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SEN

Here you'll find advice from parents and teachers on special needs education.

Original poster

Reduced School hours

31 replies

MummyPop00 · 25/05/2023 09:56

DS 13 is in year 8 at High School with ASD in Designated Provision attached to mainstream, but the wheels have been coming off over the last year.

In December there was a safety incident, DS had a meltdown & threatened to jump off the first floor staircase so he was excluded temporarily & then started again in Jan doing two hour days, then gradually readmitted to full time again over a three month period. Been doing full time over the last six weeks or so but due to further behavioural issues, School have cut his hours again to two per day, as of yesterday, before the upcoming half term.

School are now contacting the LA regarding where we go from here.

We requested an emergency review of the EHC plan in January, the LA have only just implemented the additional funding now for a 1:1 TA, School have been doing this out of their own funding since Jan.

Increasingly looks like we are going to have to jump ship to a ASD specific school 8 miles away, we named this on the emergency EHCP review but the LA went with the increased support at his existing school.

We are dreading the possibility of another emergency EHCP review, then another three or four months reduced school hours whilst the LA, with their EHCP backlog, take months to deal with it…

Home schooling is not really an option, School is the only respite we get as we have no extended family to call on & DD 12 also has ‘issues’, just not formally recognised (as yet).

What are our rights here regarding the reduced hours? Can school keep doing this for safeguarding reasons?

OP posts:
Original poster
MummyPop00 · 25/05/2023 14:03

Hi again, so can you still appeal the last review pending a new review? I see what you mean though about having two routes for change open, more options the better

OP posts:
ThomasWasTortured · 25/05/2023 13:44

Personally, I would still submit an appeal now. If the AR results in all the necessary amendments that’s brilliant, but if it doesn’t you haven’t lost up to 3 months.

Original poster
MummyPop00 · 25/05/2023 12:51

Again all noted, DS annual review is actually due on 14th June anyhow, so guessing going via a EHCP review will remain the most convenient route

OP posts:
ThomasWasTortured · 25/05/2023 12:32

As I suspected. Unfortunately all too often schools informally exclude.

I am glad SENDIASS were supportive. Do be careful with them though, some can be good, but a lot perpetuate the LA’s unlawful policies and practices. IPSEA and SOSSEN are better.

Personally, I wouldn’t wait for another early review before appealing. The LA does not have to agree to an early review. If they refuse there’s no right of appeal. You would be left either waiting for the annual review or requesting a reassessment of needs (which would come with the right of appeal if refused). The waits for a hearing are long but waiting for another early review could potentially further delay DS receiving the provision he needs. Even if you appeal you can continue to communicate with the LA. If you do appeal inform SENDIST DS is not in full time education as these appeals are prioritised.

Original poster
MummyPop00 · 25/05/2023 12:12

Wow, encyclopaedia knowledge there @ThomasWasTortured thank you very much for that comprehensive reply.

Yes, we never got anything in writing, so I guess it was an ‘illegal’ exclusion.

To clarify: we were happy to give the ASD unit within mainstream a final go, but did name an alternative ASD specialist school on the January emergency EHCP review, whilst not expecting the LA to sanction it at this stage.

Just been in touch with the local SENDIASS, who like yourself has told me to get school’s proposals re: reduced timetable in writing, and they ‘shouldn’t be operating a reduced timetable even with fair reasons longer than 6 weeks’ as you said.

They have also advised me to call another emergency EHCP review rather than going straight to tribunal because the backlog is even worse for tribunals (Feb-March next year!).

So I’ve emailed school asking if they or we are instigating another emergency review & also asking for the details in writing re reduced timetables & then depending on their reply, will consider using some of the other routes you have mentioned! Once again, many thanks 😊

OP posts:
ThomasWasTortured · 25/05/2023 11:01

Have you appealed the LA’s refusal to name your preferred school? If not are you still within the appeal window? I think you probably are, in which case you should appeal

Was the exclusion in December a formal exclusion with paperwork? Or an informal, illegal exclusion.

Sounds like DS is being illegally excluded. Email the headteacher informing them DS will be attending full time unless formally excluded. Ensuring the exclusion are formal instead of an unlawful, informal exclusions will a) provide you with evidence of unmet needs to support pursuing additional SEP/an alternative placement, b) force the school to follow due process, c) limit the number of days the school can exclude for, d) allow you to challenge any exclusion, and e) ensure DS receives alternative education for longer exclusions.

Alternatively, if you don’t feel DS can attend full time email the LA’s Director of Children’s Services informing them DS is not receiving a suitable full time education, so they need to provide provision under s.19 of the Education Act 1996. And DS is not receiving all the provision detailed, specified and quantified in F of the EHCP and they have a duty to ensure he does under s.42 CAFA 2014. If the email doesn’t work email again threatening judicial review. Then if that doesn’t work contact SOSSEN for help with a pre-action letter. Unfortunately the provision in F can only be enforced if it detailed, specified and quantified. If it is woolly and vague it isn’t enforceable.

Part time timetables should be short term (no concrete definition but often said to be 6-8 weeks) aimed at reintegration. After this DC should either be in school full time or alternative arrangements provided as well or instead of part time school. Part time timetables should also not be used to manage behaviour.

Separately to all this you should request social care assessments. A carer’s assessment for you and an assessment via the disabled children’s team for DS. On their website contact have model letters you can use.

For future reference, following reviews the LA must inform you whether they are going to amend or not and if they are send a draft then within 4 weeks then finalise within 12 weeks. If the LA breach these timescales you can enforce them, via JR if necessary.