A 12-year-old boy has been excluded for a taking a "toy gun" into McDonald's before class which has left his mother distraught. Mitchell Pollard has been booted out of Christ Church in Yardley Wood, a new school which opened in September, according to mother Pauline Pollard.
Pauline said Mitchell took a black and yellow toy gun to the fast food outlet and gave it to a friend who "shot a couple of pellets at two pupils". She says the school's punishment methods is "over the top" while the school insists that any decision to exclude a pupil is not made lightly.
The self-employed cleaner claimed her son was the victim of "unfair treatment" and likened the Church of England academy to an "army camp", reports Birmingham Live
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Mark Bowman Dalton, the headteacher at Christ Church, said: "Any exclusion is not made lightly and will follow the statutory guidance set by the Department for Education. Each case is treated fairly and will be reviewed by a panel of governors. Christ Church, Church of England Secondary Academy sets clear boundaries that encourage excellent behaviour and ensure the safety and well-being of everyone in the learning environment."
Pauline insisted that despite being permanently excluded her son was not a "wayward" child. She said Mitchell was now "considered a danger" despite not having threatened or harmed anyone.
"We found quite early on that the school is quite harsh," she said. "While we appreciate that they are going to try and set a benchmark and a precedent for a brand new school, they are a little bit over the top in punishment."
During a hearing - in which the school's board of governors upheld the exclusion - Pauline claimed she had provided "impeccable references" on behalf of her son. She claimed this included a worker at the local McDonald's where Mitchell gave the gun to his friend.
Pauline claimed the gun had been given to police who found no grounds to investigate. But she claims there was a "misunderstanding" a week earlier that left a 'blemish' on Mitchell's record.
During a class debate over the three things pupils would take to a desert island, Pauline said her 12-year-old joked about packing a pair of scissors to "stab himself in the neck" as he would not want to be alone. She claimed a teacher misheard this remark and thought Mitchell was threatening them.
Now, Pauline said she was in the process of appealing the decision. She insisted it was not a BB gun Mitchell was found with - because it didn't shoot ball bearings but "small plastic pips". She added it was black and gold in colour, making it clear it did not pose a danger.
"It's not a BB gun and this is where my argument lay," she added. "A BB gun obviously shoots high velocity ballbearing [and] this shoots small plastic pips. It's gold and black so it can be identified that it's not a firearm."
She went on: "It is ultimately for the fact that it is entirely unfair for Mitchell. Is he going to be subject to a naughty boy's school or what? At this moment in time, I don't know. He is not being educated in any way.
"It's a school not an army camp."
According to one police force, BB guns that fire plastic or aluminium balls "may or may not be firearms so may or may not be prohibited". West Yorkshire Police said this was because the pellets are fired by different methods.
The force said: "The soft air type of BB gun which is 'toy like', though it may be a little too powerful to be officially classed as a toy, does not fit within the definition of a section 1 firearm because it is usually too low powered and is probably designed to fire plastic [or] aluminium pellets. If you are unsure whether your BB gun is legal or not, you should check with your police force's firearms department who will be able to advise you.
"Given the nature of BB guns and their capabilities, it is not advisable to allow young children to be in possession of them. Also be aware that many BB guns are extremely realistic and the police treat all reports involving weapons as if they are real live firearms.
"Please note that all calls to police involving firearms are treated as if it is a genuine firearm so be aware that if you do wave an imitation firearm around you could find yourself surrounded by firearms officers pointing real weapons at you."