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What kind of lawyer can advice on treatment of special needs kids?

(8 Posts)
AGenie Mon 31-Oct-16 07:17:20

Hi,

I'm having a struggle because ds's headmistress has figured out that she needs to slightly reduce his school hours from full time in order to stop him from getting ill from exhaustion. (by about 6 afternoons each half term)

However, she can do it without a letter from a GP saying that it it in his interests, and the GP won't write the letter unless there is a concrete diagnosis of a problem that explains why ds is getting so tired.

I would like them to write the letter first and then look into the diagnosis, rather than inflict a winter of exhaustion and illness on ds while they mull it over. On a full time year he was ill so much that he missed about 30% of days but on a term when he had afternoons off he had 100% attendance.

I'm not getting any movement on anyone from this and am considering consulting a lawyer to see if they really have a right to do this to ds or if they could get in trouble for deliberately driving him too hard until he becomes ill.

I wondered if anyone would know what sort of lawyer I should talk to? I'm really looking for one that knows about the school system and the medical system.

Thanks!

SerendipityPhenomenon Thu 10-Nov-16 23:09:29

There are a number of lawyers who specialise in education law but I doubt that any also specialise in medical/health needs law. Your best bet would probably be a firm like Simpson Millar which has an education law department and also people specialising in things like clinical negligence and mental health needs.

Underchipsandpeas Thu 10-Nov-16 23:14:28

IPSEA?

Leatherboundanddown Thu 10-Nov-16 23:25:47

Is this a state school? It is perfectly legal to 'flexischool' and if the head is on board I don't see why they would need any letters from anyone else to just start doing it as it is up to them to make the decision.

Underchipsandpeas Thu 10-Nov-16 23:31:41

Ah sadly flexi is way more complicated. The head will argue that even in the time when the child is at home, they're still responsible for him.

Leatherboundanddown Thu 10-Nov-16 23:34:20

Oh really? I have two friends that do flexi one with a boy in year 2 and one a girl in year 1. They got the heads to agree to this really easily and in both cases it was the parent pushing for it, maybe they were both lucky.

SerendipityPhenomenon Thu 10-Nov-16 23:54:59

But this isn't a flexi-schooling arrangement, is it? If OP is planning to use the time off school simply to allow her child to rest, she isn't home educating him.

Leatherboundanddown Fri 11-Nov-16 16:39:23

I completely see what you mean now.

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