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SEN

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

Original poster

Secondary school threatening legal action: (ASD persistent absence)

36 replies

SunDe · 01/12/2023 08:10

Hi, I'm looking for some advice re: my SEN 11 yo dd who started secondary in Sept. She has been under CAMHS for 3 years and having been referred for an ASD assessment in April 2022, we finally had the assessment 3+ weeks ago and are waiting for the outcome.

Due to persistent absence (she went in around 3 days a week up until half term and has been permanently absent since), we were referred to the Educational Welfare officer last week and on meeting them, were essentially told they need a bum on a seat asap or they will start legal proceedings to prosecute. They gave us strategies which we have already used and failed with (we've been dealing with absence, though not persistent, for 3 years). The only new info we were given was they'd allow a reduced time table.

The main thing right now appears to be that dd has been marked as unauthorised absence for the entire time ( i believe that's what triggered the EWO involvement) and this is despite us having alerted the school to her special needs since 3 months before she even joined, information which they consistently ignored, to the point we had to raise an official complaint with the head teacher in late Sept (by this point she was already off a few days a week and no one at the school seemed to care or even know this was a SEN issue despite my incessant emailing to anyone who i thought would listen).

It doesn't matter how many times i tell them, or tell CAMHS, or have told the school, she WILL NOT go to school and in my view this is because she is ill. Whether it's ASD (i firmly believe it is) or MH issues, she cannot go. She doesn't know why and i can't change the fact she isn't able to vocalise this. I try every day for the last 3 years to try and get somewhere with this and to no avail. She clams up the minute we try to discuss (always has done), has difficulty describing or identifying emotions. For the first 2 weeks of her current persistent absence, she didn't leave her room. She has developed new rituals (which always happens at times of anxiety), i am on my knees with exhaustion as i now have to sit with her every night until gone midnight cos she's suddenly too scared to go to sleep on her own, she is worried she is ASD and she is confused and bored and is all over the place. I also have 2 other dcs to think about.

My question is though, should the school have been marking her as unauthorised absence or given i have been sharing all the info all along and them knowing she was waiting for an ASD assessment ( i had even shared my CAMHS contact with them), should it have been marked as authorised?

I'm also considering writing a complaint to the school board of governors. While i've already submitted one to the head teacher (about the fact no one acknowledged her SEN issues at any point i'd tried to alert them to this on the lead up to secondary starting), which was upheld, we were given lip service. I am of the view now that their failure to acknoweldge her SEN issues and as per their policy put in place meetings with us and SENDCO even before she started there (or in fact since, i have never once had a meeting with the SENDCO) has possibly now impacted the entire path of her academic career. If they had listened when i told them time and time again, i can't help but feel we wouldn't have got to the point where she now doesn't go at all.

Any experience or advice or even a friendly ear would be much, much appreciated. Right now, i feel like she's about to be thrown out of the school cos her bum isn't on a seat, she currently nowhere close to agreeing to go back (she says she's not going back at all), and we're now being threatened with legal proceedings when i think the school have failed to provide us with the support, at the crucial transition window (i.e. from day one, rather than from week 4 when she was already staying off) and have also potentially recorded her absence as unauthorised when it should have been registered as authorised.

sorry that was long!

OP posts:
sugarandsweetener · 01/12/2023 15:52

SunDe · 01/12/2023 10:46

thank you blue brick that is all very helpful information. I was also under the impression that you didn't need a formal diagnosis to be considered as SEN and given she has been in the CAMHS system for over 2 years, we've already now had the assessment, and the school's policy itself states that they don't need a diagnosis to be considered as SEN, i don't understand why her absences have been marked as unauthorised. Especially as i've been in constant contact with them all along explaining what is going on witt her at home (anxious, withdrawn, distressed, increase in behaviours etc).

you don’t need a formal diagnosis

however if your daughter has never received any SEN support - is this because the school has included she doesn’t? In which case… a formal diagnosis would have changed their stance!

BaublesofSteel · 01/12/2023 14:27

@SunDe I have been through this with one of my DC. Please don’t blame yourself. Parents only know what to do , when they know what to do! It doesn’t mean you haven’t been fighting, it means nobody has pro actively helped you.

I also agree that you need to challenge the unauthorised absences. Do you have an email trail outlining your contact with the school and outlining the reasons for absence?

If so, keep these as evidence.

I would also contact your GP and explain what is going on, explain DD is awaiting assessment and CAMHS involvement for suspected ASD. They may write a letter of support for you to confirm why DD is not attending; although some GPs are better than others. Send this to school and the local authority.

The provision that @BlueBrick mentioned (s19) should be put in place. Do not delay on this and use IPSEA’s model letter to request it.

@BlueBrick has given you solid advice; you need to get things rolling as soon as possible. You are not to blame, but it is always a fight. Always.

Original poster
SunDe · 01/12/2023 10:46

thank you blue brick that is all very helpful information. I was also under the impression that you didn't need a formal diagnosis to be considered as SEN and given she has been in the CAMHS system for over 2 years, we've already now had the assessment, and the school's policy itself states that they don't need a diagnosis to be considered as SEN, i don't understand why her absences have been marked as unauthorised. Especially as i've been in constant contact with them all along explaining what is going on witt her at home (anxious, withdrawn, distressed, increase in behaviours etc).

OP posts:
Original poster
SunDe · 01/12/2023 09:30

and to answer your q, we have already set her back up with an online tutor she had before, which is a major step for her to have agreed to. At the moment, she refuses to see anyone face to face.

OP posts:
Original poster
SunDe · 01/12/2023 09:28

Again, thanks *sweet". I don;t think i've done myself justice in the OP or other posts because i've fought non stop since 2020 to have someone at the primary school, at CAMHS to support us. Due to the waiting list, we didn't have CAMHS case worker until Autumn '21 and then finally after many sessions with her, they referred her for the ASD assessment which of course is a long waiting list. We now just await the outcome which the EWO has said we "better get soon", unfortunately as much as i harass CAMHS, i can't force them to give it to me! Since June this year i have badgered the secondary and CAMHS non stop for support on transition as i have researched and knew that this can be a critical time for ASD girls starting the un-masking. And it appears that that is where we are. Point taken on the ECHP, i think we were kidding ourselves that this might not be severe enough to need to result in that. Thanks again for taking the time to reply.

OP posts:
BlueBrick · 01/12/2023 09:24

The school should be recording the absences as authorised. I disagree with pp, you absolutely do need to challenge them.

Email the school and copy in the LA reminding them the DfE’s attendance guidance states absences should be recorded as authorised where pupils cannot attend due to illness (both physical and mental health related). Also, the regulations (Education (Pupil Registration) (England) Regulations 2006) make it clear where a pupil is absent because they are unable to attend due to their medical needs the absence must be regarded as authorised.

Go on to say that as DC is not receiving an alternative education under s.19 of the Education Act 1996 and an EHCNA has only recently been requested (or not requested at all if it hasn’t) the school and LA could have done and still can do more to support DD with her needs arising from her MH/SEN.

As difficult as it is, try not to let the threat of prosecution scare you. Ensure you follow up all verbal conversations (including meetings) with emails so you have a paper trail as evidence.

Under s19 of the Education Act 1996, if DD can’t attend school full time due to her MH/SEN (or otherwise) the LA has a statutory duty to ensure she receives a suitable, full-time education. Email the Director of Children’s Services requesting provision. If you are ignored or they refuse/delay, email again reminding them of their statutory duty and threatening judicial review. If that fails, contact SOSSEN for a pre-action letter. You do not need to pay for a tutor yourself.

Separately, if an EHCNA requested has actually been formally submitted to the LA, do it yourself. On their website, IPSEA has a model letter you can use.

Don’t allow the school to off-roll DD. That would be unlawful. And whatever you do, don’t deregister and EHE even if DD can’t attend.

And you say SEN but it would seem no diagnosis has been sought until April 2022 and no support.

There doesn’t have to be a diagnosis for pupils to be considered to have SEN?

sugarandsweetener · 01/12/2023 08:49

so anxiety from year 3/4 onwards?

OP…. your child is not getting an education, which will impact her life enormously and very negatively.

Since 8 she’s been struggling seriously. And you say SEN but it would seem
no diagnosis has been sought until April 2022 and no support.

See this as a battle and be as proactive as possible

Don’t waste your time complaining. Spend the energy towards doing doing something proactive for your daughter

Whilst this is being pursued, can you afford a tutor?

sugarandsweetener · 01/12/2023 08:46

We've not heard a peep from her about it since though.

But you are the latent Op. You. So you chase and advocate and pursue

Original poster
SunDe · 01/12/2023 08:33

Thanks for replying sugar. No ECHP no, it never even came up as a possibility until we complained to the head teacher and that was one of her actions. We've not heard a peep from her about it since though. Primary was mainly ok but anxiety around going in started 3 years ago and gradually escalated into year 6 which is why I made every effort to engage the secondary school ahead of time (June this year).

OP posts:
sugarandsweetener · 01/12/2023 08:14

how did primary go?

sugarandsweetener · 01/12/2023 08:13

Does she have an EHCP?