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

So why didn’t you say ‘I’m taking her home now as she is not well enough to be in school.’ Then you would have made the decision and, if they chose to code it as an authorised, you could discuss this with them . I’m not sure why you don’t want an unauthorised code so much.

It is relevant to you post as I’m unsure what you want to write in you governor statement. Are you writing the suspension is not legal? It is and school had no option but to issue it.

Just to be clear, I was told that DD2 absolutely didn't meet the criteria for an EHCP by the SENCO. She was so sure that she refused a direct request by an Assistant Head to help me apply for one. She was adamant that DD2 didn't qualify.

So what was school’s choice? As her parent you took her to school so thought she was fit and well to attend. Your daughter refused to go to school and you wouldn’t take her home as school, correctly, said it would be unauthorised. She refused to follow instruction to go to class. What else could they do except a half day suspension? They won’t have enough staff to sit with her all day while she refused to go to class and you refused to take her home. Not sure what else you expected them to do.

It isn’t strange for parents to make representations to the governors following a suspension.

What you have posted would not meet the lawful threshold for permanent exclusion. The school cannot unlawfully off roll DD either. The school can’t just say they can’t meet DD’s needs and remove from the roll. It doesn’t work like that.

Ignore the SENCO and attendance officer. You may have to appeal, but an EHCP, and SS if required, are possible.

Who says she won't get a special school place?

DD2 -ASD, anxiety, intelligent but found it hard to learn in a mainstream school. School refusal started in year 9. Completely fell apart in year 10. Reduced timetable and concessions in January of year 10, then completely out of school by March of year 10. SEN department refused to apply for an EHCNA, so I did, using, in part, attendance data and notes made on CPOMs that I obtained via a Subject Access Request. In September of year 11, she had an EHCP naming a specialist independent school (3:1 ratio) and deceleration to year 10. Then when that failed, she had an EOTAS package for a year. Now, in year 12, she is going to another specialist setting that gives bespoke curriculums with 1:1 support throughout the day.

DD3 - anxiety, OCD, and most likely ASD. Super high achiever (still get 'Oxbridge potential' emails despite being out of school since last year). School refusal started in year 9, support put in place but difficulties arose. Deteriorated in year 10, completely out of school by November of year 10. EHCNA supported by school, but they were slow, so I did it. Specialist setting that gives bespoke curriculums with 1:1 support throughout the day lined up for September.

Your DD needs more support
It is shameful that they didn't authorise absence and send her home. My DDs never once got an unauthorised absence.

The phrase expel isn't really used any more,

They say either temporary or permanent exclusion.

So with students who have needs similar to your daughter's, it is common for schools to ask parents to take the child home if the child is distressed.

Legally this is not permitted - it's an illegal exclusion because a student should be in school unless illness/school trip etc and if they have asked you to take the child home the only legal reason is because they have been suspended/temporarily excluded.

If the child has been suspended/temporarily excluded there is usually paperwork and at least in secondary it is usual for there to be a meeting with parents, child and pastoral team (re-integration meeting) to discuss the situation.

Dfe advice for parents here:

www.gov.uk/government/publications/school-exclusions-guide-for-parents/a-guide-for-parents-on-school-behaviour-and-exclusion#what-happens-if-your-child-is-suspended-or-permanently-excluded

Obviously this is problematic and you are now stuck between two bad places because if you take her home they record it as unauthorised absence and if you don't they'll suspend her and you take her home and she has a suspension on her record.

In terms of the EHCP, the more suspensions on her record the more obvious it is the school are not meeting need and therefore she needs additional support,

Schools can permanently exclude (expel) a student, and it is possible to do this for repeated behaviour that triggers suspensions. Most schools try hard not to do this with SEND students (unless it really is incredibly obvious that needs are not being met and the student is putting themselves and others in danger).

If the school does this, there is a lot of paperwork and you do have a right to appeal. The local authority then takes on responsibility for her education (after I think 5 or 15 days) and needs to find her another school.

Many counties have agreements not to permanently exclude (expel) and will instead do what is called a managed move where they essentially swop a student with another school. So your child would have a different school they could try.

It's good you and dd are able to identify issues of what went wrong during school day.
She's terrified of tests - is there anything dd think will help with this?
I'd she able to go to learning support centre at any time? So if there is a sub teacher and she is very unsettled is she then allows to leave and go to learning support?

Have you looked at other schools to see if they would offer a better fit? Even private schools?

It's good you and dd are able to identify issues of what went wrong during school day.
She's terrified of tests - is there anything dd think will help with this?
I'd she able to go to learning support centre at any time? So if there is a sub teacher and she is very unsettled is she then allows to leave and go to learning support?

Have you looked at other schools to see if they would offer a better fit? Even private schools?

I really hope what ever happens you can resolve this. If you really want to keep her there maybe you can have something stipulated in the ehcp that her attendance won't go down as unauthorised when she's distressed/anxious.

It's abundantly clear your not one of these parents that would rather keep her home or can't be bothered. The ehcp should help you hugely.

The senco is wrong OP, I think it's disgusting. I know I'm annoying but both my friends kids have ehcps and one of the girls is exactly like your DD and is in a specialist school. She had to fight for a year and kept her off the mainstream school because she couldn't handle going In she was exactly the same as your DD. Please contact IAS for help and stop listening to this teacher.

Specialist schools will not send her home like this or record attendance in this way if she did need to go home. They are deliberately lowering your expectations to stop you getting what your daughter requires because it's in short supply. That's not your DDs fault she has rights.

She can't say we're a mainstream school there's only so much we can do and then in the next breathe say we can meet her needs here. They clearly can't if she's now being excluded.

We quoted the Equality Act 2010
Also For a child to be lawfully excluded or suspended for a behaviour resulting from her disability, it must be evidenced that her needs are met. Reasonable adjustments or best endeavours etc are not the correct test with a disabled child- their needs must be met or the exclusion would be unlawful.

Why though? Did they explain the suspension was so her attendance wouldn't be affected?

In your statement make sure you include that you didn't want to take her home and when you said that they suspended her instead, that will go in your favour at any attendance hearings. Also include that you asked to take her home calm her down and come back and that was declined aswell.