Pubdate: Tue, 21 Mar 2006
Source: Herald Express (UK)
Copyright: 2006, Herald Express Publications Ltd.
Contact:  http://www.thisissouthdevon.co.uk/index.jsp
Details: http://www.mapinc.org/media/2284
Bookmark: http://www.mapinc.org/find?207 (Cannabis - United Kingdom)

HOW TO PUNISH A DRUG DEALER: HE GETS UKP1,750

An expelled drug-dealing schoolboy and his family are to get UKP1,750
compensation after a watchdog said Torbay Council was guilty of
maladministration.

The boy was kicked out of school after taking cannabis in and selling
it to other students. But the Local Government Ombudsman said the
council's slowness in finding a new school for the Year Ten grammar
school boy, and failure to teach him at home properly while expelled,
caused injustice.

It has ruled that UKP1,500 should be paid towards the boy's further
education.

And it says his father should receive UKP250 for his "time and trouble
in chasing the complaint".

Today the ruling was blasted as "outrageous" by Roy Pike, the
spokesman for secondary schools in the resort.

He claimed: "It is utterly ridiculous. We as heads see this as a
reward for someone who has actually broken the law."

A report to the council's standards committee, which meets tomorrow,
says the findings of the Ombudsman are accepted as fact.

It recommends that the council notes the maladministration, the
changes due to the ruling, and the progress in paying up.

The council also apologises over gaps in the education for the young
teenager who was expelled in 2004.

The boy is not identified and neither is the school.

The council says there have been no exclusions for drug offences other
than this one since 2004.

Mr Pike, head at Torquay Boys' Grammar School, said: "This ruling is
absurd, if not a little crazy. It is absolutely outrageous.

"If the Ombudsman makes a ruling like this it seems to be undermining
all we are trying to do.

"This boy has done more than damage the reputation of whatever school
he went to. Through being involved in this way he has benefited.

"Drugs abuse is a scourge in our society and it looks as if he is
being rewarded for being in it.

"Someone has to call a halt to this or else how can we stop this
scourge?"

Schools have the right to expel pupils and to refuse to accept a
child.

The Ombudsman's investigation reveals the reluctance of Bay schools to
take on the boy.

One grammar head wrote to the council: "You will not be surprised to
learn that we have huge concerns about the request for him to be
considered for this school."

The boy was eventually found a place at a community college and his
GCSE results were below the targets set at his former school.

The Ombudsman did not conclude this was the result of the council's
failures but they were the cause of injustice since the boy should
have had the opportunity to maintain progress.

The boy had been taught at home for five hours a week while expelled,
but the tutor was not always able to make the planned sessions,
according to the Ombudsman findings.

Home teaching eventually rose to ten hours week.

Margaret Dennison, Torbay's director for children's services, said:
"We deeply regret any feelings of injustice or trauma that may have
been caused to the boy and his family following this incident."

She said children are best served by full-time education.

She added: "Our job is to ensure this happens, and when a relationship
breaks down between a pupil and their school, we must do the best we
can to mediate, or to find alternative provision for the child.

"The issue of drug dealing in schools is a highly emotive one, and
despite our best endeavours, we were unable to find the boy suitable
alternative provision in a school as quickly as we should have done.

"We accept the findings of the Ombudsman, and feel that we have
learned from this experience.

"Arrangements have been made to make the compensation payment, and
officers have held two meetings with the complainant to explore
options for the use of the education award.

"It is hoped that agreement can be reached in the near future on the
use of this award."

Mrs Dennison said since 2004 the council has been working hard to
ensure pupils at risk of expulsion are kept in their school, or go to
new ones.

She added: "Our exclusion rates have dropped significantly, and we
monitor our performance in this area very carefully to ensure as much
as possible is done to protect the education of individuals.

"We have also improved our interim tuition arrangements for pupils who
cannot attend school.

"I am confident these measures will significantly reduce the
likelihood of a recurrence of this nature."

The report to the standards committee says the boy was out of school
between March and November 2004, when he was 14 to 15, at an important
stage of his school life, and was provided with less than the required
25 hours a week education.

Appeal processes were exhausted by May 2004 and the boy became
"eligible" for a new school and the council should have found that
place within six weeks.

The report to councillors said: "Officers acknowledge that
re-admission to school took longer than it should.

"That said, the pupil was permanently excluded for a drug-related
offence and negotiations to secure a place at an alternative school in
such cases are often difficult.

"However, officers accept that the pupil had an entitlement to a
school place and that they should have done more to meet the council's
duty to secure a school place.

"After reviewing this case, it is clear that better supervision and
support should have been provided for the officer dealing with this
case and improved arrangements are now in place."

The report acknowledges the boy was not provided with the proper
alternative as it was a common failing at the time and was an Ofsted
criticism."

Changes have been made and the council has been in line since April
2005. 
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MAP posted-by: Richard Lake