Raising a formal complaint at school

@Ricecakesaremyjam it is the LA who is ultimately responsible for providing AP. They often try to pass the buck, but that doesn’t change the fact they are ultimately responsible if DS is a CSA and can’t attend school full-time.

That doesn’t excuse the school unlawfully, informally excluding DS, which you can challenge if you want.

What does his EHCP actually state? Especially with regards to the 1:1.
I’ve worked in an infant school with children on restrictive timetables because mainstream just isn’t right for them and whilst I can only comment on my school, honestly, we have to fight tooth and nail for any support from outside agencies etc. We all knew the child needed a different setting but we had to jump through hoop after hoop and often felt like we were banging our heads against a brick wall.
This particular child was also in reception and didn’t receive a suitable setting until the very end of year 1. It’s awful

@Copperlightning if it is inappropriate for provision to be made in a school their is EOTAS/EOTIS (with or without the C on the end).

@CopperWhite if the school needs to send a child home because of their behaviour, they should formally suspend. Not unlawfully, informally suspend.

A parent is entitled to send their child to school full-time unless formally suspended.

Around here there is a dearth of schools that can educate high achieving autistic children who cannot cope with the chaos of the mainstream environment. It seems it’s mainstream or a special school where the aim is that they pass a gcse or two. Many of this children are capable of 4A* at A-level. Where is the provision for them?

The only situations where I have seen a child on part time hours is where the school genuinely feel that it wouldn’t be safe for them to be in longer, or it would actually be to the detriment of the child.

Re the funding, in many cases promised funding doesn’t materialise, is actually not enough to meet the costs of what is needed or the services that the school want to get in aren’t available even if the school
can pay for them.

It’s absolutely obvious that your son needs a different school named on his ECHP- far better to join forces with the school against the local authority and get him into the right school as quickly as possible and maintain a good relationship with the school in the meantime than waste your time complaining to the governors.

When you first chose this school with your child, did the school state they could meet his needs as identified in his ehcp, or did they state they could not but LA forced to take? This would be crucial for me in advising you what to do as a school governor. If the school said could meet need then there needs to be a discussion with the head on what has changed, why they now can't meet need.
If they said they couldn't fully meet need but forced to take, then your issue is with the LA. I know our school has on many occasions told an LA that it can't meet a child's needs but the LA names it anyway as the parents choice, and then the parent acts suprised and is upset when it turns out that the school was telling the truth and actually cannot meet their child's needs.

How many specialist provisions have you visited? Have you visited ARP's, but I know other areas have different names

All I see here is a parent fighting for their child, don’t stop!

You will be better off complaining to the LA - they have the duty to secure a FT education as well as all provision in section F of the EHCP. You can threaten judicial review for lack of implementation of the EHCP. Alongside that, get an annual review so you have a right of appeal and challenge section I (placement) at tribunal. Hearings are being listed for a years time, but if your child is out of FT education they will try to bring this date forward. Contact your local sendiass

If he needs a ‘smaller, more inclusive setting’, then how can his current school provide this? It’s not up to the current school to find him an alternative placement, that’s up to the LA. It is perfectly legal for a setting to state that they are unable to meet the needs of a child.
Have you been offered a different placement by the LA?

Part-time timetables should not be used to manage behaviour.

No they shouldn’t and in an ideal world no child would ever need to be sent home because they are so dysregulated that they are unsafe, but that isn’t the world we live in.

School isn’t there to provide respite for parents. That’s a local authority responsibility. It is not the responsibility of an under resourced class teacher and 29 other children.

@CopperWhite it depends on the reason. There is also a difference between a school informing a parent their child isn’t coping and unlawfully informally suspending. Nothing excuses a school acting unlawfully.

Sometimes schools unlawfully exclude because it is easier for the school, not because not attending full-time is in the child’s best interest.

Part-time timetables should not be used to manage behaviour. The statutory suspension and permanent exclusion guidance is explicitly clear on that. If the school wants to suspend, they must do so formally, not unlawfully informally exclude.

Sometimes a parent needs to work.

Sometimes the parent needs the child to be in school (or AP) for more than a couple of hours otherwise they can’t meet their needs at home. For example, if they don’t sleep at night and their parent needs more than 2hrs sleep a day.

If you want DS to attend full-time, he can unless the school formally suspend. You don’t need the HT or SENCO to agree. You inform them DS will be attending and you will not be collecting early unless they formally suspend.

What sort of parent would do this though, knowing that it was detrimental to their child’s mental heath to send them to a place that wasn’t suitable for them five days a week?

What sort of school would keep a child there, in opposition to their best interests, without telling parents that their child wasn’t coping?

Children that aren’t coping in school can be destructive, they can hurt themselves, other children and staff. I have no idea if OP’s child would be in that category, but when children are, the school has to consider the rest of the children and staff who they have a duty of care towards.

isnt a high coin unit the new title for autistic unit - why dont you think that would suit?

If you want DS to attend full-time, he can unless the school formally suspend. You don’t need the HT or SENCO to agree. You inform them DS will be attending and you will not be collecting early unless they formally suspend.

If you don’t want DS to attend full time but do want AP put in place, this is ultimately the responsibility of the LA. (Assuming DS is CSA, which from your previous threads I think he is now.) That applies regardless of the LA trying to pass the responsibility on to the school. If the LA has refused and threatening JR hasn’t worked, you need a pre-action letter. SOSSEN can help with this but there is a wait so you may want to look elsewhere.

this is despite school receiving funding for a 1:1 for him in addition to EHCP funding

What do you mean here? The EHCP funding is what they spend ON a 1:1. Often the funding is woefully inadequate and comes nowhere near providing 1:1 for 32 hours a week which is where things get very difficult if the child is unsafe to be at school when unsupported. How much funding is being provided to the school as part of his EHCP?

Where does it say that?

A 1:1 what? Specialist teacher?classroom? If it’s just an additional adult this does not mean they can meet his needs. It’s is the LA who have a responsibility here. You need to speak to them.

Id be really surprised if the school aren’t doing all they can in a difficult situation. You need to work with them not against them. Schools are not babysitters.

This is exactly what happens. Am in same situation, child part time for months, now unable to attend at all. School and County just argue over who should pay. I am following all appropriate complaints procedures, ultimately will end up with LGO. But the systems are a mess and in meantime my child has missed a year of education. He currently gets 1 hour per week and after a battle will now get 4 hrs per week until summer.

I would complain to county as well as school as they are legally responsible for section f. Maybe section 19 request.

Not true this is possible. There are schools recommended for my child that do exactly this. Unfortunately they are not suitable for my child, but there are schools out there that do this.

Schools schools also have bases attached to mainstream so they can meet this kind of need as well. I think some areas call them PINS or SHIPS now.

There are definitely specialist provision that can meet mainstream academics but small class sizes, extra supoort, sensory needs accounted and supported. It depends where OP lives

Can you have a look online OP at your 'local offer' there should be a list of all schools in county and the types of provision they provide, plus independent ones that may be funded. You are likely going to have to go to tribunal to get a place.

If mainstream are saying they cant meet need this will help.

There isn't that much AP available for 5 year olds. Have you researched and identified something that you want as an AP package? If not, it might just be that there isn't anything.

Have you identified the school you want as your parental preference? If not, you should as this makes it easier. Ask for an Early Review, state your parental preference as change of placement to xyz. You need to get yourself into the position that you can go to tribunal over Section I. One of the charities will be able to advise you about how to get to that point.

Sorry had to look up high coin school as in my area they are called Autism support Centres.
Have any High coin schools been consulted? Have you visited any?
How long have you had the EHCP? Have you requested an emergency review?

I haven't got all the details but I think you should get advice from sossen, ipsea and sendias. I think you might need to take it up with the LA rather than the school.

They should be using the alternative provision if it's needed and in the plan but schools and LAs get in to stand offs over who is paying.

In terms of complaints. First, follow the process. Staff and governors won't hate you - they might disagree with your view but thats not the same thing. It's worth remembering that the panels are more looking at whether procedures were followed than moral rights and wrongs. I probably haven't explained that well, but some people are disappointed with complaints panels as they want them to do something they aren't designed to do.