Schools can and should be cooperating in testing asymptomatic children for Covid-19.
This should not be happening. It is simply not justified and, without justification, breaches health and safety laws in a similar way to enforcing wearing of masks.
Further to our letter help Stop Masks in Schools, we are providing another free letter for parents to download for personal use (though we have a donate button) to send your child’s school and your local authority.
Download the Stop Testing letter here
The letter was updated on 3rd March within initial section B – Breach of GDPR and Data Protection, adding “or among staff” to make plain permission is not given for staff to share information between them about which children do or do not participate in testing.
If’ you’ve read the mask letter already, the main additions are the objections/demands A to D at the start, the long list of harms under section 5 and the important information about informed consent under the new section 8.)
Again, the letter sets out all you, the school and its lawyers need to know about the law and school policies regarding testing. Use it. Share it with everyone you know. The mask letter is already making schools change direction.
The purpose , as with the mask letter, is to make the school heads aware of what possibly no one has told them before now. Schools seem to have lost their confidence, more concerned to obey unjustified Coronavirus guidance than to care for and educate the children. This letter helps them, as well as you, stand up to overbearing Government.
The letter is drafted for local authority schools in England but the substance of it will apply equally in other parts of the United Kingdom and to private schools and academies.
The letter is also a formal and detailed ‘letter before action’ of the sort solicitors would send before start Court proceedings. Using the letter does not oblige you to take any further action. However, if schools and authorities do not respond as demanded, it may allow proceeding to be started quickly. This is important since mass testing is already being introduced and interrupting education.
Legal advice on your circumstances and yours or your child’s claim should be obtained before commencing proceedings.
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Please also check out our other posts.
Warning: Law and circumstances can change very quickly. Please note the date of publication of any blog post and check for any updates on the issues addressed. In any event, we do not condone or encourage breaching the law and neither the above nor any information posted on this website constitutes legal advice. It must not be relied upon as such and specialist legal advice should be taken in relation to specific circumstances. Please read our disclaimer.
9 thoughts on “Stopping Covid-19 Testing in Schools”
I dont want my child to have to wear masks in school all day. Or have to go through testing every week
What is the situation for fee paying schools
Hi. Is it ok for me to print of this template for both my children’s schools. I do not wish for my children to partake in this.. I also like to know if I could do a liability order for Malfeasance along with this forms?
Kind Regards. Ms Taylor
I am concerned as a supply teacher who cannot wear a mask, even if I wanted to, which I don’t:
Because it’s difficult for me to go into a school now where all the children are wearing masks and I am not;
Because I have no intention of enforcing such a vile thing on the children as I think it is serious child abuse;
Because I know that, by and large, headteachers just follow one another like sheep and are unbelievably credulous and ignorant about this whole Covid thing, and I believe they ought to be told the real position in which they find themselves.
May I check website of schools for those enforcing masks and tests and pass them on to you for an anonymous letter, please?
Also join telegram Teachers for Kids https://t.me/joinchat/knfQJ4WICsBmZTc0
Letter sent to all parents and carers by my son’s secondary. I understand GP’s are not issuing exemption certificates.
“5 March 2021
Dear Parents and Carers
Following on from our letter last week, I thought it would be useful to remind parents and carers of how the DfE guidance is being implemented from next week.
Only pupils for whom we have consent will be tested in school. These tests are designed to help identify asymptomatic cases in an attempt to further protect our community and to also reduce the risk of large numbers of pupils being sent home. Those being tested will be collected from their lessons so that the impact will be kept to a minimum. If we do not have consent, your child should continue to attend school from their year group’s start day and will be in lessons as normal.
In the final week before the Easter holidays we hope to have received home testing kits for all pupils to take home. Should you wish for your child to receive one of these kits, further information will be provided over the next few weeks on how to do so.
Classrooms The DfE recommends that where social distancing is not possible, face coverings are recommended to be worn – this includes classrooms. This guidance is in place until Easter, at which time the DfE will be reviewing the impact and sharing further guidance with schools.
On the occasions where social distancing is possible within the classroom, pupils and staff will not need to wear such coverings. If staff are able to teach from the front of the class and maintain social distance, they will remove their coverings to aid the teaching of their classes.
When moving around the school building, we will be expecting pupils to wear a face covering unless they are medically exempt – we will be reminding pupils that, as with testing, such non-invasive measures may help us to protect other members of our community and also reduce the risk of further large scale closures.
If you believe your child is medically exempt from wearing a covering, please email
with the medical exemption notice (preferably from a GP) so that we
can keep an up to date record.
With all of the measures put in place, we fully appreciate the potential impact they could have, but please rest assured that we will be doing all we can to ensure the return to school is as smooth as possible.
However, if you have any further questions about these, please contact your child’s tutor and head of year in the first instance.”
May be useful to compare your schools behaviour.
It’s worth bearing in mind Education Act 1996 says:
“7 Duty of parents to secure education of children of compulsory school age.
The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable—
(a)to his age, ability and aptitude, and
(b)to any special educational needs he may have,
either by regular attendance at school or otherwise.”
If you send your child to school then you have outsourced their learning, but you are still leagally responsible. If teh schoolis failing due to CV measures then you could potentially be in breach of the law. In effect the school has created aliability for you.
Example: A building contractor who sub-contracts is still liable if a sub-contractor breaks the law and someone suffers e.g gets injured.
Parents are primary (the boss), Schools are secondary (the subordinates), i.e. they work for us. Schools have to change to fit your child, not child changes to fit the school.
Is this template applicable to Scotland?
Could anyone advise me on the situation for university students? My daughter just started an ma degree which is taught face to face and been told she has to test twice a week. She has written to say she does not consent to this but worried about consequences. Is there a letter we can use to universities?
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