Ilkley & Wharfedale
Pupil wins drug exclusion fight
The parents of a sixth form pupil at Ilkley Grammar School have won an appeal against the decision to exclude her from the school for possession of a small amount of cannabis.
The 16-year-old, who has not been named, was excluded informally by the Cowpasture Road school in January after being found in possession of the class C drug while on its premises.
When her parents said they wished to appeal the decision, the Year 12 pupil was formally excluded to allow an appeal hearing to take place.
A panel of school governors upheld the exclusion at a hearing in February but that decision has now been overturned by an independent appeal panel sitting at Bradford's City Hall.
The pupil's father said: "My faith in the appeal system has been partly restored. While I do not agree with anybody using cannabis, pupils should not be permanently expelled for a first-time offence or possession of a minute quantity.
"A high proportion of young people experiment with cannabis. Expelling them from school as an example does not help anyone. In most cases, it just makes the wider situation worse, including that of the schools.
"I am currently looking at the possibility of a civil claim against the school for unlawful exclusion."
James Wilson, a solicitor with Huddersfield-based firm Ridley & Hall, represented the pupil and her family at the appeal hearing. He said: "The decision to exclude the pupil for possession of a minute amount of cannabis was irrational.
"The reason behind the exclusion appears to be that the head teacher was angry that other pupils circulated a petition to try to keep the pupil in school. Clearly it is not rational to expel one pupil for what other pupils have done."
School head teacher Gillian James said: "We do not have an ongoing drugs problem in our school. Any decision to permanently exclude a student is not taken lightly, balancing the nature of the disciplinary offence and the interests of the excluded student with the effect on the school and its students.
"The Department for Children, Schools and Family drugs guidance states: it is important for schools to reinforce to pupils the message that cannabis is harmful to health and is an illegal drug, and that possession remains a criminal offence which may lead to a criminal conviction'.
"Our Drugs in School policy states that our intention is: to send a clear message that drugs, drug takers and drug dealers have absolutely no place in school'."
The pupil will begin her A-level studies again at a different school from September.
12:08am Thursday 1st May 2008
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CommentPosted by: born n bred, Bradford on 1:35am Thu 1 May 08
typical nut hammer to crack a nut, considering if you asked the teachers and head of school while taking a lie detector test to admit if they had taken drugs or not while students!!
typical nut hammer to crack a nut, considering if you asked the teachers and head of school while taking a lie detector test to admit if they had taken drugs or not while students!!
Posted by: David, west.palm.beach. on 2:58am Thu 1 May 08
A little bit of pot!
She's in school working hard! Hopefully in 5 to 10 years she won't be smoking it.Give the girl a break. It's the people who sit home all day puffing on the weed and getting in and out of peoples house's with there content's we need to ban. But then where's the line.Bottom line is unfortunately weed is here and this girl doe's not deserve to be booted out.................
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A little bit of pot!
She's in school working hard! Hopefully in 5 to 10 years she won't be smoking it.Give the girl a break. It's the people who sit home all day puffing on the weed and getting in and out of peoples house's with there content's we need to ban. But then where's the line.Bottom line is unfortunately weed is here and this girl doe's not deserve to be booted out.................
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Posted by: albion, west riding on 6:28am Thu 1 May 08
I cant agree with the other posts here, this is a very serious breech of the rules and i dont like the way the governors decision can be overturned in this way. It has made the school authorities look toothless. But its what i have come to expect, when bullies and thieves are allowed back in on appeal, why not drug users.
I cant agree with the other posts here, this is a very serious breech of the rules and i dont like the way the governors decision can be overturned in this way. It has made the school authorities look toothless. But its what i have come to expect, when bullies and thieves are allowed back in on appeal, why not drug users.
Posted by: Divers_uk, Bingley on 8:23am Thu 1 May 08
Appalling. It is illegal.
The worst part of it is that the father wants compo.
"Expelling them from school as an example does not help anyone"
It might stop the pupils buying & carrying drugs. Still look forward to your compo check & forget your daughters illegal activities, she should be being prosecuted to leave you with another legal bill and not to gain off teh rest of us taxpayers.
Appalling. It is illegal.
The worst part of it is that the father wants compo.
"Expelling them from school as an example does not help anyone"
It might stop the pupils buying & carrying drugs. Still look forward to your compo check & forget your daughters illegal activities, she should be being prosecuted to leave you with another legal bill and not to gain off teh rest of us taxpayers.
Posted by: Banksy, Bingley on 11:48am Thu 1 May 08
I cannot see what the school did wrong! I have never taken any type of drug but if I had been found with drugs at school my parents would have fully supported the school in expelling me and the punishment they would have dished out would have been much worse. How can this child ever respect any law or people in authority with her parents taking such a stance!
I cannot see what the school did wrong! I have never taken any type of drug but if I had been found with drugs at school my parents would have fully supported the school in expelling me and the punishment they would have dished out would have been much worse. How can this child ever respect any law or people in authority with her parents taking such a stance!
Posted by: Mr T, Bradford on 2:22pm Thu 1 May 08
I agree with Albion, this ruling undermines the decision of the Govenors. The govenors are there to ensure school procedures are adhered to and if you have another appeal panel overturn that it makes them look like fools.
Also it doesnt matter how much cannabis you have on you, one joint is enough to intoxicate an individual.
I agree with Albion, this ruling undermines the decision of the Govenors. The govenors are there to ensure school procedures are adhered to and if you have another appeal panel overturn that it makes them look like fools.
Also it doesnt matter how much cannabis you have on you, one joint is enough to intoxicate an individual.
Posted by: bdsixer, odsal on 4:04pm Thu 1 May 08
No mention of how the parents have or plan to punish her but they seem quite willing to accuse the school for over reacting and as for the civil claim against the school, how pathetic . i wonder if Amy Winehouse,s problem started in the same way??? a little bit doesn't matter ...erm does it
No mention of how the parents have or plan to punish her but they seem quite willing to accuse the school for over reacting and as for the civil claim against the school, how pathetic . i wonder if Amy Winehouse,s problem started in the same way??? a little bit doesn't matter ...erm does it
Posted by: Divers_uk, Bingley on 6:08pm Thu 1 May 08
A few years back it would have been the cane as well as expulsion. What has education come to when the school cannot administer even part of that. Worse still teh parents believe there is gain to be had. THAT should be your story Tea & Ay and not pandering to the parents who seem not to care about their daughters illegal actvity?
A few years back it would have been the cane as well as expulsion. What has education come to when the school cannot administer even part of that. Worse still teh parents believe there is gain to be had. THAT should be your story Tea & Ay and not pandering to the parents who seem not to care about their daughters illegal actvity?
Posted by: James Wilson, Huddersfield on 10:03am Fri 2 May 08
I am the solicitor who represented the parents. The school's policy said the punishment for possession of drugs was a fixed term exclusion. The school did not follow its policy in permanently excluding for possession of a very small amount of cannabis. If the policy had been permanent exclusion, then the school would have been on stronger ground. Parents were not saying their child should not be punished, but that the policy should be followed. You cannot tell kids "The punishment for possession of drugs is fixed term exclusion" and then permanently exclude them for possession. And permanently excluding the pupil because the other kids got up a petition to keep her in school was just daft.
I am the solicitor who represented the parents. The school's policy said the punishment for possession of drugs was a fixed term exclusion. The school did not follow its policy in permanently excluding for possession of a very small amount of cannabis. If the policy had been permanent exclusion, then the school would have been on stronger ground. Parents were not saying their child should not be punished, but that the policy should be followed. You cannot tell kids "The punishment for possession of drugs is fixed term exclusion" and then permanently exclude them for possession. And permanently excluding the pupil because the other kids got up a petition to keep her in school was just daft.
Posted by: albion, west riding on 3:00pm Fri 2 May 08
In that case i hope the governors have revised the rules to include permanent exclusion in any possible future case.
Although the written rule was not adequate for the punishment that was originally handed out, i still think what amounts to getting away with it has made a mockery of what passes for school discipline.
In that case i hope the governors have revised the rules to include permanent exclusion in any possible future case.
Although the written rule was not adequate for the punishment that was originally handed out, i still think what amounts to getting away with it has made a mockery of what passes for school discipline.
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