Son hit by fireworks - school tries to have me arrested

[esd]

We were at an organised firework display tonight at my 4yr old son's school.

So... firework hits the barrier in front of us, bounces off and goes bang. I start thinking "we need to get out of here". Next thing another firework hits our son on the leg and lands between his feet. I just grabbed him, dunno where, whether it was his hair, arm, hood, whatever - I just threw him off the firework behind me. At the same time I shoved the kid stood to my right with my tripod and threw myself backwards while also knocking our son's friend back off her feet. Our son lands on the buggy, containing our 6month-old daughter. The buggy stopped at a 45-degree angle, caught by my partner.

I stand up, get between everyone near me and the barrier and start shouting at them to get back, waving my arms as more fireworks start heading our way. People listened. StJohns Ambulance were stood in a group nearby and come over. I tell them to contact the people setting off the fireworks to tell them to stop launching. StJohns refused! Told me to go talk to the organisers!

So, I track down the nearest member of staff. They tell me there's no contact with the people launching the fireworks. I ask if they have mobiles, they say "yes". I tell them to phone them. They tell me to go talk to the headmistress.

Furious, I stomp off and go to where people were serving food and demand to see the head. Eventually she shows up. I tell them what happened. They tell me it was a faulty batch of fireworks that they've now stopped launching, but the show was still continuing! I tell them something must have gone wrong in their H&S assessment, and that this wasn't good enough. I tell them that if nothing is done, I'm calling the police. I also state I was taking photographs at the time the firework headed our way. They say "that could be useful, can we have a look?". "Sure" I say, "one moment, I'm still recording"...

Like a red rag to a bull.

"You can't do that! You'll have to come with us!" and start frog-marching me inside.
"What? Yes I can!"
"No you can't, we're calling the police!"
"Be my guest, I know my rights. This place has a reasonable expectation of having public access, which means there is no restrictions on photography"
"Yes there are restrictions!"
"No, there's not. I know my rights on this"
"You can't do it without our permission!"
"This is a public event that has a reasonable expectation of being a public place!"
"You can't record us"
"Yes, I can. I'm doing so for evidential purposes"
"It's not evidence!" says her husband.
"Yes, it is!"
We reach the reception office.

Once inside, her husband takes position by the door, blocking it.
"Tell you what" I say, "would you like me to call the police for you?"
"Ummm..."
"What's the Bungay number? 01986...?"
"Ummm... dunno" as she pulls out a phonebook.
"Tell you what, lemme look"
"It's her phonebook!" interjects her husband.
"Are you trying to stop me calling the police?" I demand.
"Don't be silly!"
"Well you're holding me against my will" (referring to the fact that the husband of the head was blocking the door)
"Don't be a drama queen!" he says.

So I call 999.

I tell them I'm being held, where I am, what's going on. At this point the head and her hubby started to loose interest in me. I walk out of the office while on the phone to the police. They say an officer's round the corner and will be along shortly. I go back into the office to tell them, and then go outside to wait.

The head comes out and walks past. I try to talk to her, asking what's being done about the fireworks. She tells me not to talk to her, and that I'm harrassing her!

Fine, so I go outside and tell my partner to go home, and that I'll be home ASAP. I go back in and wait for the police.

Lots more people pile in, complaining they've been hit by fireworks.

The police show up. The head comes out and tries to escort them to her office, until I interjected and pointed out that I am the complainant, not them. The officers listen to what happened breifly, and then we all go into the office. The head says she wants to talk to the police without me in the room.

Ok, so I go off with one of the officers. Tell him what happened. Tell him that I was within my rights to take the footage on account of it being a public event, therefore doesn't have a reasonable expectation of being a private space. The officer agrees with me. The officer then asks if they touched me at all, to which I reply "no". He says then that there's nothing they can do about it.
The other officer comes out and says it's not in their juristiction, but that of Health and Safety. I point out the real reason I called them, which wasn't the fireworks. The officer says "well, if they eject you for photography, they'd have to eject everyone else as well!".

I show the officers my footage (offered to do so). They seem quite happy that I acted within my rights and say I can go. They also state the head's asked me to leave the premises. They didn't even escort me from the premises, they left me to my own recon!

I am still fuming. Practically shaking with adrenalin and fury. I'm worried they will hold this against our son and exclude him - or possibly ban me from the premises, thereby effectively expelling our son.

Tomorrow I plan on meeting the head and establishing that this was an extra-curricular activity, and that the police saw nothing wrong with my actions - therefore it shouldn't be held against our son. This is between me, and the head.

I'm also taking this to the Health and Safety executive, and depending on the head's reply, the Education Authority. I'm very close to compiling my footage, this story, and sending it to the press (El Reg would have a field day with it!).

GAAAAAAAAAAAAAAAAAAAH.

[enlightened]

Goodness man! That's insane. Good thing your son is alright.
Some people...bah dunno what to say they're dumb as heck. What a lousy headmistress and how dare she even hold something like this against your son. That really is shallow of her, good luck talking things over mate.

I'm also surprised the police didn't do anything, they should've atleast scolded the head for being irresponsible and creating a potentially hazardous situation without being sorry for it.

[Isileth]

Yeah I really hope something is done about that. Bad enough your son (or anyone) was in a position to be hit by fireworks let alone that they then do nothing about it.

Had a similar incident at a display I went to, was just in a pub garden where they had foolishly set up the firework boxes on folding tables with little mounds of sand on them. Of course the moment they started going off they tipped right out of the sand and pointed straight into the crowd. Had one brush my hair as it went over. The whole time they kept setting more off even though they just fired straight into the pub wall 10 meters away and no one seemed to be bothered.

Been scared of fireworks ever since (unless im behind some sort of barrier at any rate)



As for the school, you did nothing wrong as the police themselves have confirmed. But its also not their place to act unfortunately.

Hope you get it all sorted out all right.

[Anubis]

Wow...some people. Not stopping the fireworks after they've been hitting people and trying to have you arrested for taking pictures? Complaining to the Local Council about the former, either to Health and Safety or Children and Young People's Services, is the right way to go. Safety of kids at public events certainly does come under their jurisdiction, and with your evidence they certainly should have to take some sort of action, though I am unsure as to what that would be in this situation.

Of course, if you don't get sufficient or acceptable action taken, then the press is your next route. It would make a story certainly, but it would possibly also damage your case with the Council or their ability to act - so make sure you go down that route as a last resort.

As for the Headmistress, she'd have a hard time winning an Unfair Dismissal hearing if she expels/effectively expels Manny because of this. And if she starts unfairly treating him in any other way she opens herself up to discrimination charges based on personal issues. She can't be so stupid as to put herself in that position. I am sure that it won't come to that, but I'll keep my fingers crossed for you regardless.

I am at least glad that neither yourself, Manny, or anyone else was hurt. Could have ended up a lot worse than just a run in with the Police.

I usually stay in the house and watch others' fireworks displays from the windows. Safer, and after reading this I am glad that's what I do.

[BlackDove]

What was the damage to the people from the fireworks?

[esd]

What was the damage to the people from the fireworks?

Manny was bumped, a pregnant woman and a little boy had medical attention (dunno to what degree). One woman was hurt as the crowd leapt back. Countless children were in hysterics.

We've had a generic letter sent out with the kids when we picked 'em up. Here it is, verbatim (names removed):

xxxxxxx

6th November 2008.

Dear Parents/Guardians,

As you may be well aware at the Bonfire Fireworks display last night a rogue firework flew towards the crowd. To my knowledge, thankfully, nobody was hurt. Obviously many adults and children were very upset and myself, staff and governors are equally upset. I would like to assure you that I have today spoke with all the children who came to the event. I spent some time toalking about the incident, explaining about shock and how it affects us. I then went on to discuss fully the emotional issues surrounding such an occurence. I took the children outside onto the field in order to show in daylight the area and distances to give them extra reassurance.

In addition I have personally met with those few parents who wanted to talk further about the incident.

These fireworks are not like those for domestic use, they are provided in batch packs with a single ignition point. We can see from closer inspection that the rogue firework ignited successfully but part shot through the side and accross the field splitting into parts as it went. All the other fireworks were immediately checked for similar type/batch and it was discovered there were none. Had there been any these would have been removed from the display.

We will of course undertake a full enquiry and notify you of the outcome.

Thank you for your continued support and understanding.

Yours sincerely,

xxxxxxx
Headteacher.

There was more than one firework - several parents mention this to me this afternoon too. There's also no apology in the letter at all. Not even a hint of one.

While I was talking to one of the other parents, a bloke came up and started going on about how it was "only one firework" that I was "casting aspertions" and getting really quite heated. He also said the police were only there for traffic duty! He obviously missed them coming to see me. He said he was the one launching them!

I've arranged with a couple of the mums to come with me to the meeting tomorrow. If they can have governors there, I can have someone with me.

[undrin]

I am not sure what the laws are where you live but here in the U.S. that would be a good case for a cival suit let alone working with the H and S Department. Especially if they take it out on your son.

[Fenavian]

As sue happy as we Americans are, And as much as I hate bringing out lawyers into situations, I would have to agree with Mark. You should contact a lawyer and show him/her the footage and see what your legal rights are. Someone could of been seriously hurt or worse!

[esd]

Well, had the meeting with the headteacher and the chair of the school governors this morning. Started off by saying that I accepted I could have handled things better, but that in my defence I'd just pulled my son off a lit firework. I also said I hoped there was no personal animosity between us, at which point the head stuck out her hand and shook mine. That'd be a "no"

So we got on to the fireworks, I made it clear I wasn't interested in suing, nor getting a refund, nor talking to the media - that I just wanted to stop what happened this year from happening next year.

I covered that we'd felt abandoned, that there seemed to be no marshalls available. They told me how many marshalls they had on duty, and where they were. We discussed how hard it was to find them, and we came up with some possible solutions (such as a "marshall spot", and even half-jokingly mentioned a 10ft stick with a big yellow triangle on it to show it's location).

We discussed the radios they had, and they noted down the suggestions I had about them.

We discussed the fact that the fireworks continued, and while we didn't agree she did at least note that I felt it would have been better to pause the display to tell the crowd what happened.

We discussed the number of fireworks, and she actually had the offending firework to hand, which she showed to me. This bit will be covered in the investigation, so I'm not going to discuss it here. Needless to say, it was covered to my satisfaction.

They seemed quite interested in my idea of an inner fence around the launchsite, agreeing that it would have helped to prevent it. We also discussed a risk assessment is about forseeable risks - and that now in hindsight the inner fence was a good idea.

I checked if they'd informed the various bodies, they said "of course".

And the apology - they apologised to me in person, said about their plans for a public apology in due course and we also discussed the future of the show. I was even offered a place to come along and help.

All in all a very productive meeting which has lifted a huge weight from my shoulders. There's no animosity, and the head and I even chatted about cameras, photoshop, computers and photography in general.

For me, that's an end to the matter.

Yes, this post may seem a bit vague... but there's an investigation taking place and I don't fancy the media or anyone else reading things into what I've said about the meeting.

[Fenavian]

No worries here mate. I am just glad everyone is ok in the matter. Safety should always be a number one concern. I am glad you were able to handle this amicably.

[enlightened]

Good to see things have been resolved

[Lee]

original event sounds frightening. Glad the meeting went well - and more importantly no one was 'properly' hurt. From your original adreneline fuelled post, there seems to be plenty of careless fools about doing marshalling type things....


-you find vulture readers all over the place...kudos.
incedentily, just because a police officer says something doesnt make it so -they are enforcers not legal eagles.

[BlackDove]

All in all a very productive meeting