⭐ 1D — If the Child Was Sent Home Illegally
Schools cannot ask a parent to “collect a child,” “take them home,” or “cool off” unless the principal has completed all steps required under Ministerial Order 1125. Any early collection outside these rules is an unlawful removal.
1. What Counts as an Illegal Removal?
A removal is unlawful when a child is sent home without a formal suspension or without meeting the required legal steps.
- No investigation occurred
- No reasonable adjustments were tried
- No risk assessment was conducted
- Assistant principal or teacher ordered the removal
- “Cooling off,” “not coping,” or “behaviour escalating” used as justification
- Parent asked to collect the child with no documentation
Important:
A school cannot unofficially remove a child, even for “safety,” unless all MO1125 steps are completed and signed off by the principal.
A school cannot unofficially remove a child, even for “safety,” unless all MO1125 steps are completed and signed off by the principal.
2. The School Cannot Do the Following
- Tell parents to “come collect immediately” without a formal decision
- Send a child home because they are “not coping”
- Send home students with disability due to disability-related behaviours
- Tell the parent suspension is happening before the investigation is complete
- Remove a child for “staff comfort” or “to calm down”
- Keep the child unsupervised while parents travel to the school
3. What You Can Say to the School
These scripts help you stop unlawful removals in real time.
“I’m happy to support the school, but unless the principal has completed all steps under MO1125,
my child must stay at school and be supervised.”
“Has the principal completed the investigation, reviewed adjustments,
and made a formal suspension decision? If not, this is not a valid removal.”
“What supervision and adjustments are being used right now while my child remains at school?”
4. What the School Must Do Next
If a parent is called early, the principal must:
- Supervise the child until the parent arrives
- Ensure safety supports are provided
- Begin or update the Behaviour Support Plan
- Conduct a risk assessment if behaviour escalated
- Start a formal investigation if they intend to suspend
“Can you please confirm if you intend to follow MO1125 and complete all required steps before making any decision?”
5. If the Removal Has Already Happened: Corrective Steps
These actions help correct the process and protect the child’s rights.
- Request the formal decision record
- Request the incident description and adjustments used
- Ask for a Behaviour Support Plan review meeting
- Clarify whether the school intends to proceed with a valid suspension
- Ask for the removal to be recorded as unlawful
“Can you please clarify whether my child’s early removal was recorded as a suspension?
If not, please note that the removal did not comply with MO1125.”
6. Escalation Pathways
If the school continues to unlawfully remove a child, parents may:
- Request a meeting with the principal to correct the process
- Escalate to the SEIL (Senior Education Improvement Leader)
- Escalate to the DET Regional Office
- Make a formal complaint through the Department’s Complaints process
- Request adjustments or supports be put in place immediately