Raising a formal complaint at school

Exactly what is the ehcp wording?
"Close adult supervision at all times" does not mean the school will receive funding for a full time 1:1. To get that it would need to say something like "name 1 to 1 adult support with [x] training for 30 hours every week.

I have known parents be successful wrt disability discrimination and unlawful exclusion cases against schools, but it's a very draining process. I would really put my energy into pushing the LA into action, as they don't get to just sit back and say "well the school has the funding, so not our problem"

But from your current posts, I would say you're on to a hiding to nothing with this headteacher, cut your losses and push the LA for an early review of the EHCP

It’s far from ok, but if it’s the wrong environment it’s the wrong environment and no amount of 1-1 will be able to make the school right for your child.

From some of the other threads op it sounds like you want the impossible - mainstream academic outcomes, but your sons ND needs met. The challenge with this is that often, trying to achieve those academic outcomes, consistently, comes at top great a cost in terms of mental health, emotional regulation, life skills and social skills. Special schools have to focus on these because they are essential. Children who attend special schools often just can't manage academic education on top of the life/emotional/social learning they need

I have worked with a lot of governing bodies and have never seen a complaints panel go in favour of the parents. It will just create a lot of stress for you. You are better off finding another school now.

Not true, they will just be suggesting wherever they think they can palm him off to that he might get a place just to get rid. Schools and County Councils routinely recommend entirely inappropriate placements.

I have seen it myself for my child, friends and professionally working in mainstream and complex needs.

The duty rests with the LA, I would speak to SOSSEN about it and a pre-action protocol letter with a view to Judicial Review. But your paperwork needs to be dot on, so get advice first. You would have to pay for the Pre-action letter, SOS!SEN do them cheaper than a high street solicitor, but there is a wait.

Drop him at school at 8.45
Do not collect him until 3.15

Repeat

You will find they sort out provision quickly enough

if they are saying pmld there must be something else going on with him other than autism

I have seen her other posts and would be inclined to disagree that a PMLD school is suitable. The current school may think that's appropriate but the actual PMLD school would likely disagree. Her child by the sounds of what she has disclosed is autistic but doesn’t have a significant learning disability and there's no mention of physical disability which most PMLD schools cater for. She has every right to refuse a school that's not suitable sen or mainstream however currently it seems that the current school and LA are failing to carry out their legal duties including providing a full time education.

Have you visited through swtting the school are suggesting and had them look at his EHCP? If you do that and they agree that they are not suitable for his needs that will help you out.

I visited several schools that were not suitable to discuss with staff and then they could feed back to county that they couldn't meet needs.

the law supports parental preference for a mainstream education, you don't have to justify yourself on that. I would look at other schools though, because this one doesn't sound at all suitable.

Technically if school are named in EHCP they do have to provide provision snd chikd I'd entitled to full time place. If OP wants him in mainstream that is her choice. Alternative provision should be provided.

What is wrong with provision the school have offered?

What does it say in section F of EHCP review alternative provision? In my childs it specifies forest school. Not that he is getting it.

Schools and county councils are a law until themselves and frequently breach law. I am working in an EOTAS package for my child and if I have to explsin to them one more time that their 'policy' doesn't trump law....

I wpuld need to know more about the AP offered that you are saying no to and what it is you want instead. And the wording of the EHCP.

Legally you do not have to agree to a part time timetable.

The op has extensively posted about the situation , of which some I have been on.

this is a very small rural school, it is providing the best it can and accepts they can’t adequately support the child so have referred multiple times to a PMLD school, which the Op refuses

Sorry I must've missed this. Was it in another post

You need to take it up with the LA, not the school. Though the school is named, the duty ultimately rests with the LA.
Have you got a paper trail about the reduced timetable and alternative provision etc?

The school sound hopeless, I know how hard changing is, but an obstructive headteacher is nigh on impossible to get dealt with satisfactorily.

In my experience, at best you'll get nowhere, and, at worst they'll start making malicious referrals in retaliation.

Sorry again for being the harbinger of doom

If they have funding for a full-time TA where is the money going?

Guarantee you didn’t tell the IPSEA that the school have referred your child to a PMLD school but you refuse to enroll him

Oh a EHCP changes everything . Sen mum here :-))) as you know this is a legal document and own that has to be followed . As a parent you have the right to contact either your EHCP caseworker or the local education sen department at your council and request an Emergency review . This cannot be refused by the way. This way you, the school and someone third party can meet and address your concerns. They will need to answer and a plan will be out together during this review. Call them today and scrap the complaint

The school have been very upfront…. They do not think your son should be educated In mainstream school and have referred him to a PMLD school.

In the meantime they are providing 2 hours of school time but for the safety and education of other children (and indeed staff) this is the maximum they are safely able to provide

follow up the referral rather than waste anyone’s time with a baseless complaint

They have referred him multiple times to a PMLD school op

You just don’t want him to go there

You have no grounds