Home tutor while off school MH issues

[christmaspigeon]

My daughter is likely to be off school for a while with mental health issues. She's in year 9 and we're keen for her not to miss too much education. I know the school have all the work online already because of Covid and she can access this now, but she really needs the support of a tutor, even if just a few hours a week. Can we insist on this? I doubt the school would willingly say yes but wanted to check with the experts on here before I ask! Thank you!

[10brokengreenbottles]

The LA have a statutory duty to provide education to those too unwell to attend school, including because of MH problems. Here is the policy document.

Depending on needs it isn't always a home tutor. It could be online provision, hospital school, small group tuition or home tutoring. If you google "medical needs tuition [LA name]" you may be able to find what your LA offer.

You should also consider applying for an EHCNA.

[hiredandsqueak]

Our LA do try to evade their statutory duty and their first response is that it is the school's responsibility. This if false Section 19 of the Education Act 1996 states that "Each local education authority shall make arrangements for the provision of suitable education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them."
I wrote to the LA quoting above and also signposting them to the LGO report Out of School, Out of Mind and asking them to make provision for my child who was unable to attend school because of MH needs.
To cut a long story short they tried to fob me off so I complained and contacted the LGO. LGO ordered them to commission (because they said didn't have any available) and send in a tutor. This they did within five days of LGO contacting them. I pursued the complaint regardless for all the time they were refusing and giving me the run about and eventually they were found at fault and I got almost £2k in compensation.

[christmaspigeon]

That's really helpful, thank you @10brokengreenbottles and @hiredandsqueak (and sorry it's taken a while to reply, it's been a tough week )

[hiredandsqueak]

So sorry you have had a bad week, dd seems to be through the worst now although it was a long time coming. She was out of school for two years but is happy and settled at an independent specialist school now.
I echo what @10brokengreenbottles you really should ask for an EHC needs assessment. Template letter here

[10brokengreenbottles]

As well as complaining to the LGO it is possible to go down the Judicial Review avenue to force the LA to provide provision if they are so to do so or refuse.