To ask the legal standpoint for a school related matter

[rjet1245]

Does anyone know what the legal standpoint on home lunches is? Can any school stop you taking your child off premises for lunch as long as they are back on time for afternoon lesson?

Any advice appreciated.

I imagine that they can as when you send your child to school you agree to abide by the school rules. They could instigate disciplinary proceedings which could lead to expulsion.

I think you need to read the school rule book in detail. We were certainly allowed to do this, my grandparents took me out to lunch once a week when I was at school. Picked me up and dropped me back before the afternoon bell went. But that was 30 odd years ago!

Most schools in my area have stopped pupils leaving at lunchtimes

There will be school rules which you agree to adhere to.

Actuslly this is a really interesting point.

Supposing a parent/child Refused as a matter of principle adhere to any school rules of their allocated school (uniform, homework etc). Could that child them be expelled & so would they then get priority to be allocated an alternative school which perhaps wAs their original first preference?

Not that I'd risk trying it as a strategy.

Hi. Thanks for the replies. DS has been coming home for four years for lunch and isn't signed in and out except for popping head round office door to say he's going plus note from me in his diary. Lunchtime is now being shortened so school want to look at arrangement again. He's autistic and the home lunch is his down time which he needs. Academically and socially he is not being affected.

Our school allows them (as secondary) but the student must have a 100% perfect attendance record. So it's a privilege within the school rules, obviously if there is a hint of the kid abusing this (secondary = if they pop off after lunch and truant/are late) it's withdrawn.

This is secondary school

I think considering your sons autism the school would be unreasonable to stop it. They need to meet his needs and make reasonable adjustments so in your position I would challenge them on this.

His autism is very mild and he's only on the min of special needs provision, not statemented but he doesn't deal well with change.

I do think you should speak to the school ASAP regarding this. It's clear your son needs this time out from the chaos and bustle of school and to force him to remain could be detrimental to both his mental health and his capacity for learning.

Does he have a diagnosis? If he does then 'reasonable adjustments' apply whether he has an ehcp or not.

Secondary schools often make pupils stay all day, but Primary are often more flexible.
My DS had lunch at home throughout Primary for just the reasons you OP. He would not have coped with the length of the lunch break.
Does your DS have an EHCP? Could it be discussed at his next review, and a formal agreement made?

A lot of schools have stopped it due to trying to build better community relations, kids off site at lunchtime can cause local residents & businesses issues.

My ds has asd so I understand the issues. Do you collect & return him or does he leave/return alone. I can totally understand the school not allowing him off site unsupervised as they are liable.

We have a meeting on Friday but they haven't indicated what their decision will be. I just wanted opinions so I can put my case across if need be. He is in top groups for most subjects and loves school. I think having to stay for lunch could tip the balance.

He's picked up at door and dropped off at door so no coming home by himself.

He doesn't have formal diagnosis but has had input from specialist OT for 10 years who diagnosed the condition. We've always gone privately as NHS didn't offer appropriate intensive sensory therapy he needed.

Is there somewhere quiet in school he could go at lunchtime to have down time? How will he be supervised and not made to feel like he's been punished?

If the school do decide to refuse to allow you to take him home for lunch then they should offer a suitable alternative.

I assume in a few years he will be going to a new school so may not be allowed to leave for lunch. So it's worth thinking about building up to that at some point, but you sound like you have 3 years left before it's an issue

But if he has no formal diagnosis they are probably not obligated to cater for his needs.

His SEN makes a big difference. You need to demonstrate that he needs this down time & that they need to make reasonable adjustments.

What I will say is thiugh that for both my aspie children lunchtime is a big help to them socially at school.

Socially, he's fine. He's never in at weekend as out with mates to cinema, shops and meals plus always talking to them on a night. He's 13 so this will be last school for him before college.

But if he has no formal diagnosis they are probably not obligated to cater for his needs

I agree.

You have no formal diagnosis so not sure where you would stand.

given the time/difficulty of getting a diagnoses many schools have a policy of making adjustments whether or not a diagnoses is in place.

Best to check his schools policy.

I hoping the two year precedent set may weigh in our favour. He has not once been late back from lunch even by one minute.