Here we are at Week Three, and I’m still surviving!

I’ve now had three sessions and next week will be going to two sessions a week which I’m actually looking forward to – can’t believe I’m saying that! So far the sessions have been surprisingly enjoyable – Zoe mixes them up a bit each week so although we have a few exercises that we do each time, it stays interesting and there’s also something new each week. It’s hard work but is actually really fun too.

I’m still enjoying the boxing exercises and the kettlebell and still loathing the plank, though last week I actually managed to increase the time I could hold it threefold, so something must be working. I even ran to collect my daughter from nursery the other day – who is this person I’ve become!

It’s really nice having someone who can point out when you need to push something a bit harder, or when you’re doing it wrong and wouldn’t realise if you were alone. For example, I’ve always hated sit ups as they make me feel sick and unpleasant beyond the normal ‘urgh, exercise’ feeling. I assumed this was just down to having rubbish stomach muscles but it looks like it’s actually because I strain my neck when doing them and this seems to be what’s making me feel bad. I wouldn’t have known that’s what it was myself, but Zoe was able to watch what I was doing and tell me a different exercise to do that would work the same muscles without pulling on my neck.

I’m achier than I have been so far today – the fronts of my thighs in particular are killing me. But it’s all good!

For more information about Zoë and what she does, check out her website Fitbugs.net or come and ask her a question in the Ask the Trainer section of the forum

Exclusions from School have been much talked about of late. New and imminent changes are around the corner as a result of the Education Act 2011 (which received royal assent on 11^th November 2011). These changes will be applicable for exclusions imposed after 1^st September 2012. New Guidance and Regulations shall also apply after 1^st September 2012. Some of the noticeable changes include the power for schools to issue same day detentions, the ability to search pupils for prohibited items without consent if there are reasonable grounds to believe that a pupil is in possession of a prohibited item, teachers will be protected by false allegations made by pupils and Independent Appeal Panels will be replaced by an Independent Review Panel to determine exclusions.

There has also been widespread discussion following the release of the recent report by the Office of the Children’s Commissioner issued on 19^th March 2012. This report is the first of its kind in which certain schools have admitted to unlawfully excluding pupils. It is never appropriate, or indeed lawful, to exclude a pupil from school because of issues relating to school uniform or to “cool off” following an incident of bad behaviour.  An exclusion of a pupil should only take place as a last resort and after a thorough investigation has been undertaken. This must involve a scrutiny of the facts, the evidence, allowing the pupil in question to give his/her version of events and to make a statement. It is then for the head teacher to make a reasoned decision based on the evidence collated and having regard to the standard of proof, the balance of probabilities, to determine whether the pupil is guilty of the offence. The decision must not be taken in the heat of the moment. This level of scrutiny is important because an exclusion is a serious blot on a pupil’s record. Schools must ensure that they do not discriminate against pupils and comply with the principles of the Equality Act 2010. They must also have regard to any special educational needs the pupil may have.

A pupil cannot be told to leave the school lawfully by a head teacher unless the formal procedures of exclusion are followed. From September 2012, it will be even more important for head teachers to carry out a full investigation because pupils, following an appeal, cannot be reinstated by an Independent Review Panel and its decision will not be binding. It can merely give recommendations. The Independent Review Panel can uphold the decision to exclude, recommend that the decision is reconsidered by the Responsible Body (the Governing Body) or if the Independent Review Panel takes the view that the Responsible Body’s decision was flawed in light of the principles applicable for judicial review (fairness, procedural irregularity, reasonableness, proportionality) then it can quash the decision and direct that the matter be reconsidered. There is of course a risk that the Responsible Body will reach the same decision, even after reconsideration of the matter. In the event that the pupil is not reinstated in these circumstances, the Independent Review Panel has the power to direct that the local authority makes a financial readjustment to the school’s budget to reduce it by a sum of £4,000.

There is speculation by lawyers as to whether the remit of the Independent Review Panel will give rise to more challenges in the courts (by way of judicial review) against unfair and unlawful exclusions by parents. Further, it is yet to be determined whether Independent Review Panels will be in a position to truly understand the principles of judicial review given that these are complex in law. Once a matter is remitted to the Responsible Body for reconsideration in light of judicial review principles, is it likely to be the case that it will overturn its previous decision and render a new one in favour of the pupil. Surely, in those circumstances schools will want to avoid any financial penalty being imposed to its budget. These are all questions and issues that are yet to be resolved.

It is important that schools and parents are educated about this issue so that schools are protected from legal action by parents.

Anita Chopra is a Director at Match Solicitors

Anita Chopra is a Director at leading education law firm Match Solicitors.  Her specialisations include appeals against the contents of a Statement of SEN, admissions, exclusions, private schools, teacher regulation, as well as other related issues.

Match Solicitors is a leading education law practice, specialising in matters relating to higher education, further education and schools, including admissions appeals, non-payment of fees and bullying, plagiarism and cheating; fitness to practice hearings; PhD issues including supervision and progress; teacher employment issues, disability discrimination; complaints; OIA complaints; breach of contract and negligence.

www.matchsolicitors.com

Well, I’m still alive. Just.

I had my first training session with Zoe yesterday and it was actually a lot of fun! Hard work but fun, and in all seriousness I actually feel pretty good. I’m a little stiff and sore, but I feel like my whole body has done some good, hard work.

The session was an hour long and it felt like we managed to fit so much in, it was infinitely better than trying to do a DVD or something at home, which is what I’ve done in the past. I’m a little too self-conscious of my general unfitness, lack of ability and co-ordination to attempt a class yet (plus I don’t really have the time), and the one-on-one attention was just perfect for me. I was worried I might feel a little silly but I didn’t at all (well, maybe once or twice).

We started out using a Bosu ball, which is something I’ve never used before. It was like a halved squidgy exercise ball, something last used by me when trying to get labour going with my daughter! Zoe had me stand on it and get balanced, which is easier said than done at first, then when I’d managed that (with only one ridiculous nearly-fall), started me moving my heels up and down – it sounds simple but because the ball is rather like a giant jelly, you can really feel it on the legs.

After that was one of my favourite parts of the session – putting on boxing gloves and punching things – yay! Okay, well, punching pads, but it was still fun. I’m honestly not a violent person, but I do like hitting things. Is that bad? I also quite liked using the kettlebell – it was hard work but I think I’m more of a fan of simple, strong, rhythmic exercises than anything that involves any real flair.

I found having Zoe there, with her know-how and encouragment made me work a lot harder than I would do if it was just me. Even something fairly simple like using a resistance band became a better exercise than I could do on my own – she was able to correct any mistakes I didn’t know I was making, push me that but further than I might normally go, but also keep it within a level that is attainable by me, thus avoiding me feeling like I was failing. She’s encouraging in a nice, honest-sounding way not in a clapping and jumping ‘woo, go you’ sense, which would probably drive me mad.

We also did various stretches and talked a lot about how I felt about each exercise, before moving on to the part I was dreading: core exercises. Since my first pregnancy, my stomach muscles are dreadfully weak and I find core exercises really hard. We tried a fairly simple (and I imagine easy for most) plank, and I did really struggle – it was probably the hardest part of the session for me, but by doing it in shorter intervals I managed a minute or so. Probably doesn’t sound like much, but it was a lot for me.

Following a good stretch (so much nicer when someone else is stretching you and pushing you that bit further than you could do yourself!) we finished for the day and I did feel pretty shattered, though half an hour later I walked to collect my son from school and really did feel good. I also talked endlessly to anyone who would listen about it too, which I think must be a good sign!

Now I’m looking forward to next Wednesday (no session on Monday because of the bank holiday) and feeling more motivated than I have in a long time. I even skipped having a glass of wine last night despite a dreadful bedtime strop from my son. I did have a curry though… but it had lentils in it, which is good, right? Right? Ah well, one step at a time!

For more information about Zoë and what she does, check out her website Fitbugs.net or come and ask her a question in the Ask the Trainer section of the forum