Headteacher suing two parents over 'harassment' at Wirral school

Pensby School is a foundation school based in Irby Road in Heswall and has been rated “good” since 2013. Its most recent inspection in 2023 said it continues to be a good school praising its leadership and performance with “a strong culture of safeguarding.”

However in 2023, the Critchleys, who had two children at the school, set up a Facebook group called FamiliesFightFlanagan as well as an Instagram page and a petition. The family said they had raised concerns about the school raising this with both OFSTED and Wirral Council and accused Mr Flanagan of bullying behaviour after attempting to raise concerns with the school.

According to legal papers stating his claim, Mr Flanagan is asking for damages for harassment, as well as an injunction to take down the Facebook group and Instagram page and while Mr Flanagan remains headteacher, the couple not enter the school or a restricted zone around it, appear at or enter Mr Flanagan’s home, publish any material about Mr Flanagan, or knowingly drive within 50m of him.

Brabners, which are representing Mr Flanagan, said he was “left with little option” but to pursue the case, adding it caused “significant personal distress for him and his family, while also causing unnecessary and upsetting disruption for the school.”

According to their defence, the family deny harassment and point out that Mr Flanagan has not sued for defamation despite threats. The response to the Critchley’s defence, seen by the LDRS, from Mr Flanagan’s representatives said this point is irrelevant.

The Critchleys argue the incidents between the couple and Mr Flanagan had been limited and didn’t cross the threshold for harassment. They said the Facebook group was “in response to what (Mrs Critchley) reasonably believed was poor treatment of her daughters” and “numerous other parents and former pupils felt the same.”

In March 2022, Mr Flanagan claims in court papers Mr Critchley became “angry, aggressive, and highly abusive” towards both himself and assistant headteacher Mrs J Gaultlett during a meeting. They claimed the meeting was cut short when Mr Critchley appeared to be “on the brink of physically attacking Mr Flanagan”, and Mr Critchley “was escorted from the school premises.”

However, in their defence the Critchleys argue the conversation was heated on both sides and denied being “on the brink of physically attacking” Mr Flanagan though Mr Critchley acknowledged he swore. The family claim Mr Critchley agreed to leave and Mr Flanagan also repeatedly placed his hand on Mr Critchley’s back, something Mr Flanagan said was “an entirely reasonable response” to Mr Critchley’s alleged behaviour.

The family said no complaint was made of their conduct until May 2023. Here Mrs Critchley went to the school raising concerns believing her daughter was being bullied but Mr Flanagan claims Mrs Critchley behaved aggressively “raising her voice and shouting at him.” He claimed this caused her daughter to cry.

The parents said in their defence this was after an incident where one of the daughter’s bag was taken by some boys in her class and thrown around the room. Her planner had been taken and was later thrown under a car. The family said her name had been crossed out and replaced “with the words “Faq Quad B****ley” and a drawing of a penis.”

Mr Flanagan’s representatives in their reply acknowledge two boys had taken the planner, drawn on it and written an offensive name but do not admit any other details about what happened. He said the boys had been sanctioned for what happened but the incident was not bullying as it was a one off event.

The papers then state the headteacher then sent a letter to Mrs Critchley that “students and young people do say and do things occasionally that are hurtful” and “not all upset is bullying.” He said the school would investigate but accused Mrs Critchley of bullying behaviour.

In their defence, the Critchleys said their one of their daughters suffered from anxiety and panic issues as well as a physical medical condition. They also claim their other daughter was bullied by a group she’d thought were friends and “was subjected to name calling, taunting, and insults.” The family said this happened “on an almost daily basis” and raised concerns with the school.

At an attendance panel held after one of the girls missed school, the family in their defence claimed the bullying was described as “a way of life” and could be beneficial. This was denied by staff at the school who claim they said: “Arguments are a part of life, and whilst they can be unpleasant, they can also build up resilience.” At a second meeting, the defendants claim staff said she was just experiencing “simple dislike.”

A letter was also sent to the school by the family’s GP included in the legal documents raising concerns about the impact of bullying on her mental health. The letter said the family “do not feel her situation has been addressed in any way” describing it as “unchecked and rather remorseless bullying at your school.”

Mr Flanagan responded to the letter to say he was shocked by its tone and content, and those accused of bullying “would be horrified to be labelled by a professional, not in possession of the full facts but clearly defining them as bullies.” He said one of the girls had missed nearly two years of education across two schools.

Another letter from the school said they had “reason to believe that the letter is false and the matter is a case of patient document fraud.” The GP responded to say they did write the letter but apologise for not knowing the school had already investigated the allegations.

According to legal papers, Mrs Critchley set up a Facebook group in May 2023 titled “Families Fight Flanagan” claiming she was “sick to the back teeth” of Mr Flanagan’s “disrespect.” She alleged Mr Flanagan had victimised the family and asked people to join the group and make complaints to OFSTED. The family claim they believed “this was the only way they could bring attention to their experience of the claimant” and were exercising their right to freedom of expression and opinion.

Legal papers for Mr Flanagan said “many accepted those (Facebook) requests and joined in” but Mr Flanagan rejected the claims and considered the webpage to be harassment arguing there was no way he could defend himself. According to the papers, parents claimed staff “treat the kids like s**t it’s one of the worst schools I’ve ever heard of” and Mrs Critchley alleged Mr Flanagan “gets his teachers to do his dirty work as he is spineless.”

However, these legal papers also claim some parents felt it was “like a bit of a witch-hunt” and “no school is perfect.” One comment from Liah Melissa which was used in evidence said her daughter had been through the school “with no issues and great results” arguing “the school has completely turned around.”

Mr Flanagan’s representatives said other parents raised concerns it would put their children’s education “into jeopardy” while one parent, who said her children had SEND, had had no issues and called Mr Flanagan “a fantastic head.”

The papers state in one post on the page headed “Please share,” Mrs Critchley said: “Fed up of Flanagan? Wish you could put a stop to his blatant bullying behaviour? It’s time to put a stop to his questionable leadership. His pupils are now pawns, they are OUR children. Join the revolution on FB.”

In another post in which Mr Flanagan denies all the claims put forward, Mrs Critchley accused Mr Flanagan of “unprofessional and bullying behaviour” and suggested children had been made to sit in silence, not move from their chair or go to the toilet or be given no food all day.”

Mr Flanagan claimed the family had turned up at the school for no reason on several occasions and someone linked to the family, initially claimed to be Mrs Critchley’s brother, shouted the word “Nazi” at the school.

However, the Critchleys said they live close to the school and knew many parents. They do not recall anyone shouting the word Nazi and Mrs Critchley does not have a brother. Mr Flanagan is now claiming this is the partner of her sister.

Other posts on the group told parents of children with special educational needs and disabilities to “beware” of the school. Lawyers for Mr Flanagan said neither of the two children at the school were pupils with SEND and that one of the girls was not “bullied out” of the school. They claim staff did not believe Kayti was being bullied “but was unhappy about the consequences of the breaking up and movement of friendship groups.”

Mr Flanagan’s lawyers claim the group became “an echo chamber for the disgruntled and querulous” after those supportive of the headteacher left. In a letter sent in June 2024 to parents and carers responding to the page, Mr Flanagan said the claims were “unfair and unfounded” and he “was so upset about the way in which he was being targeted and insulted that he was considering resigning.”

Following the letter, the Facebook page remained up with further comments describing Mr Flanagan as “despicable,” “a “bully”, someone who has “humiliated many children,” and a “liar.” After a further letter by Mr Flanagan thanking people for their support, other posts accused Mr Flanagan of barring parents from the school, called for him to be sacked, while a pupil claimed she had been given detention after being “bullied and kicked in the toilets.”

After this a letter was sent from the school’s Governors asking the Critchleys to close down the page. They said: “Seeking to undertake a trial of the Headteacher and school by social media is a dangerous exercise and we believe it amounts to a course of conduct designed to harass.”

According to Mr Flanagan’s legal papers, school staff reported the couple to the police who visited the family but they took no further action. The Critchleys had also sent a letter to the governors calling for Mr Flanagan to be suspended pending investigation.

Mr Flanagan also alleges the couple incorrectly refused to allow one of the girls to sit through a detention. When this was raised in person on June 28 2023 with Mr Critchley, Mr Flanagan accused Mr Critchley of calling him a “f***ing k******d” and Mr Critchley was barred from entering the school. Mr Critchley felt he had been set up over the incident.

Mrs Critchley later turned up which Mr Flanagan claims led to abuse being shouted at him. One of the girls was eventually allowed to leave school and did not return for the rest of the term. Mr Flanagan claims later that night Mr Critchley sent him an email and the next day turned up at his house which Mr Flanagan felt was “to intimidate and harass him.”

The Critchleys said before this, they had seen a white Volvo owned by Mr Flanagan outside their house on a number of occasions. However Mr Flanagan said his partner Emma Price, SEND and pastoral lead at the school, owns a white Volvo but the nearest she would have parked is more than 100 metres away on Pensby Road when visiting a friend.

The Critchleys also sought to obtain CCTV footage of the incident on June 28 but the school considered this “plainly vexatious, designed to harass and to waste the time of school staff.” Another letter from the governors said the parents could not contact any member of staff or governors or the school by telephone.

The Critchleys later sent an email to Wirral Council with 40 allegations against Mr Flanagan which he claims are false. The council said for the couple to contact the school directly and told the school a complaint had been made to OFSTED.

The council also forwarded a “whistleblowing” report sent to the Department for Education to the school. Mrs Critchley said she had made a complaint to OFSTED but said this was after speaking to the Citizens Advice Bureau and “an attempt to report what she believed were serious concerns which had come to her attention.”

In the legal papers, Mr Flanagan also claims Mr Critchley followed Ms Price “in a dangerous and threatening way” while driving, allegedly leaving Ms Price “upset, shaken, and in tears.” Mr Critchley said he’d never met Ms Price in person and denied the claims as he was returning from Wales and taking his usual route.