zealand Law
Customer: replied 3 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 3 months ago.
To whom it may concern.
Hi there hope the evening went well, just wanted to inform everyone that I spoke to some students that expressed concern (Neil and Sam V). And told them what you have done with the information. Sam said "They have completely spun my words round" and Neil said he wants to make a complaint about how you have all handled the situation. None of you are specialist psychiatrist and I think I am in my grounds and human rights to say that this situation has been exploded excrementally and I think that I have no right to be banned from school for having a leg sprain but in my head instead of my leg.
Please to not take this email as me being rude in anyway I have just been very offended and feel I have been bullied by everyone in this email today and am standing up for my rights as a human being.
Yours Sincerely,
Oliver ********
Customer: replied 3 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Video Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Chris The Lawyer replied 3 months ago.

I am now reading this

Expert:  Chris The Lawyer replied 3 months ago.

I do need some more information, are you still keen on having a Skype call?

Customer: replied 2 months ago.
Hey there yes I am still keen for a skype call, sorry for the late reply my skype name is:olliejrj
Expert:  Chris The Lawyer replied 2 months ago.

When would be a good time to call?

Customer: replied 2 months ago.
If tonight doesn't work round 12:35 tomorrow works fine, anywhere between 12:40 and 1 is a great time to start the call as I have school at 1:25 but a lunch break between 12:35-1:25.
Customer: replied 2 months ago.
What was your name on Skype just so I know I'm adding the correct person
Customer: replied 2 months ago.
Also am I correct in stating that there is no extra charge for the Skype call?
Expert:  Chris The Lawyer replied 2 months ago.

There is an extra charge, but I need to know more about your situation so that any call is effective.I assume you are still suspended, but need to know your age and level at school, and whether you have support from your parents. I can tell you about school discipline and what they can and cannot do, but I really need to know more about why you were suspended, for how long and whether you had proper process from the school.

Expert:  Chris The Lawyer replied 2 months ago.

Its fairly late now so perhaps you can prepare this and we can talk tomorrow. Are you back at school?

Customer: replied 2 months ago.
it was only a two day ban, not technically a suspension as there was no paper work involved, year 13 and I'm at St Andrews college in christchurch
Customer: replied 2 months ago.
The issue now is they have kicked me off the Tanzania trip I had planned and played to go on that is commencing in 5 days and they only made the decision last week
Customer: replied 2 months ago.
They are saying there is a chance for a slight refund and as it cost over $9,000 mum wants the school to foot the while bill
Expert:  Chris The Lawyer replied 2 months ago.

Do you have support from your parents?

Customer: replied 2 months ago.
I have had to go see two mental specialists, a psychologist and a psychiatrist it may help to read the psychiatrist report as it would get a great understanding of the events at hand
Customer: replied 2 months ago.
full support from my parents they see that I have had no mental change and think the school is completely over reacting
Expert:  Chris The Lawyer replied 2 months ago.

This is a situation where your parents may have been able to get some relief in court, but it is likely to be too late. The medical reports should not be posted as this site can be searched, which is why it is anaonymous. Have your parents made any representations to the board?

Customer: replied 2 months ago.
I'm am legally allowed to share this report to anyone as long as its my consent its only illegal if you share it
Expert:  Chris The Lawyer replied 2 months ago.

This site is really for more general advice, and it would have been a good idea to instruct a lawyer to negotiate with the school due to the amount at stake. Was there any lawyer involved?

Customer: replied 2 months ago.
I do not want to take this to court as my struggle financially I want to see if there is some way that they have to legally pay up the money
Customer: replied 2 months ago.
My family struggle*
Customer: replied 2 months ago.
no, no board communication has been made, to my understanding the board was not involved with the decision and it was made by our rector of the school Mrs Leighton
Customer: replied 2 months ago.
Nope no lawyer
Customer: replied 2 months ago.
I'm just wanting some general advice as to what I can take to the school
Customer: replied 2 months ago.
I am not wanting court or lawyers involved at all apart from contacting you
Expert:  Chris The Lawyer replied 2 months ago.

I note the psychiatrist does not support the trip. But I do wonder if the procedure has been handled as well as it should. This may mean a better chance of getting the money back

Customer: replied 2 months ago.
that's what i thought, there has not been a proper investigation to come to a conclusion
Expert:  Chris The Lawyer replied 2 months ago.

This could be something you could take to the Disputes Tribunal where you dont need lawyers. The school would likely try to settle the claim in that event. You are of an age to bring the case yourself-would that be something of interest? Otherwise the issue of failure of procedure would normally be dealt with by a court, which may not suit your needs. Or the other alternative would be mediation with the school.

Customer: replied 2 months ago.
The take I wanted to have was to come from an angle that, one; I have no medical issues and the school have never had any issues with me, two; the psychiatrist confirms this, three; I signed up for this trip in December last year so if they had concerns for me they should have taken me out well in advance, four; the psychiatrist mentions that the reasons for not recommending Tanzania is due to the risk of sleep deprivation, any one on the trip is prone to sleep deprivation and everyone has the same symptoms to it so what is the issue ?
Expert:  Chris The Lawyer replied 2 months ago.

As someone who travels extensively, sleep deprivation is not a minor issue-jet lag can be very debilitating. But you know your own capacity.

Customer: replied 2 months ago.
I am fine with bringing the case myself I am an educated boy who has a couple of mates that know a lot about the acts that I need to look into and acts they have read themselves, and am veer
Customer: replied 2 months ago.
am very interested in this kind of alley
Customer: replied 2 months ago.
But on the other hand mediation would be a better course to take I believe
Expert:  Chris The Lawyer replied 2 months ago.

Are you interested in the disputes Tribunal option or mediation? The tribunal referees will often try to mediate a case in any event

Customer: replied 2 months ago.
But if a full refund cannot be taking out of the schools pocket the disputes tribunal may be the best option
Customer: replied 2 months ago.
Would there be any costs involved at all on my behalf at the tribunal?
Expert:  Chris The Lawyer replied 2 months ago.

They have a sliding scale of fees

Expert:  Chris The Lawyer replied 2 months ago.

If the total amount sought under the claim is less than $2000$45

If the total amount sought under the claim is $2000 or more but less than $5000$90

If the total amount sought under the claim is $5000 or more $180

Expert:  Chris The Lawyer replied 2 months ago.

Thats the full amount you pay. A private mediator would cost more but the school may be willing to pay

Customer: replied 2 months ago.
OK so basically its completely worthit as we could only be getting $2000 back or less therefore its over $7000 in claims so $120 isn't bad at all if its round there
Expert:  Chris The Lawyer replied 2 months ago.

Your argument would be that even if there was a no refund policy, that the procedure they used was unfair particularly so close to the time of the trip

Customer: replied 2 months ago.
I can completely handle myself with jet lag, I have had a couple of cases of I somnia getting settled into school again at the start of this last yea rwhere for a week straight I had very little and on some nights no sleep and fully function at school
Customer: replied 2 months ago.
Due to those cases I have a very high tolerance to tiredness and do not feel tired easily though I am on a normal sleep pattern
Expert:  Chris The Lawyer replied 2 months ago.

The psychiatrist isnt as optimistic, but if you have travelled then you will know your own recovery rates

Customer: replied 2 months ago.
That's my case exactly they should have kicked me off earlier if they didn't want me to go
Expert:  Chris The Lawyer replied 2 months ago.

The school will rely on that report I believe

Expert:  Chris The Lawyer replied 2 months ago.

That is I think your stronger point, they should have made the call earlier. I assume like these school trips you had to pay some time ago though

Customer: replied 2 months ago.
The reasons they kicked me off are not valid as everyone will have sleep deprivation on the trip and in my mind and a lot of my friends and parents because I was tired i cried on the bus not because of the kids stating at me but due to the teacher who is a good mate of mine telling me to stop being a show off and get down from the tree
Expert:  Chris The Lawyer replied 2 months ago.

Other school students can be merciless sometimes

Customer: replied 2 months ago.
As a very close hobby of mine is climbing trees and I'm a member of the climbing club so I felt a bit hurt I guess because I was just having a bit of fun and being thought of as trying to 'show off' in front of everyone. But I am a person that when I'm doing my own thing I don't like a spotlight on me
Customer: replied 2 months ago.
As are most people)
Expert:  Chris The Lawyer replied 2 months ago.

I agree. So some process of getting the school to recognise they were procedurally incorrect would be good for you, not just financially

Customer: replied 2 months ago.
The reason I went indepht with that incident is because that is the main concern from the school as they think me crying on the bus was a manic episode when it was just me getting hurt from something my mate ( the teacher ) said
Customer: replied 2 months ago.
due to not sleeping all not my emotions were not held in
Customer: replied 2 months ago.
All night*
Customer: replied 2 months ago.
hopefully by showing the procedures are incorrect the refunding will come with it
Customer: replied 2 months ago.
What do you believe is the next step in this process?
Customer: replied 2 months ago.
the payments were made over the year and the last payment a couple of months ago
Expert:  Chris The Lawyer replied 2 months ago.

Write to the school and ask for the refund, and suggest that there could be a negotiation, but that you may take this to the Tribunal if they dont offer a satisfactory result, which would include some acknowledgement of the poor process. If they refuse to engage then file the claim

Customer: replied 2 months ago.
Are there any contracts I can ask the school for that I may have signed that will show anything about refund policy?
Expert:  Chris The Lawyer replied 2 months ago.

From my experience of paying for my children on similar school trips, there is normally a contract and terms and conditions. They would normally give these out and you may have already received some paperwork. It occurs to me that part of the thinking behind cancelling the trip may be concerns under the new health and safety rules for schools. I expect that they will use this as the reason for cancellation as well as other reasons

Customer: replied 2 months ago.
Is the claim a confusing process
Customer: replied 2 months ago.
Is there any legal advise you can give me
Customer: replied 2 months ago.
Any acts that they are working under that are relevant to this scenario
Customer: replied 2 months ago.
Who would I go to at school to fi d out what legislations the process was put through?
Customer: replied 2 months ago.
Find
Expert:  Chris The Lawyer replied 2 months ago.

The disputes Tribunal process is generally very user-friendly. It does not get caught up in too much process and procedure.

Probably the most useful legislation is the Contractual Remedies Act which sets out the rules for cancelling the contract. This was a form of contract with the school to provide the travel, and there would be implied terms as to what should happen to cancel the contract. Implied terms would be things which are not expressly on the documents but are an expected part of the contract. So if they were to cancel the contract there would need to be consultation and you should have an opportunity to be heard.

I suspect that your Rector would have made this decision based on the medical reports and on health and safety concerns, and the issue for you might be to say that these were never mentioned when you signed up for the trip and that the reasons for cancelling did not properly consider your side of the issues

Expert:  Chris The Lawyer replied 2 months ago.

Its getting late, if you have further questions, i will answer these later if thats Ok

Customer: replied 2 months ago.
My side of the story was not heard at all from the school I was just banned from school till I went and had a mental assessment so I think that should definitely be put in
Customer: replied 2 months ago.
But there argument to that is that there not spesialists so they didn't want to figure out themselves they wanted to send me to a professional
Customer: replied 2 months ago.
I am also I. the process of getting them to pay for the go visit and the psychologist which totalled to $210
Customer: replied 2 months ago.
In*
Customer: replied 2 months ago.
I went to the head of senior college today to ask how I go about getting the refund for the assessment and he said we don't normally refund these types of medical events but due to it being forced I feel it is totally applicable
Customer: replied 2 months ago.
Yep good night cheers Chris
Expert:  Chris The Lawyer replied 2 months ago.

Let me know if you have what you need now

Customer: replied 2 months ago.
i think i'm still a little cloudy about the acts
Expert:  Chris The Lawyer replied 2 months ago.

You can look at the acts at this link. Look at the Contractual Remedies Act in particular. However the law on this would also be based on requirements to be fair, which are based on case law. The Disputes Tribunal would not expect you to cite cases however http://www.legislation.govt.nz/act/public/1979/0011/latest/DLM31566.html?src=qs

Related New Zealand Law Questions