Aibu to try and overturn my son’s permanent exclusion

He didn't "only" pull the chair out, he caused OPs son to hit his head hard against a wall causing a lump on his head....then texted him taunting and goading about the exclusion. But the poor diddums is innocent and doesn't deserve any punishment for his bullying.

The governors meeting is to confirm that the headteachers decision to PEX proportionate, justifiable and fair

RebelliousStick, OP's son doesn't have an EHCP so legal advice isn't necessary

Ok, it sounds like they are trying to rescind the permanent exclusion. The letter they want you to sign, ask them to email it to you and then you have the opportunity to read it carefully and check the wording . It sounds like they are going to try a managed move but want you to sign that you're not expecting him to return to the original school if it fails. Ring the local authority once you have the letter and check.
Please don't sign anything without checking the wording first. There is no issue with your son having a PEX on his record so again PLEASE check the wording.
I'd agree with others that when you receive the pack for the governors meeting, the wording on how they converted a suspension to a permanent exclusion is VERY important. Suspension = a fixed number of days (used to be called fixed term exclusion but the DfE changed the wording)
Permanent Exclusion = bye bye you're out (cannot be converted from a suspension unless significant NEW evidence comes to light)

Good advice from @Seelybee about next steps.

The school is pressuring you to withdraw your DS so that a PEX doesn't appear on their records.

Unless they are offering you a confirmed placement at another suitable school where he can sit exams, I would go to the panel meeting, with support if you have anyone who can come with you - social worker? - and be prepared to argue your case.

Best of luck to your DS.

@ThatRealBlueQuoter

On the SEN board look for EHCP thread no.5. There is an excellent poster there called ‘that’snotmygarden’ and she usually responds pretty quickly.
Ask there, she is v experienced/knows the law. If you think something doesn’t feel right (letter) get lawful advice - don’t be fobbed off.

@ThatRealBlueQuoter when you get your pack for the panel meeting, you need to look through it and see if there is any paperwork explaining why it went from 5 day suspension to permanent exclusion. There needs to have been new evidence that wasn’t available at time of suspension to change the decision. Remember the words ‘suspension’ and ‘exclusion’ are not interchangeable, they mean different things in this scenario.

This pack is all the evidence that the panel will get and what they make their decision on, they should not have any more information than you.

You will be given a chance to ask the school questions after they present their case for exclusion, so either you or the panel can ask why it went from suspension to exclusion

@ThatRealBlueQuoter a few points without having sight of all of the evidence that will go to the governors:

1. The headteacher can withdraw the permanent exclusion at any time before the governors' panel if an alternative provision is agreed instead. This might be what the school wants to propose i.e. a managed move. This would be on the basis that if the managed move failed your son can't return to his current school.
2. The headteacher cannot convert a suspension into a permanent exclusion. They can issue a permanent exclusion at the end of a suspension IF there is new evidence that leads to that decision. You could press the governors to find out exactly what the new evidence was.
3. Your son has only attended the school for a few months. Were they fully aware of the background and if so, did they discuss it with you and him to see whether he might need some extra support? If not, again you could ask the governors why this wasn't given to a vulnerable pupil because of trauma. Does he qualify for Pupil Premium? If you don't know, ask, and if so that should be taken into account.
4. I note that his attendance was only 47% in year 10 and he has moved schools halfway through his GCSE courses. Realistically he would not be getting a full set of good grades this year regardless. Better to focus on re-engagement with education and anger management rather than exams this year, he can pick up the exams at college later, which might be a better route for him anyway.

Or no exclusion for him because he only pulled a chair from under someone?

That was foolish and could’ve had worse consequences, but your son’s actions had obvious consequences.
Frankly I think you’re lucky he was just expelled as I’d expect the police to be involved.

I don’t have any advice, OP, but I’m very impressed with your handling of this thread which has been very calm and considered. Your son is lucky to have you. I really hope you get something sorted that allows your son to move on with his life and away from the violence and abuse - and I hope the same for you and the rest of your children x

sorry but its right to exclude him. He hit him FOUR times, he doesnt belong in mainstream. He needs help.

A PRU for behaviour is exactly the right place for your DS. One thing the staff there have is training in restraining pupils.

That makes it a safer place for both your son and his classmates.

I'm sorry that you have had a hard time and when you finally get away things are not perfect.

This is a hiccup for you and your family. The best thing DS can do is get on with getting his qualifications.

I hope you, and your family's futures are bright.

@Plugsocketrocket the upcoming panel meeting should be deciding whether the PEX is lawful, it is possible the school haven't followed policy (no matter whether the incident should have resulted in a permanent exclusion)

I think like most people who have answered your poll by a significant majority that you would not be for the best having your son’s expulsion overturned.

I have enormous respect for what you have done getting your children out of a domestic abuse situation. I have tonnes of empathy for your son having had such horrible things happen to him but I do not think that through the trauma he has experienced that his emotional regulation skills means a standard school is best placed to support him and that he will present a risk to other students for reasons that are beyond his level of coping at this stage.

He needs a combination of firm but appropriate to his experiences boundaries in school and a tonne of empathy and people who are experienced in giving students a much higher level of care than a standard school. Find out about a specialist unit that does not write children off but gives them the type of input their nervous system requires because of their context and background.

My son has AN and as parents we are faced with these unpleasant realities that sometimes the default system does not fit our child, for different reasons I feel you are in a similar situation.

Best of luck.

@ThatRealBlueQuoter in that meeting after the 5 day suspension (not exclusion, the different words are very important) did they say further information had come to light on that incident (and only that incident) and therefore DS was now permanently excluded?

If he's permanently excluded, he cannot go back and so this letter they want you to sign is irrelevant nonsense. I've never heard of such a thing.

Which will make F all difference for The Governors (if this is true)
I appreciate that there was mitigation OP but your son could possibly be prosecuted for assault which would REALLY mess up his future
Work with the school and see what solutions they can offer, I am only speaking to the school where I am Governor but genrally speaking we don't just wash our hands of DC that have been PX'd

No exclusion because he pulled a chair out. Which isn’t the same as 4 punches… your son clearly LOST it.
if the positions had been reversed your son would still be in school with punishments proportionally to his behaviour and the other kid would be excluded.
Stop making excuses for your son’s violence. You aren’t helping him.

@ThatRealBlueQuoter can you confirm whether the incident was treated as fixed term suspension first (you mention having a meeting after 5 days, re-integration meeting?) and then you were told DS was permanently excluded at that meeting?