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Josh Sandiford & Annette Belcher-BM & Josh Sandiford

Pupil excluded from school after 'taking toy gun to McDonald's'

A mum has spoken of her devastation after her son has been removed from school for taking a 'toy pistol' to McDonald's. The pupil has been excluded from the new school in Birmingham after the 12-year-old took the toy to the fast food restaurant.

Mum Pauline said son Michael took the toy gun to McDonald's and gave it to a friend who Pauline said later "shot a couple of pellets at two pupils," BirminghamLive reports. The school has said a decision to exclude a child is not made lightly but the 53-year-old mum has suggested its punishment methods were "over the top".

Pauline, a cleaner, has accused the school of "unfair treatment." The mum has also likened the Church of England academy in Yardley Wood to an "army camp".

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 said her son is not a "wayward" child. She said Mitchell was now "considered a danger" even though he has not threatened or harmed anyone. "We found quite early on that the school is quite harsh," she said. "Whilst 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 said: "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. 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."

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