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Landmark ruling was not imaginary!

Discussion in 'Special educational needs' started by rockabye, Feb 23, 2011.

  1. Hello!
    Does anyone know of the following legal ruling - it was within the last 2 or 3 years and was either at the House of Lords or Court of Appeal and was reported nationally. In a nutshell, the ruling was that no one, even a teacher at a special school, should be expected to be subject to physical assaults at their place of work. It was regarded as a landmark ruling because it was brought on behalf of teachers at a special school who had been told they should expect to put up with a bit of argy-bargy because of where they worked.
    No one, including my union, seems to know anything of it and I can't track it down on the internet. Can anyone help? I know I didn't imagine it!
     
  2. Hello!
    Does anyone know of the following legal ruling - it was within the last 2 or 3 years and was either at the House of Lords or Court of Appeal and was reported nationally. In a nutshell, the ruling was that no one, even a teacher at a special school, should be expected to be subject to physical assaults at their place of work. It was regarded as a landmark ruling because it was brought on behalf of teachers at a special school who had been told they should expect to put up with a bit of argy-bargy because of where they worked.
    No one, including my union, seems to know anything of it and I can't track it down on the internet. Can anyone help? I know I didn't imagine it!
     
  3. R13

    R13 New commenter

    SDorry I can't help you with the ruling but am interested in where you are going with it.

    In my LA we were told something similar from someone from personnel a while ago (Someone who has no knowledge of Special schools of course) and we ended up putting them right - which seemed a bizarre conversation in reverse of what should be happening.

    Mind you saying a teacher working with violent children will never be subject to violence is like saying no firefighter should eve be burnt and no soldier should ever be shot
     
  4. Not sure about theruling butunder healtha nd safety at work act you can leave any situation you believe to be dangerous. Well almost, the armed forces are not covered by this.
     

  5. Thank you - that could well be it and in my memory I had made it a case at the House of Lords or Court of Appeal rather than a Scottish court.
    I was interested because I work in a PRU. There was an explicit attempt recently by management to say that we should expect a degree of being pushed and shoved given where we worked and the kinds of kids we are dealing with This was never the case in the past. Depending on the incident we could say, "It's OK, a phone call home can be an end of it" or whatever, but if we wanted it to be taken further, management would back us. Anyway, we got the union in and management backtracked rapidly.
    But while it was going on I kept thinking about that court case and trying to track it down and neither could the union people (though I don't think they ever took me seriously - now I know why! )
     
  6. That's it!! That's the one!! (I still didn't remember it rightly though - it was a High Court case.)
    Thanks ever so much for hunting it down. I shall get our rep to forward it to our union people and see what they have to say (though thankfully the original dispute is now resolved)
    Thanks again [​IMG]
     
  7. On the other hand, it can be an explicit part of your contract that you understand the dangers involved with working with volatile and violent teenagers and undertake not to invoke the criminal law if you are assaulted.

    It seems to be an essential part of working with these teenagers that they like you. If they assault you, they clearly don't and you should be replaced.
     

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