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Complicated - statement and school placement

(5 Posts)
Orangeslug Fri 03-May-13 18:15:45

If a new sm is issued with another placement named but there is no place available at that time does that mean the child has no interim placement?

The scenario is that ds was permanently excluded after the school said they couldn't meet needs but whilst a new placement was already being sought. The LA offered a place at a PRU which was their standard placement for permanently excluded children but this was declined as it had already been proven not to meet his needs. There was no other provision available or offered.
Ds was then removed from the school roll before the sm was issued and the exclusion withdrawn.
He was removed from roll because the school was not named on the new sm and it was not deemed appropriate for him to go back. Instead he was placed on the register of children missing an education because, as we had refused the PRU, we had apparently 'chosen' for him to be uneducated.
I feel that even though the exclusion was withdrawn he was still effectively excluded as he had no school place. Any thoughts on this?

MareeyaDolores Fri 03-May-13 21:18:27

If the school is named, that's where he should be. If part 4 is empty, or named but full, either they get extra staff and 'make' a place, or else another school ought to be named in part 4.

I'm sure this is an illegal exclusion. Unless the PRU pretended they could meet the needs, in which case everyone would pretend to believe them, and then (technically speaking grin) you'd have been electively home edding because of your ungrateful and irrational dislike hmm of their perfectly-suitable and high-quality interim provision.

MareeyaDolores Fri 03-May-13 21:19:13

Seen this?

Orangeslug Fri 03-May-13 22:34:15

Thanks Mareeya. I might give them a call.
The problem is that it appears not a lot can be done about unlawful exclusions even though everyone knows that they go on sad.
I was considering a DDA claim but not sure it's worth all the effort now.

nennypops Sat 04-May-13 09:08:38

You could bring judicial review proceedings in ds's name with legal aid. If both the school and the PRU are acknowledged to be unable to meet his needs, then the LA must put in place home tuition at the very least.

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