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Islington Tribune - by PETER GRUNER
Published: 18 January 2008

John Ford

Top solicitor calls for school justice

THE Finsbury Park solicitor planning to defend a boy expelled for allegedly carrying a knife spoke out this week about the need for justice in schools.
John Ford, based in Blackstock Road, is going to the High Court later this year to try and force headteachers to give pupils a fairer hearing in exclusion cases.
If he’s successful it could mean that heads will find it more difficult to exclude children they suspect of serious offences such as drug dealing, carrying a knife or violent bullying.
The teenager, who was 14 at the time of the incident, is reported to be from north London but there is no indication which borough.
Mr Ford said: “Understandably there’s an awful lot of fear and emotions about knives at the moment.
“But it can, I believe, result in injustice in schools where a thorough and detailed investigation may not be possible.”
He would like to see children accused of the most serious wrong doing given a “fair trial” and believes that government regulations are incompatible with the European Human Rights Act.
If he wins the case schools could face stringent legal standards similar to those used in courts.
Heads would be required to gather named witness statements, cross-examine pupils, refuse to accept hearsay and be expected to prove the credibility of witnesses.
In this case only one of several teachers allegedly present said they had seen the boy with a knife. The boy was searched by a number of teachers and no knife was found.
Statements taken from pupils showed they did not agree on the description of the knife and all were provided anonymously, with no proof the children in question had been isolated from each other to prevent collusion.
Mr Ford added: “It’s early days and there is very little we are allowed to say about the case. I’m sure that when it’s over the boy’s parents will be keen to talk.”
The case comes after two fatal stabbings in Islington within four months.
At the same time the government is fighting to deal with the spiralling rate of knife crime among the capital’s youth, with Gordon Brown promising to cut the number of police cautions issued for carrying blades and increase the volume of prosecutions in weapons “hot spots”.
At present, headteachers can exclude pupils for violent or disruptive behaviour, including carrying weapons on school premises if they are satisfied the child is guilty of the offence on the “balance of probabilities”.
Mr Ford said this leaves pupils open to being excluded for offences which, in a criminal court, would have to be proved beyond reasonable doubt, thus breaching their human rights.
Mr Ford qualified in 1975 and has always worked in civil rights law. He was partner with Bindman and Partners for seven years before founding John Ford Solicitors.
In 1992 he began practising in education law and is now recognised as one of the leading lawyers in this field. He is also a former executive member of Education Law Association.

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