School attendance - is this allowed?

Then she can go on the trip can’t she

From the position of Hindsight, I would get her an EHCP. You can go to the LEA directly (and use this example of discriminatory exclusion as evidence that the school is intentionally obstructing you) and request one. There are specialist lawyers who can represent you, even if it’s just to send the initial letter and rattle the school, the Board of Governors and the LEA.

My children have ASD (and one ADHD) diagnoses. Also had good behaviour etc. our school was deeply supportive, allowing us to bring either of them in late to by pass morning registration as it could sometimes be stressful (attendance was recorded at reception); and unlimited access to the Pastoral Hub on days when they might feel overwhelmed. Ie they did everything they could to encourage full and regular attendance. Your school is failing your child in their statutory obligations. I’m pissed off for her and for you.

As well as PPs' advice, keep your own records of her attendance. I would also complete an absence form for every half day she is not actually in school and check (maybe on an app, maybe by periodically requesting the data from them) that they are recording her absences as such. You can also send in summary emails to their absence team/person which you can later use as evidence.

It's often the way that you are fighting the same battle on a micro and macro level.

Apply for the EHCP yourself. You’ll regret not doing so long term. Look at IPSEA for advice and template letters. It’s nothing to do with school if you apply. They have no right to tell you she doesn’t need one and the decision is not theirs to make.

Not RTFT... missing the point completely... do you think given the academic year is almost over the problems will improve next year as I assume will have a new HOY?

I've skim read your posts so I'd like to reiterate as others have said, this is discrimination and I've found simply using the phrase "disability discrimination" has suddenly cut through all the BS and the school back down V quickly! I also echo loudly how important it is to have EVERYTHING in writing, every conversation follow up with an email "as per our conversation date/time I'm writing to confirm we discussed/agreed as follows" Also if you are trying something new make sure the timeline is in writing "as agreed we will try xyz and reevaluate on the date to see if this has been successful" if you are waiting on a response "I look forward to hearing from you by date/time" and chase it up if you don't get a response by your deadline. Once they realise you are on the ball and willing to fight for you DD to have full access to the education she is entitled to you are less likely to have to fight as hard.

Definitely parent request an EHCP

And it goes without saying that you catch more flies with honey so absolutely express if you are angry but remain polite and don't raise your voice as you will automatically lose the higher ground, come on here and rant or type and send yourself the email full of expletives you'd love to send!

Finally be kind to yourself, you are not expected to know all her rights and what's the school chancing their arm etc so keep educating yourself, join the groups that do know this info on Facebook etc and keep fighting like you are doing. Parenting is bloody hard SEN or not but you are clearly doing a great job and are doing all you can to help your DD and her siblings. Good luck x

Apply for an ehcp yourself check your LA local offer and you should find out how to by there if they say no to asses ask for mediation do not let them do this to her, they are not meeting her needs. If they are so adamant they are meeting her needs then an EHCP shouldn't bother them it will only make sure they have to carry on meeting her needs.

You also might want to join the Long Covid Kids Facebook group, OP. Debilitating fatigue and compromised immunity are really common symptoms of LC, and there are plenty of kids in the group who are ND. Good luck xx

DD is "fine" according to HoY. Ph purlease. Start pushing OP. And play the game, as others have suggested everything in writing to form a paper trail.

So basically they've discriminated acted against her with her the trip and they want to informally (unlawfully!) exclude her?! wtf!

Have you actually said "this is disability discrimination"? My DS's school tried to prevent him going on a trip because he is autistic and has ADHD. I mentioned the D word and they very quickly backtracked and accommodated him. They can't just exclude her because of her disability.

OP should request an EHCNA, but even without an EHCP the school must make reasonable adjustments under the Equality Act and must make their best endeavours to meet DC’s SEN under the CAFA. They must not discriminate against DD.

https://www.iask.org.uk/parents-and-carers/inclusion-and-equality/

Get an EHCP.
Without one they can pretend to cater for her under 'Ordinary Provision' and are not legally required to give her the right support.
With an EHCP they are forced to pay for her 1:1 and any additional support required.

They are doing this to avoid spending money.

@UndertheCedartree
You may find this helpful OP:

councilfordisabledchildren.org.uk/sites/default/files/uploads/attachments/Equality%20Act%20Guide%20for%20schools%20-%20FINAL%20EM%20EDIT.pdf

I’d be forwarding this email to the head teacher and stating that this is manipulation of attendance figures and denying your DD an education that she is legally entitled to.
The school trip is absolutely disability discrimination and by not allowing her to attend they’ve broken the law!

You can be proactive and contact the local authority inclusion staff yourself. I would in these circumstances. Especially I'd mention the trip and the fact that you need one named contact at school, whoever in the SEN team you find helpful, not HoY. They will probably go for that, it is an easily achievable idea to put on a plan.