Three mothers are considering launching legal battle with Government claiming school closures during coronavirus crisis may have breached their children's human rights

  • They have written to the Education Secretary to ask if pupils' mental welfare was considered
  • The mothers say social distancing in schools could cause long-term damage
  • Schools will return on for select year groups for the first time since March 20
Three mothers are considering suing the Government over school closures - amid claims they may have breached children's human rights and pupil's are being 'treated like they're germs'. 
The women have also written to the Secretary of State Gavin Williamson to ask whether the 'long term physical and mental welfare' of pupils has been considered, and to raise concerns about social distancing.
Campaigner Christine Brett, who has two children, said: 'These are healthy children who have been quarantined for 12 weeks - they shouldn't be treated like they're germs, disinfected on entry and separated on to individual tables.' 
'Us and Them' campaign group founders Molly Kingsley, 41, Liz Morris, 46, and Mrs Brett, 48, all from Cambridgeshire, have one child each returning to school and another still stuck at home.
They claim 'overwhelming evidence' that lockdown is having a devastating impact on children's wellbeing may have been overlooked. They also fear draconian social distancing rules, planned for when schools return, could cause long-term mental damage to children.
Schools are set to return today for the first time since March 20 - after being closed down because of the coronavirus - but an estimated one million of the two million children eligible to return are expected to stay away from this morning and parents who shun open schools will not face any fines.
Ministers are trying to reassure parents it is safe. The majority of primaries are expected to open to reception, year 1 and year 6 from today, despite fierce opposition from the National Education Union. At the 11th hour, the union again attempted to scupper openings, claiming they should be delayed until June 15 to protect youngsters and teachers.
Former lawyer Molly Kingsley (pictured) is one of three mothers who said evidence the lockdown harms youngsters’ well-being may have been overlooked
Former lawyer Molly Kingsley (pictured) is one of three mothers who said evidence the lockdown harms youngsters' well-being may have been overlooked
Liz Morris, 46, is one of three mothers who set up the Us for Them campaignChristine Brett, 48, is one of three mothers who wrote to Education Secretary Gavin Williamson to ask whether the mental welfare of pupils has been considered
Welfare fears: Campaigners Liz Morris, 46, left, and Christine Brett, 48, right, are two mothers who could sue the government over school closures
Some councils, many of them Labour-run, have also blocked re-opening for now.
The three mothers launched the 'Us for Them' campaign on behalf of parents who say they were made to feel like pariahs by admitting they disagreed with children being kept at home because of Covid-19.
The wellbeing of children must be taken into account in the government's decision-making, they say.
The scientific advisory group, known as Sage, said the risk of children catching the virus while back at school was 'very, very small, but it is not zero'. It also found there was not a higher risk to teachers of being infected compared to other adults going back to work.
The mothers' group, which was formed when they met online, is also arguing against extreme social distancing rules, such as toddlers being banned from playing with soft toys, which could be implemented when children return.
Such measures may contravene the UN Convention on the Rights of the Child (UNCRC), which states the best interests of the child must be the primary consideration, they say.
Almost 2,000 parents and teachers who previously feared speaking out in support of a return have rallied behind the campaign.
Many parents are now too scared to admit they want to send their children back to school after unions opposed the reopening of classrooms next week, according to Mrs Kingsley.
The group has been 'deluged' with messages from parents, teachers, and even psychologists thanking them for their bravery in starting the campaign, she said.
The former lawyer, who has two daughters aged three and six, said: 'We've had so many private messages of support - from parents who have felt unable to speak out on their school WhatsApp groups or Facebook groups for fear of a backlash.' The lobbying group has written an open letter to the Education Secretary asking to know what investigations were done into the impact on children's mental and physical welfare when guidance was drawn up.
A classroom is seen with tables and chairs socially distanced at Heath Mount Prep School  in Watton-at-Stone, Hertfordshire, as they prepare to reopen today
A classroom is seen with tables and chairs socially distanced at Heath Mount Prep School  in Watton-at-Stone, Hertfordshire, as they prepare to reopen today
They also ask why views of parents and experts on children's welfare appear not to have been considered.
The letter adds: 'We absolutely recognise the challenges for Government at this time but your policies cannot - morally or legally - subordinate the welfare of children to other interests.' They have instructed a team of lawyers - including a leading human rights QC - to examine whether the government's actions so far and the distancing proposals may have been unlawful.
Mrs Kingsley said: 'If it transpires that the Government has failed to take into account the welfare of children, as a primary consideration, we are prepared to take legal action.' Mrs Brett, a health economist, said: 'The unions represent the best interests of the teachers, and that's their job, but who's representing the best interests of the children?
'The risk of transmission between children is minimal, according to the experts, whereas the risk of the damage to their wellbeing is high.
'Parents have very much been led and frightened by the risk of the virus. But this fear is stopping them from being rational about what this is going to look like for their children going back to school.' 'These are healthy children who have been quarantined for 12 weeks - they shouldn't be treated like they're germs, disinfected on entry and separated on to individual tables.
'Most of us would see that as a punishment, but they haven't done anything wrong. How is that going to make them feel?,' she added.
Social distancing hoops at Holywell Village First School in Northumberland
Social distancing hoops at Holywell Village First School in Northumberland
Mrs Brett is also a children's yoga teacher.
The mums regard the social distancing rules, planned for when schools and nurseries re-open, as draconian.
Mrs Brett said: 'Children are social beings and it's really worrying that instead of going back to a supportive environment where they can actually recover from what's happened, they're going to be further damaged.'
A Department for Education spokesperson said: 'Throughout the COVID-19 pandemic our decisions have been based on the best scientific and medical advice, with the welfare of children and staff at the heart of all considerations.
'We have placed significant emphasis on mental health and wellbeing in our planning framework for the wider opening of schools, and have provided advice for parents and carers on looking after children's mental health during the outbreak.
'We have also provided over £100 million to boost remote education, including providing devices to those children who need it most while working with partners to look at what additional measures may be required to ensure every child has the support they need to deal with the impact of coronavirus on their education.'
 
Teachers tell of nerves as they defy unions and head back to the classroom today when two million primary school pupils return across England - but up to one MILLION may be kept at home
By Luke May for MailOnline
Teachers have shared their nerves as they prepare to welcome pupils back into the classroom for the first time in more than two months - but up to a million children may be kept at home amid fears from parents.
Before classrooms begin to fill this morning, teachers have been sharing their support for one another as schools reopen with unprecedented social distancing measures in place to keep pupils two metres apart.
Pupils are being dropped off in pens at some schools, while a three-strike policy could see some children sent home if they don't follow social distancing rules.
One teacher wrote this morning: 'Lots of us are going to feel very apprehensive and anxious about the new changes, however that looks in our school. We stand with each other.'
History teacher Chris Beach said: 'First day back in school today. We in Guernsey are blessed to have no active cases, but I am worried for friends and ex-colleagues in the UK - stay safe everyone.'

What can I do as lockdown measures ease in England? 

Coronavirus rules are changing in England from today, here are some important things to bare in mind.
Can I meet more people?
From June 1 you will be able to meet up to six people from separate households, in outside spaces.
This means that you can meet limited numbers of family and friends in gardens and parks, but you must continue to follow social distancing rules.
You can play sports with the people that you meet, but only if it is possible to keep a two-metre space between you, such as tennis or football. 
Will my children go to school?
Primary schools can begin to open for pupils in Reception, Year 1 and Year 6 from Monday.
Vulnerable children and children of key workers can still go to class, and teaching can start for older pupils in Year 10 and Year 12 in two weeks time, Monday June 15.
Will any more shops be open?
Most non-essential shops will remain closed on Monday, but car showrooms and outdoor markets will be allowed to reopen.
Other non-essential shops can start to trade again from June 15.
Can I go on a day out?
Day trips to outdoor spaces are allowed as long as you do not stay the night. While on a trip people have to maintain social distancing and hotels are still closed.
Will there still be punishments for breaking the rules?
Yes, and fines for rulebreakers have been increased.
Penalties for a first offence are now set at £100 (reduced to £50 if paid within two weeks) and double for every subsequent rule breach, up to £3,200.
If I am shielding can I leave the house?
From Monday, the two million people who have been shielding in England can now leave the house to spend time with people outdoors.
Those considered extremely vulnerable will be able to go outside with members of their household, while continuing to follow social distancing guidelines.
And those who live alone can meet outside with one other person from another household, also adhering to social distancing guidelines.
What are the rules in Wales?
From Monday people from two households in Wales will be able to meet outdoors, as long as they do not travel more than five miles and observe social distancing.
People who have been shielding will also be able to exercise outdoors and meet people from another household, but must not go into another house or share food.
What are the rules in Scotland?
Since Friday, people north of the border have been allowed to meet in groups of eight, outdoors in parks or gardens, but these gatherings can only include members of two separate households.
There have been no changes to rules for people who are shielding.
What are the rules in Northern Ireland?
Some rules will be relaxed in Northern Ireland on June 8.
In a week, some more shops such as car showrooms can open, and outdoor weddings will be able to take place, but limited to fewer than ten people.
Pets can also go to grooming parlours, and outdoor sport facilities will be allowed to openAnother commented 'Anxiety through the roof for many,' as primary school children in Reception, Year 1 and Year 6 are able to return to school after 10 weeks out.
Schools have been preparing for classrooms to reopen for weeks, corridors have been marked off to keep pupils apart as they go about their school day, while desks have also been moved to maintain a distance of two metres between schools.
Most teachers have reduced class sizes, which will operate in bubbles, with no interaction with other classes.
For younger years, toys have been taken out of classroom and are being kept in storage out of fear they could hold Covid-19 germs.
Brian Walton, head teacher at Brookside Academy in Somerset, spoke to Good Morning Britain ahead of pupils' arrival from 7.30am.
He said: 'Like headteachers up and down the country we've been planning this probably from when lockdown started really. It's taken meticulous plans consultation with staff and parents.
'Like most of the teachers right now I'm glad it was a really early start because I probably wouldn't have slept anyway.'
Children are at an extremely low risk of catching coronavirus. The majority of hospital admissions are people over 60.
The main concern over pupils returning to school is the potential spread of germs between different households, while teachers who may be at risk could also be exposed.
Headteachers have also predicted that more than one in five teachers will be forced to work from home because of health conditions, their age or because members of their family are vulnerable.
Co-headteacher Matt Ferris of Kingsholm Primary School has explained many of the new features in response to parents' questions over how their children will adapt to social distancing measures,
They will be given a designated time slot and and allotted area - or pen - where they leave their child before heading off along a designated walkway.
Pupils will be told to maintain social distancing between others, and they will only be allowed to mix with a small number of others.
Students who do not conform with the social distancing rules will also be sent home on a three-strikes policy.
In a video published on the school's website, Mr Ferris talks parents through what they can expect when Year 6, Year 1 and Reception and nursery children return on June 1.
Drop off and collection times will be staggered with queues and marked walkways for parents and pupils to follow.
Kingsholm is using timeslots based on surnames, with parents being asked to drop children off alone, without siblings or other children.
Pupils will be dropped off by parents in to pens that will be sectioned with barriers as they arrive.
Ministers last night reassured parents that reopening primary schools today is safe amid fears that up to a million children may be kept away.
Housing Secretary Robert Jenrick said it was 'extremely important' children went back to school.
It comes as a study suggested up to half of families may shun sending their youngsters to lessons due to worries about the spread of coronavirus.
This means that a million children, half of those in Reception, Year 1 and Year 6, could be kept off, in a blow to the government's hopes of getting back to normal.
The majority of primaries are expected to open from today, despite fierce opposition from the National Education Union.
At the 11th hour, the union again attempted to scupper openings, claiming they should be delayed until June 15 to protect youngsters and teachers.
Unions are also vehemently opposed to rumours of summer school classes being set up for vulnerable children. Minsters are thought to be considering it as a possibility to make sure pupils get the best opportunities.
Dr Mary Bousted, joint general secretary of the National Education Union (NEU), told Sky teachers should not have to work over the summer holidays.
She told Sky's Sophy Ridge on Sunday: 'Teachers have been working flat out to provide education for children at home.
'So what should happen is – and we do support this – clubs and activities on a volunteer basis.'
But Education Secretary Gavin Williamson attempted to allay parental and staff concerns, insisting that Government decisions throughout the pandemic are 'based on the best scientific and medical advice'.
He said: 'While there might be some nervousness, I want to reassure parents and teachers that the welfare of children and staff continues to be at the heart of all of our considerations.
'For the past three weeks the sector has been planning and putting protective measures in place.'
Speaking at the Downing Street briefing, Mr Jenrick said ministers believe it is 'possible to open schools safely'. He pointed out that 80 per cent of schools have been open throughout the pandemic, with thousands of teachers already educating children of key workers as well as vulnerable pupils.
Mr Jenrick said: 'It may be that there are some parents out there today who have not yet made the decision to send their children back to school but will do so in the days ahead when they've seen other people make that step and schools manage to reopen safely.
'I certainly hope so, because it's extremely important that we do get children back to school.
'All of the evidence suggests that it is children from the most deprived, the poorer households, who are losing out by not having that crucial face-to-face contact that you get in a school setting. I don't want to see that continue for any longer.'
Government safety measures include returning primary pupils having access to coronavirus testing, along with symptomatic members of their family. They will be kept in small, socially distanced groups of no more than 15 throughout the day, with staggered breaks, lunchtimes, drop-offs and pick-ups.
Dr Jenny Harries, deputy chief medical officer, told the press conference that testing capacity across the country 'is now very significant' at up to 200,000 a day.
She pointed out that the 'risks of social interactions are reduced' as pupils will be kept in small groups. Boris Johnson wants nurseries and early years providers to reopen today, and primary schools to allow back their Reception, Year 1 and Year 6 groups.
Some students in Year 10 and 12 will be allowed to meet face-to-face with their teachers at secondary school from June 15.
The majority of primaries are expected to reopen. But many are only admitting a fraction of eligible pupils, with the introduction of rotas, as they struggle to adapt to smaller classes and reduced teacher levels.
The National Foundation for Educational Research surveyed 1,233 head teachers in state primary and secondary schools in England.
They expect nearly half (46 per cent) of families to keep their children at home because of their concerns around coronavirus or the need to self-isolate. The figure is slightly higher for primary schools (47 per cent) compared to 42 per cent in secondary schools.
Across all schools, those with the highest proportion of pupils eligible for free school meals – an indicator of poverty – estimate the figure to be 50 per cent. This compares to 42 per cent in schools which have low levels of disadvantaged students.
 
Don't snub our open schools: Ministers tell parents that reopening classrooms is safe amid fears many will keep their children away when lessons restart today 
Sarah Harris for the Daily Mail 
Ministers last night reassured parents that reopening primary schools today is safe amid fears many will keep their children away.
Housing Secretary Robert Jenrick said it was ‘extremely important’ children went back to school.
It comes as a study suggested up to half of families may shun sending their youngsters to lessons due to worries about the spread of coronavirus.
The majority of primaries are expected to open from today, despite fierce opposition from the National Education Union. At the 11th hour, the union again attempted to scupper openings, claiming they should be delayed until June 15 to protect youngsters and teachers.
Housing Secretary Robert Jenrick said it was ‘extremely important’ children went back to school

Housing Secretary Robert Jenrick said it was ‘extremely important’ children went back to school
But Education Secretary Gavin Williamson attempted to allay parental and staff concerns, insisting that Government decisions throughout the pandemic are ‘based on the best scientific and medical advice’.
He said: ‘While there might be some nervousness, I want to reassure parents and teachers that the welfare of children and staff continues to be at the heart of all of our considerations.
‘For the past three weeks the sector has been planning and putting protective measures in place.’
Speaking at the Downing Street briefing, Mr Jenrick said ministers believe it is ‘possible to open schools safely’. He pointed out that 80 per cent of schools have been open throughout the pandemic, with thousands of teachers already educating children of key workers as well as vulnerable pupils.
Education Secretary Gavin Williamson attempted to allay parental and staff concerns, insisting that Government decisions throughout the pandemic are ‘based on the best scientific and medical advice’
Education Secretary Gavin Williamson attempted to allay parental and staff concerns, insisting that Government decisions throughout the pandemic are ‘based on the best scientific and medical advice’
Mr Jenrick said: ‘It may be that there are some parents out there today who have not yet made the decision to send their children back to school but will do so in the days ahead when they’ve seen other people make that step and schools manage to reopen safely.
‘I certainly hope so, because it’s extremely important that we do get children back to school.
‘All of the evidence suggests that it is children from the most deprived, the poorer households, who are losing out by not having that crucial face-to-face contact that you get in a school setting. I don’t want to see that continue for any longer.’
Government safety measures include returning primary pupils having access to coronavirus testing, along with symptomatic members of their family. They will be kept in small, socially distanced groups of no more than 15 throughout the day, with staggered breaks, lunchtimes, drop-offs and pick-ups.
Dr Jenny Harries, deputy chief medical officer, told the press conference that testing capacity across the country ‘is now very significant’ at up to 200,000 a day.
Dr Jenny Harries, deputy chief medical officer, told the press conference that testing capacity across the country ‘is now very significant’ at up to 200,000 a day
Dr Jenny Harries, deputy chief medical officer, told the press conference that testing capacity across the country ‘is now very significant’ at up to 200,000 a day
She pointed out that the ‘risks of social interactions are reduced’ as pupils will be kept in small groups. Boris Johnson wants nurseries and early years providers to reopen today, and primary schools to allow back their Reception, Year 1 and Year 6 groups.
Some students in Year 10 and 12 will be allowed to meet face-to-face with their teachers at secondary school from June 15.
The majority of primaries are expected to reopen. But many are only admitting a fraction of eligible pupils, with the introduction of rotas, as they struggle to adapt to smaller classes and reduced teacher levels.
The National Foundation for Educational Research surveyed 1,233 head teachers in state primary and secondary schools in England.
They expect nearly half (46 per cent) of families to keep their children at home because of their concerns around coronavirus or the need to self-isolate. The figure is slightly higher for primary schools (47 per cent) compared to 42 per cent in secondary schools.
Across all schools, those with the highest proportion of pupils eligible for free school meals – an indicator of poverty – estimate the figure to be 50 per cent. This compares to 42 per cent in schools which have low levels of disadvantaged students.

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