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School 'refusal'

20 replies

KOKOagainandagain · 25/02/2015 08:41

Is there some information that anyone is aware of to counter the argument that school 'refusal' is a choice despite recognised anxiety (and therefore absence is not recorded as authorised)?

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Ineedmorepatience · 25/02/2015 08:44

Dd3 gets a mixture of authorised and unauthorised absences for school "refusal".

I always say "She is unable to attend to due anxiety" now but still dont think they know what to record it as Hmm

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PolterGoose · 25/02/2015 09:06

This reply has been deleted

Message withdrawn at poster's request.

KOKOagainandagain · 25/02/2015 09:13

It was phrased like this by me and al the paperwork leading up to tribunal. This was a particular issue due to failure of transition to m/s secondary. It is the head that is now saying that present inability to attend isn't medical and could be classed as refusal.

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ouryve · 25/02/2015 11:12

Can the head show you their psychiatric qualifications, Keep?

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KOKOagainandagain · 25/02/2015 11:43

I have not been able to face the reports done on the run-up to tribunal but having reread them, I will cut and paste quotes from those. EP, 2 SALT, OT, a comm paed and developmental paed. That should be sufficient evidence.

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senvet · 25/02/2015 14:01

Do you have a helpful GP?
The HT may be thinking in box-ticking mode, so if the GP is sympathetic and would write a letter that would shut her up clarify things for her.

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KOKOagainandagain · 25/02/2015 15:01

Been there and done that before senvet. Ds1 was out of school for most of year 7 (classified as medical with LA home tuition) prior to current placement in OOC Indi ss. I would have expected head to know that even if he is new.

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chimchimini · 27/02/2015 13:06

My son is refusing school, EWO is involved and extremely supportive. Given the amount of professionals involved with your child's care, I wouldn't have thought they've a leg to stand on.

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KOKOagainandagain · 19/03/2015 12:15

DS1 is still unable to attend school. The head is now saying that unless I provide him with 'official confirmation', as evidence, that absence is due to anxiety/stress, it will be counted as unauthorised. This is said to be necessary for the records as they will be inspected by ofsted and the DfE.

From the email it is clear that this is not evidence being demanded by the EWO or the LA EOTAS team. I know, from past experience, that they do not accept a GP letter or certificate as evidence for 'medical' status but require a consultant's or hospital doctor's letter. The evidence provided when DS1 failed secondary transfer makes it clear that he does not suffer from generalised overwhelming anxiety/stress at all times but that this is secondary to ASD and school related.

The academic circumstances are almost identical - last time it was transition to KS3 combined with a realisation that he had not made adequate progress to keep alongside his classmates and would have a f/t 1:1 or be in an access class at m/s, and this time it is transition to GCSE combined with an even worse (for him) realisation that despite boarding (which he hates) and attending a specialist school he has still not made adequate progress and now faces being streamed off into functional skills whilst his classmates study the GCSE curriculum (plus a new head and a new head of boarding).

I feel partly responsible because I took my eye off the ball whilst my Mum was ill and dying and for some months afterward Sad During this time the school announced that they had done their own SALT and OT assessments (not a repeat of the ones done pre-tribunal and for which there is statement provision) and decided that DS1 did not need SALT or OT. In fact, he never received it. First, he 'settled in' and then they carried out assessment. Several months later (in-between AR - and whilst Mum was in hospital and I was battling with NHS to get Continuing Care) I received reports from OT and SALT saying that direct support was not indicated. At that time (spring 2014) the school were reporting academic progress. Since that time progress has either plateaued or regressed.

I have had a long and frank discussion with the SENCO but the school response (following discussion with the head and all staff) was just to train up a Gappy to act as a mentor, as if this would be sufficient to persuade DS1 to return. Angry

I'm just so pissed off and disappointed with the school that I can't think logically about what I am supposed to be doing to cover my arse with the school and (when they find out about it) the LA. I am also massively distracted by the appeal of the final statement for DS2. Margo S visited last Friday and I had a meeting with the school and LA on Monday. DS2 has two school visits booked and DS1 has one visit booked (in case I can never get him back or decide that it is not the right place for him to go back to) and an indi SALT reassessment booked. It is all too much Sad

Given the circumstances, I don't think the head is merely box-ticking and would be happy to accept a GP letter.

Any advice, please...

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Ineedmorepatience · 19/03/2015 12:30

I am sorry to hear you are trying to juggle so much, it soumds like a nightmare!

I am also exploring the GP letter route for Dd3 at the moment! The LA EP has recognised her anxiety and is going to do some work with her. The EP seemed to agree with my move to not send her if she isnt able to get up and ready independently! Or if she is telling me that she cant cope.

I havent shared anything about school anxiety with me GP for a long time so thought I should in the hope that he will support us too, or write to the consultant!

Do you have access to a LA EP even if you are in an indie setting? I dont know if it would even help but it might be worth exploring!

Have Flowers Cake Brew

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bjkmummy · 19/03/2015 12:38

oh keep = what an awful lot going on. I had just kind of assumed everything was going well with DS1 at his school as I know how hard you fought for him to go there and for them to behave how they have is just awful plus your current battles with DS2 as well. didn't want to run and not comment - I don't have any real advice as such but here to listen

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KOKOagainandagain · 19/03/2015 13:10

Last time I took DS1 to the GPs I had some problems. There is no form equivalent to a sick note for DC not able to attend school for medical reasons and the GP is not really qualified to comment. Some health authorities have written to all GPs saying they are not allowed to provide certification and have to charge private fees for any letter written. Since then we have moved house and so GP surgery. DS1, as a boarder is not even registered in the home practice and they have never even met him. I don't think (and I would hope not) that any GP would feel comfortable providing certification - particularly if this were taken as official evidence that protects parents from prosecution.

I'm eating dark chocolate as I type but it doesn't seem to be working. I have some chocolate cake with hot sauce left over so I will try that next.

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KOKOagainandagain · 19/03/2015 13:19

Ineed - atm the LA don't know that DS1 has been out of school since half-term. When they find out about absence and if they bother to read the AR minutes and hence find out about lack of progress and removal of statement SALT and OT provision and they will be jumping for joy and singing 'Bring Him Home' whilst waving carrots in the air. He is OOC so even if they were tame, the LA EP would be inaccessible.

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Ineedmorepatience · 19/03/2015 13:37

Hmm I did think that would be the case!

Our LAEP is toeing the party line in terms of not agreein that Dd3 needs a statement /EHCP but she says she did see the anxiety and will be reporting it in her consultation record!

It does sound like the placement isnt working but it is so hard to find places isnt it!! Feel for you Sad

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StarlightMcKenzee · 19/03/2015 14:24

keepon write to the HT and tell him that unauthorised absence is okay with you and you are also recording it as such. That will confuse him.
You can say that you do not consent to any situation of a school failing to have made adequate enough provision for your child to be able to access it.
You can say that when they have rectified the problem, brought in the required expertise and sent home tutors in the interim, you would like to meet with him to discuss how to ensure your Ds does not fall behind as a consequence of their failures.

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Icimoi · 19/03/2015 14:40

I don't think the head is entitled to ordain that they won't accept a GP's letter. By law, it is lawful to keep your child off school if he is not well enough to attend, and if they tried to prosecute then a GP's letter would be accepted by the court as evidence that the child was too ill to be in school.

However, if you are saying that your GP can't do the letter, then you really are going to have to find a medical professional who can. What about the paediatricians you have been dealing with?

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KOKOagainandagain · 19/03/2015 15:07

ici - I can take him to the family GP but he is not registered at that practice but at the practice near his school. I don't know how they would react.

Paeds did the usual diagnose and discharge several years ago. He is not seen by cahms.

The thing is that it is not the EWO or LA who is asking for official confirmation it is the school. I had considered requesting the details of the EWO/LA bod to contact so that I could discuss the issue directly with them as I cannot understand why they no longer consider DS1's anxiety to be medical when they clearly did so previously and given the fact that ASD is a life-long disability.

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Runningtokeepstill · 19/03/2015 17:20

I seem to remember there is some case law about a LA that had to apologise to a family they'd tried to prosecute for non-attendance at school when their son was experiencing school "refusal" (hate the term- but there isn't a widely accepted alternative yet that I know of). Unless there's been some new case law I would have thought this would put off LA's going down the same route.

Presumably the best defence is to keep the paper trail going and put everything in writing to the HT so he cannot deny having all the information. As you are a special needs veteran fighter, I am sure you'll be already doing this.

I've had similar issues with my youngest ds who also got discharged from all local health specialists as they felt they could not do anything for him. In fact I felt the Paed kept him on his books longer than clinically necessary in order to keep the school/ LA education dept satisfied. The LA wanted a consultant report to accept that ds needed to be out of school and was therefore entitled to educational support at home.

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KOKOagainandagain · 19/03/2015 17:59

I've collected the forms to register DS1 as a temporary resident with the GP and will book an appointment to cover my arse.

Kind of says a lot about the new head and the school though ... Despite the distinct whiff of burning bridges on the air, I felt compelled to point out to the SENCO how unhelpful I had found the earlier comments of the head - I think I may have said something about it being the attitude I would expect from a m/s head just before they set the EWO on you Blush Oh well, trying times.

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Ineedmorepatience · 19/03/2015 18:28

What a shame that a new HT can spoil what was probably a promising setting keep I know someone else who is going through this too Sad

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