A HEADTEACHER suing two parents whose children used to go to his school could face costs of more than £500,000 as the case progresses.

Kevin Flanagan, headteacher at Pensby High School since 2015, is looking to take Keith and Stephanie Critchley to the High Court.

Pensby High 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 Kayti and Leigha 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 including with both OFSTED and Wirral Council and accused Mr Flanagan of bullying behaviour after attempting to raise concerns with the school. A separate council investigation is currently ongoing looking into concerns raised about 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 following a number of incidents.

Mr Flanagan’s lawyer, Nick McAleenan, harassment law specialist at independent law firm Brabners, said: “Mr Flanagan – who is supported by the school’s governors – felt that he was left with little option but to commence High Court proceedings,” adding: “Legal action was a last resort.

“The legal claim states that the campaign has caused significant personal distress for him and his family, while also causing unnecessary and upsetting disruption for the school.”

No date has been set for the trial but costs have been submitted by Mr Flanagan’s lawyers detailing their fees in relation to the case. A costs hearing is now due to take place on October 24.

In total, Brabners have estimated a grand total of £546,637.63 including £49,308.80 in pre-action costs, £45,802.50 in issue and statements of case costs, £296,063,33 in other pre-trial costs, £135,225 in trial costs, and £20,238 in settlement discussion costs. It’s understood the costs of the case will not be coming from the school’s budget or linked in any way to school finances.

According to their defence, the family deny harassment and point out that Mr Flanagan has not sued for defamation. 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 their defence, the Critchleys said their daughter Leigha suffered from anxiety and panic issues as well as a physical medical condition. They also claim their daughter Kayti 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.

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 she 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 special educational needs (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.”

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 Kayti 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, and 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.”