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First Tier Tribunal - SEN Exclusion appeal

(3 Posts)
Hawthorn1000 Sun 14-May-17 19:10:39

Hi

Posted previously about permanent exclusion of child with SEN.

Happily now at new school tomorrow (!) but not happy at Governors Appeal and Independent Review Panel neither of which I thought were conducted properly.

Want to go to First Tier Tribunal to remove the PE and also to challenge the lack of humanity shown.

Has anyone been down the FTT route to challenge an SEN exclusion and could they share some information about the process and best approach?

Any help appreciated

H

Ceto Sun 11-Jun-17 10:02:06

You may be able to take a disability discrimination claim, but check the time limits. There's some information on IPSEA's website - www.ipsea.org.uk/what-you-need-to-know/disability-discrimination

Hawthorn1000 Sun 11-Jun-17 12:53:19

Ceto

Thanks for that - yes aware of the timescales and have had a chat with one of the advisers at IPSEA recently - they were very good.

My interest was in how real life people had got on at a FTT and what hints they could give but the stuff you read online (including the DfE own report in 2014 into use of IRP and FTT appeals) suggests that there are very few of them. Clearly this is down to the changes in legislation which meant that these appeal routes had very little power to do very much.

This is all very worrying in my view because nobody is bothering to challenge the decisions being made by head teachers and governors even though these decisions may be patently unfair or unlawful.

One thing that the discussion with IPSEA enlightened me about was the issue my lad may have with a disability discrimination claim. I had never quite realised why the school used the term 'assault' as a reason for his exclusion when previously his tantrums at school (he has behavioural issues linked to his attachment problems) which sometimes resulted in him lashing out when he became angry were never given this description. Describing his actions as assault and violence to others means that this is not protected under the Equality Act 2010 which means that the school did not have to take the Act into account. A really odd Catch 22 situation in that when you adopt a child it is not unusual for that child to have attachment issues to a greater or lesser degree which the professionals in the system know. Yet if these behaviours include tantrums and anger which will involve other pupils and people at school then the system removes the protection for that child!

Now a toss up to continue with FTT using some of the issues around process and support or go to a Judicial Review.

Anyone without any experience would be pleased to hear thoughts?

Hawthorn

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