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Has anyone managed to get a mainstream school to agree a lower attendance target

43 replies

Tryingasmuch · 03/12/2024 13:10

For lifelong medical issues if a child just can’t get the required 97%?

Can schools do this or is it ‘set’ by the dfe?

OP posts:
Redburnett · 03/12/2024 16:48

I sincerely hope you do not end up in court, but if it does come to that make sure you take all your evidence with you on the day, every single bit of medical evidence you have, and your own record of explanations for her absences where there is not medical certificate.

Tryingasmuch · 03/12/2024 16:59

Frowningprovidence · 03/12/2024 16:22

I think TAF can be organised by Early Help. So you could ask for a referral. It woukd depend how you felt about involvement

I dint think.you can organise it yourself.

At this point I’d really welcome involvement as I really need some proactive and balanced professional support

OP posts:
gingeristhenewblack43 · 03/12/2024 17:16

I assume it is a state school and in the UK? In which case the LEA issue the fines. I would contact them directly and provide evidence to them of your DD's medical conditions and the dates she was off school because of this. Refuse to pay any fines and threaten legal action if they persist in continuing on this course on the basis of disability discrimination.

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Tryingasmuch · 03/12/2024 17:18

gingeristhenewblack43 · 03/12/2024 17:16

I assume it is a state school and in the UK? In which case the LEA issue the fines. I would contact them directly and provide evidence to them of your DD's medical conditions and the dates she was off school because of this. Refuse to pay any fines and threaten legal action if they persist in continuing on this course on the basis of disability discrimination.

I’ve been trying to get hold of them all day. The school told me they don’t have a contact ? So I’ve just been having to leave voicemails

OP posts:
YourRubyBeaker · 03/12/2024 17:30

Are all the absences illness or recovery from illness (as in the sleep after a seizure) or are some of them absence as she won’t cope with x school event, or a whole day off for a 9 o’clock hospital appointment.
I’m assuming definitely not family holidays as her illness wouldn’t be relevant.
I’m just trying to work out where the school/LA thinks you meet the criteria to be fined.

Tryingasmuch · 03/12/2024 17:40

YourRubyBeaker · 03/12/2024 17:30

Are all the absences illness or recovery from illness (as in the sleep after a seizure) or are some of them absence as she won’t cope with x school event, or a whole day off for a 9 o’clock hospital appointment.
I’m assuming definitely not family holidays as her illness wouldn’t be relevant.
I’m just trying to work out where the school/LA thinks you meet the criteria to be fined.

No holidays at all and it’s only ever been half a day if an appointment is AM or PM. It’s mostly due to seizures they don’t agree with the recovery time needed (this is why they’ve said other student with similar are managing more and why can’t dd if they can), A lot have also been from repeated severe earache and then also some absences with arm or leg symptoms (altered sensation and temporary paralysis which is why investigations are ongoing for FND)

OP posts:
YourRubyBeaker · 03/12/2024 17:43

Tryingasmuch · 03/12/2024 17:40

No holidays at all and it’s only ever been half a day if an appointment is AM or PM. It’s mostly due to seizures they don’t agree with the recovery time needed (this is why they’ve said other student with similar are managing more and why can’t dd if they can), A lot have also been from repeated severe earache and then also some absences with arm or leg symptoms (altered sensation and temporary paralysis which is why investigations are ongoing for FND)

In that case they are being ridiculous. We have a little girl at our school (I work there) who needs two to three days after a seizure.

Let them take you to court it will be stressful but it will get thrown out.

gingeristhenewblack43 · 03/12/2024 20:07

Absolutely ridiculous! What one person experiences as a seizure can be completely different to another.

An absence seizure is completely different to a grand mal. They are two opposite ends of the spectrum in terms of energy spent by the body and recovery time needed.

oatmy · 03/12/2024 20:10

I just wanted to say I am so sorry you are having to deal with this. The school sound completely unsympathetic and inhumane.

Squeekey · 03/12/2024 20:17

Illness is a complete defence to non school attendance. They shouldn't be issuing the fines, you shouldn't pay them, and they should* lose in court.

  • Should because whilst legally you have a defence and that should be the end of it, magistrates courts have a reputation for favour prosecutors more. You could then appeal to a crown court judge, which is more likely to be more impartial, but obviously there's always the risk of losing/costs.
Phineyj · 04/12/2024 07:52

I realise it's not practical when DD doesn't have a diagnosis yet, but when she does, maybe someone from the relevant advocacy charity can come in and train the school about seizures.

I taught at a school where our school nurse had previously been employed by Diabetes UK and that had been a big part of her job.

Spagettifunctional · 04/12/2024 07:54

This is awful. In Ireland it’s 20 days before any letter goes out (maybe a gentle letter after ten from the school) but it’s so much more understanding here.

Tryingasmuch · 04/12/2024 10:45

They won’t budge on any of it. There’s a clear assumption that I’m keeping her off when they don’t feel it’s necessary and that my ‘anxiety’ is impacting her attendance. My gut feeling is to carry on with the EHCP application but take her out of this school and find another one that are more understanding (and that isn’t an academy)

OP posts:
JetskiSkyJumper · 04/12/2024 11:06

What?! You need to get firm with the OP.

As stated above you do not need evidence for every day of illness, they know she's unwell and there's investigations going on.

Don't pay any fines, let them take you to court. Or offer to do it for them and look at a disability discrimination case via the special educational needs and disability tribunal! They're discriminating against her.

Also write to your local authority and ask for alternative provision letter 22b www.ipsea.org.uk/asking-the-local-authority-to-arrange-alternative-education-model-letter-22

Phineyj · 04/12/2024 12:56

The academy thing is a red herring really. The vast majority of secondaries are academies. You need one with a humane Head/SLT that are cognisant of DFES guidance. Are there any parent support groups locally? That could be a good source of info.

BrightYellowTrain · 04/12/2024 13:36

Write to the school reminding them absences due to ill health must be authorised. State the Regulations (School Attendance (Pupil Registration) (England) Regulations 2024) make clear where a pupil is absent because they are unable to attend due to sickness the absence must be regarded as authorised. Also state the DfE’s attendance statutory guidance states absence due to illness must be coded as I and unless the authenticity of the illness is genuinely and reasonably questioned must be authorised and they should not be requesting medical evidence, especially medical evidence in a specific form. Go on to say that as DD is not receiving an alternative education under s.19 of the Education Act 1996 and an EHCNA has not been requested, the school and LA could have done and still can do more to support DD with her needs arising from her disability.

Ask the school if they have made a sickness return to the LA. They should have. I suspect they haven’t if they are recording the absences as unauthorised.

Finish by giving them a reasonable deadline to reply. Copy in the Director of children’s services at the LA too. If this doesn’t work, you may want to look at legal action.

You can request an EHCNA and alternative provision yourself using IPSEA’s model letters on their website.

CassandraWebb · 04/12/2024 13:45

For leg paralysis/FND do you have the means to sort a wheelchair?
I have a neurological condition and feel like I'm much more able to leave the house on bad days now I have an electric wheelchair

CarefulN0w · 04/12/2024 13:59

www.youngepilepsy.org.uk/guide-schools-epilepsys-impact-learning/guide-schools-attendance

I just found this on the young epilepsy website. I'm appalled at how school are behaving. It's a bit of a cliche, but an epileptic fit can involve a similar amount of physical energy to running a full marathon. Your poor DD needs time to recover.

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