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Trust legal challenge over child in isolation for half a year

But GORSE trust lawyers defend 'positive discipline' policy and say it improves behaviour

Freddie Whittaker

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Pupils who spent up to half a year in isolation rooms are challenging a trust鈥檚 use of a behaviour policy that they claim failed to consider the impact on their wellbeing.

But lawyers for the GORSE Academies Trust have defended its 鈥減ositive discipline鈥 policy, and insist the use of isolation rooms has helped to improve the behaviour of the pupils now challenging the practice in court.

The High Court in Leeds is considering a judicial review against the 鈥渞epeated isolation and suspensions鈥 of three pupils at John Smeaton Academy when they were aged between 12 and 14.

The pupils鈥 legal team said isolation involved sitting 鈥渋n a three-sided booth in a dedicated 鈥榠solation鈥 room in enforced silence for six hours a day without being allowed to interact with or speak to peers, including at breaks and lunch time, and without active or meaningful teaching鈥.

All three, who have been given different names to protect their identities, have 鈥渟pecial educational or additional needs affecting their behaviour鈥, a skeleton argument filed by their lawyers claimed. The trust disputes this for one of the pupils.

Lawyers say almost a third served an ‘isolation sanction’

Sir John Townsley, the chief executive of GORSE, was an early adopter of isolation rooms and, , spoke openly about its use as long ago as 2008.

Sir John Townsley
Sir John Townsley

Townsley, then head of Morley High School, that 鈥渧ery few pupils (less than 3 per cent) spend any time in isolation鈥.

Lawyers for the children said data obtained from GORSE, which runs John Smeaton, showed 187 pupils 鈥 31 per cent of those at the school 鈥 served an 鈥渋solation sanction鈥 in 2023-24.

One pupil, known as Lydia, spent 83 days in isolation and 14 days suspended in 2023-24, equating to more than half of the academic year.

Her lawyers said that for most of the time in isolation, she 鈥渏ust stare[d] at the walls of the booth鈥 and 鈥淸couldn鈥檛] understand what they [were] asking [her] to do in the work that [was] given鈥.

The repeated isolation made her feel 鈥渞eally stressed鈥 and 鈥淸w]hen [she鈥檚] stressed it makes [her] angry, and then [she does] things that get [her] warnings, which gets more Iso[lation]鈥.

‘Impossible to learn,’ court told

Luke, who has 鈥渟ignificant traits of autism spectrum disorder鈥, was either isolated or suspended for 39 per cent of the academic year.

Lawyers said he found it 鈥渋mpossible to learn in isolation and frequently could not cope with the strict rules and ended up either breaking them or walking out, which led to further isolation or suspension鈥.

Elise spent 28 days in isolation in the 2023-24 school year, and 鈥渟eldom completed the work鈥s she struggled to understand it鈥.

Lawyers argued there was 鈥渘o evidence鈥 the school considered the 鈥渘egative impact of repeated isolation鈥 on the claimants, their education, self-esteem and socialisation.

They also alleged the school failed to consider whether the isolation was proportionate.

Staff do assess proportionality, says trust

But in their own skeleton argument, GORSE鈥檚 legal team said assessing proportionality was 鈥渆xactly the exercise carried out by its staff, particularly the senior staff members who review isolation decisions鈥.

They also claimed children were 鈥渘ot actually isolated 鈥 on any one day there are generally around ten pupils working in each of the two isolation rooms鈥.

Some behaviour that led to isolation included physically assaulting another pupil, absconding from lessons and 鈥渟creaming at other students鈥.

The legal team, which includes high-profile defamation specialist lawyers Carter Ruck, said each instance was a disciplinary response by staff to a discrete instance of poor behaviour by a pupil.

John Smeaton, previously part of United Learning, was rated 鈥榠nadequate鈥 in 2019. It joined GORSE in 2021. Last year, it was rated 鈥榞ood鈥 across the board.

‘Positive discipline’ at heart of trust ‘success’

The trust鈥檚 lawyers said its 鈥減ositive discipline鈥 policy was 鈥渁t the heart of its success over the course of the last two decades鈥.

It is not the first time that isolation practices, which allow schools to 鈥渞emove disruptive pupils鈥 while avoiding suspension or exclusion, have been challenged.

A judicial review was threatened against the Outwood Grange Academies Trust in 2019, then run by Ofsted chief inspector Sir Martyn Oliver, over the legality of using isolation rooms for long periods.

The trust amended its behaviour policy amid the challenge to 鈥渂etter support pupils鈥.

At John Smeaton, lawyers said there had been a 鈥渟triking drop鈥 of about two-thirds in Lydia and Luke鈥檚 rates of isolation after legal action was launched.

But GORSE鈥檚 lawyers said this improvement 鈥渞eflects the support鈥 put in place and showed 鈥渄iscipline policies are delivering results鈥.

A judgment is yet to be handed down.

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3 Comments

  1. Veronica Walker

    Behaviour is communication and clearly there is a huge knowledge gap in understanding the needs of the children . Schools
    Should not be run like prisons . but there is no accountability from academies and Trusts for the trauma they cause children through their controlling and coercive practices . It鈥檚 the adults that are the problem here . There is no justification for cruelty.

  2. Matthew

    From my limited experience, the extreme cases of students repeatedly being isolated are down to a lack of alternative provision places or parents refusing to allow their children to be tested for special educational needs. In a school of a little over 1000, we have a student who makes up 4% of all behavior logs. The logs have a similar theme across all subjects.
    Book-looks of students in his class clearly show which days he is and isn’t in the room.
    Parents call to get their kids moved to different classes because they don’t feel safe and can’t learn with him in a room with them. What about their rights?

  3. Marina Smith

    I believe Townsley is a governer at an independent boarding school in York. I wonder, if he has them, where he would send his own children to school. Education isn鈥檛 a one size fits all after all then!

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