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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44374
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I would like some advice on a situation that occured at a

Customer Question

Hi! I would like some advice on a situation that occured at a Independent Public Primary School that my 7 year old grade 2 son was involved in (i also have a 9 year old son in grade 4 both boys been at same school since they started school). At 11.30 ish this morning my Husband answerd my Ph. as i was attending to my 18mth daughter as he seen it was our childrens school and it was the deputy principle stating that our son had been involved in a incident resulting in him spending the rest of the school day in her office and getting a 5 day suspension whitch will start Monday 29th until Monday 7th. then she proceeds to tell my husband what had occured in PE today the PE teacher was assesing other children with in the clas and the other children not being assesed being 9 boys where allowed to go and play on the playground whitch i beleive was approx. 20mtrs away from PE teacher assesing other children and the boys including my son where playing a game like tiggy where they were not allowed to touch the ground bar the person that was it so to get the other children out the it child had to grab a child and pull them off the playground onto the ground in doing so my son was grabbed and in pulling him down he hit his head on a pole and he reacted by leaching out and grabbing this child by the neck in which at this time the actual class teacher was walking towards to pick up her class and seen my son all apparently all 9 boys where taken to office to be spoken and questioned about the event, my son told how he was pulled and his head hit pole and that grabbed the boys neck the other boy told how he grabbed my son but didnt know that he made my sons head hit the pole. My son is the only one who has been suspended. I am not saying that my sons reaction is acceptable nor am i portraying that my is totally inercent. My son has been spoken to a few times about how he reacts to verbal and physical acts towards him through out is time at school. But come on i really do beleive that he has been dealt with unfarely. It was not my sons idea to play the game he was not the it child just attacking at other children. And i am sorry that i am bothering you with such, but this is my childrens future and these teachers play a major roll in my sons life and i really beleive that all the 9 children should have been dealt with in the same way( to me for the next week the 9 boys should be tought and supervised on how to play, sit, pick up rubbish together and be nice and friendly together) I guess what i am trying to ask is that do you think that i have the right to approach the school on why they were not being supervised correctly, why all boys were not suspended? my son understands what he done is not acceptable but he also thinks it is not fare. I as a parent am really losing faith in the education system. I would also like to show you a copy of the letter sent home with my son.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.

You should approach the school and talk to them. I believe that the punishment is harsh but that is my opinion based on what you have told me.

Noone should have been suspended the boys involved should have been told to apologise to each other and the school should have had them supervised.

It appears that fact that there was no teacher keeping an eye on the boys, and they were playing on a structure where they were pulling each other off is thwart with danger.

Had your son hit his head harder we may not be talking about this but something far worse.

Make an appointment with the school and see them.

You have to go in and no take the stance that your son has been unfairly treated but that the school has overreacted and why were they not being supervised as the injuries could have been worse.

You can email me the letter to***@******.***

I hope this makes sense and is of assistance. If here is nothing further

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