Colchester girl should not have been excluded, inspectors rule

Bethany Payne, 15, has been a student at the Lexden Springs Residential Special School, in Winstree Road, Colchester, since she was in Year 7.

The teenager has severe autism and learning difficulties which can result in her being “quite challenging”, her dad and primary carer Chris Payne, 41, acknowledges.

Due to her needs, over the past couple of years Mr Payne says school staff would often ask him to bring her in to school later than other students or pick her up early.

On occasions, he said he would also unofficially be asked to keep his daughter off school all together, a move which he has since discovered is evidence of an unlawful exclusion.

Last December, however, headteacher Simon Wall decided to exclude Bethany for good shortly after her dad raised concerns over what was being asked of him.

Mr Payne said: “When Bethany last had a crisis all the children and staff were sent into a neighbouring classroom before they locked themselves in.

“She tried to follow them because she seeks comfort but because she started banging on the door the headteacher excluded her for disruptive behaviour.

“Bethany is a vulnerable and complex child and she has always displayed these behaviours but the school did not do what it should have done.

"While it is true Bethany can be very challenging, she is also affectionate, funny and quite the character and I’m very proud of my daughter."

After Bethany was excluded from the school Mr Payne says he tried to contact Mr Wall on multiple occasions but was repeatedly met with silence.

Undeterred, he then raised the issue with the school’s Governing Board to no avail before eventually seeking legal representation.

Upset - Bethany's dad Chris Payne (Image: Public)

Eventually, the case was put before an Independent Review Panel which decided to squash the school’s decision and instruct bosses to reinstate Bethany as a pupil.

In documents seen by the Gazette, inspectors acknowledge Bethany’s actions on December 6 caused “serious disruption to the education of others".

But they also conclude Mr Wall ultimately excluded her “for what she might have done and not what she did do” without conducting a proper investigation.

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“The damage to my daughter has already been done but this cannot keep happening to children and their families,” added Mr Payne.

“Lexden Springs has some wonderful staff and I will forever be very grateful for the care they gave Bethany.

"But this whole process has been a constant battle which has been traumatic and emotionally exhausting for us all. It is unacceptable."

Headteacher Simon Wall (Image: N/A)

Lexden Springs Special School does not have to take Bethany back but it could be penalised if it doesn’t.

Headteacher Simon Wall said: "I can confirm that a pupil was recently excluded from Lexden Springs School.

"The case was referred to an Independent Review Panel by the pupil's parents.

"This  happens in exclusion cases where the parents do not agree with the Governing Body's decision regarding the exclusion .

"The IR panel has referred the exclusion back to the school’s Governing Body to review the decision, and a second panel from the school’s Governing Body will now review the exclusion. 

"The exclusion remains an ongoing matter, therefore we are unable to comment on the outcome.

"At Lexden Springs we will always take the necessary actions needed to safeguard and protect both the children and staff  in the school, from aggressive and violent behaviours."

Bethany's dad has now said he takes exception to Mr Wall's comments. 

"They were not directed to reconsider the judgement," he added.

"The decision was quashed and they were directed to reinstate her."