To want to write to the governors about my DD's suspension?

OP, focus on the suspension being unlawful and discriminatory.

If DD can’t attend school full time because of her SEN/MH, have you requested alternative provision?

The whole sense behind EHCP is obtaining additional funding

No, the whole point of (the educational sections) an EHCP is that the child’s needs, the SEP they reasonably require and outcomes are set out. Additional funding in order to meet those needs, provide the SEP and thus meet the outcomes is a byproduct of that, but it is not the whole sense of an EHCP. Which is why parents should focus on the SEP in F rather than the funding.

That may be through the use of specialist equipment ( does she need it? I doubt it) or 1:1 learning mentor for lister by me reasons.

There are many other things that are SEP. Not all will have 1:1 and not all will have equipment in F. Although how on earth you can judge OP’s DD doesn’t need equipment, I don’t know. Many with ASD do need sensory equipment &/or tech/assistive tech/specialist software.

If it is a need for counselling the schools refer to CAMHS

If counselling is required for a pupil with an EHCP, a normal referral to CAMHS isn’t required. It should be detailed, specified and quantified in F. It may or may not be provided by the NHS. If it is provided via the NHS, it may not be in a specialist hospital. It is rare for schools to provide long term MH therapies to the level required by many DC with the needs OP describes. Parents often have to appeal, but that doesn’t change any of the above.

If an ongoing monitoring is needed they council will look for specialist school if it is possible in the areas. They do anything to avoid another EHCP.

An EHCP is required for specialist schools. Not all DC who require ongoing monitoring are in or need SS. Just because LAs try to avoid issuing EHCPs doesn’t mean it is lawful or the parents should accept it without challenge.

@UndertheCedartree

I would not include local MP at this stage. They will find your letter hostile if you do it right away and you want them on your aide. If they are not going to cooperate then you could include your local MP in the second round of communication

Our SENCO/pastoral care don’t refer to anyone. They deal with us directly and make a decision based on the best interests of my child
And that is what SEN Co and pastoral care is for. Well done on finding the excellent school for your child that meets his needs @NewASDMum
This is what should also have happen in case of OP child and not just suspend and " problem's sorted".

@BrumToTheRescue
There are various reasons DC reasonably require 1:1. They do not have to be behind, a danger, have a HI or be VI. There are other reasons. Not all DC with EHCPs reasonably require 1:1.

The whole sense behind EHCP is obtaining additional funding. That may be through the use of specialist equipment ( does she need it? I doubt it) or 1:1 learning mentor for lister by me reasons.
If it is a need for counselling the schools refer to CAMHS who organise counselling for ASD in the specialist hospital or school will offer support quicker than get out of the pocket £6k for EHCP before the council will reluctantly give anything.
If an ongoing monitoring is needed they council will look for specialist school if it is possible in the areas. They do anything to avoid another EHCP.

Bloody hell OP. I just cannot understand what the school is playing at. I’d also include your local MP in the next email!

I hope your DD is ok

Our SENCO/pastoral care don’t refer to anyone. They deal with us directly and make a decision based on the best interests of my child. That has worked so well. They even persuaded a deputy head to change his decision to suspend my child over one violent reaction to an incident beyond their control. You need to take control and not just accept what the school is doing/telling you. At one point we just didn’t send our child in for over a week due to mental health reasons. All the absences were authorised and support was put in place that worked.

Contact The Exclusion Project. They can help you. The school is acting unlawfully.

Despite what some think, the school must make reasonable adjustments to their behaviour policy, too.

Either your daugher would need to be 2-3 years behind at Maths and English or she would pose a danger to herself or her peers and then she would get assistant to follow her during breaks. Another case would be if a child has problems with sight, hearing and therefore needs an intrerpreter.

There are various reasons DC reasonably require 1:1. They do not have to be behind, a danger, have a HI or be VI. There are other reasons. Not all DC with EHCPs reasonably require 1:1.

@UndertheCedartree I told you that the school should not have reacted by giving the suspension over such thing but the pastoral care should be talking and trying to find out why she feels like that etc. and it should take place on case of any kid SEN or not. They were showing zero interest in her mental health balance and even not investigated.

I have a SEN kid ( non EHCP as he doesn't qualify) and trust me there is no excuse for insubordination just because he is on SEN register. And my child is non violent and subordinate. It is enough if he just says stupid joke to his female peer and he got to stay for 30 min as a punishment.

As I mentioned there is another child in our school that swore at headmaster and kick him and despite of EHCP he was suspended. Another EHCP was grabbing crotches of his peer as a form of controling them by fear and got punished too.

Teachers say many things what would be ideal but EHCP is not given basic on the diagnosis but basing on the needs for 1:1 assistant and other adjustments. Either your daugher would need to be 2-3 years behind at Maths and English or she would pose a danger to herself or her peers and then she would get assistant to follow her during breaks. Another case would be if a child has problems with sight, hearing and therefore needs an intrerpreter. People take councils to tribunals because it is so hard to get EHCP. I know a girl with Autism, self harm and at least 3 years behind with Maths who was declined EHCP, eent through mediation and now is awaiting tribunal.

Oh no, what happened?

Mainstream schools must still make reasonable adjustments as per the Equality Act. That applies whether the child has an EHCP or not. That includes reasonable adjustments to the behaviour policy. That does not mean a pupil with SEN, with or without a EHCP, cannot be suspended at all but that reasonable adjustments must be made. Sometimes schools do unlawfully suspend pupils with a disability.

" making an eye contact" is hardly a reason to suspend anybody let alone a child with ASD. But if a child would kick headmaster or spat and swore at him, I assure you the child would get suspended.

We are not talking about a child with EHCP. If a child has behavioral issue to the extent that it needs an assistant then certain behaviours are the reason why it has EHCP and it is written in her/his plan.

We are talking about ASD without a plan. If it doesn't qualify for EHCP because the behaviour they will expect the child to obey the rules as any other child.

Having said that, there is a child with EHCP and an assistant at our school who kicked the headmaster and swore at him and still was suspended.

@Smoothie23 unfortunately some schools act as you say, with no adjustments made for neurodiverse students. However, the law is clear that reasonable adjustments should be made and has already been explained by PPs. An example is a school local to me, where behaviour expectations include "making eye contact with the teacher". Now they say that failure to meet the code of conduct could result in disciplinary action. But as I pointed out to them, after they put a student in detention for this, many students with autism actually find it painful to do this and it is a well known "symptom". So actually what they are doing is punishing the student for being autistic. They wouldn't punish a deaf student for "not listening"...

Intentional poor behaviour is also very different to an inability to regulate behaviour due to factors outside their control.