The Department for Education has repeatedly declined to be interviewed about the failings in school seclusion rooms – or consider making CCTV installation mandatory inside them, as with nurseries.
It did introduce a legal duty to record and report the use of seclusion.
But the families of Whitefield children say this is not nearly enough – and would not prevent similar abuse happening again.
The BBC also uncovered documents showing staff did record the use of seclusion for some pupils at Whitefield.
One observation report of David Gloria’s three-hour placement in a calming room recorded him crying on 38 separate occasions over the period, while asking to leave throughout.
He was also documented saying he was “confused” and did not “understand” why he was there.
David’s father, Ricardo, said that nothing has changed that would prevent the abuse at Whitefield happening again and families have been abandoned to care for their traumatised children.
“The extended delays have hindered justice for the children who suffered unfair treatment at Whitefield’s School over the years.
“It is crucial that some form of justice and a rehabilitation plan are established for the victims and their families.”
The Department for Education must act now to ensure the abuse at Whitefield never happens again, according to Jacqui Shurlock, chief executive of the charity Challenging Behaviour Foundation.
“The DfE has not taken sufficient action to stop the use of rooms which sound therapeutic, but are in fact used to seclude children for lengthy periods, leading to significant harm.”
The Department for Education said it had also revised guidance on the use of seclusion and planned to respond to the council’s safeguarding review.
“What happened at Whitefield was horrific, and a serious failure to protect children who needed it most”, said a spokesperson.
A spokesperson for Flourish Learning Trust, which ran the school when the footage was discovered, said it no longer operates any schools and none of the prior leadership are still in post.
“Whitefield School itself is now being run by a different trust which supports the outcomes from the review and has been working hard to transform the school and give every pupil the care, dignity and support they rightfully deserve.”
A Waltham Forest spokesperson said: “We are aware of the civil legal action led by Leigh Day. We will not be commenting further while legal action is ongoing.”
