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.

You don't need a formal diagnosis to get a statement/EHCP the school have obviously recognised your sons additional needs previously and must continue to do so

He's on what used to be school action.

hmm, could be considered a reasonable adjustment for his disability. you really need documentation of his diagnosis though.

I could get a letter from therapist confirming need for home lunches to continue.

Our local (only) secondary school turfs pupils out and off the premises at lunchtime to roam the town centre and shoplift in Tesco. When DS2 was a pupil there, he would often come home for lunch, especially when the weather was bad - we are only 10 min walk away and plenty of his friends would do the same.

Some people don't know what they are talking about, because a formal statement or EHCP is not needed before the school makes accommodations for a specific child's needs. In fact both documents are supposed to only be issued when those needs exceed the ability of the school to meet them (eg. more TA hours, or needing to buy in outside support).

At my DCs school home lunches were allowed, but you had to apply for a pass (and I think they assumed if you had a pass you were off the premises - they may need you to sign in and out now). My DC don't live close enough for it to be relevant to us.

Very similar circumstances.
When dd was out on the yard alone every lunch I was told without doubt she could not come home at lunch even I collected. Only year 11 can.

There's no requirement for a formal diagnosis before the duty to make reasonable adjustments for disability kicks in. If the school has accepted in the past that he needs this, then they've presumably accepted that he is disabled.

However, I suspect what they will be trying to say to you is that he's now old enough to try managing without and/or that he should try to help him develop independence skills etc; they'll also refer to the shorter lunch breaks and suggest it's too short to be worth going out of school for. Only you know whether any of that is relevant or viable. If they were to offer him a quiet area where he could have lunch on his own and wind down, might that be possible?

At Secondary DS was able to go to the Learning Centre (SEN dept)after he had eaten. Much quieter calmer atmosphere. Would your DS be able to do that?
I agree they should offer an alternative arrangement as going home for lunch was something they had previously agreed to. Is it in his IEP?

No you really don't need documentation of his diagnosis. If he is on their equivalent of school action plus then they recognise he has SEN and therefore they SEN laws and policies apply.

will he actually be able to travel home, eat lunch and travel back in the time period? If there is going to be a rush/possibly be late etc then maybe it is time to introduce DS to lunch at school.
Is there a room where students who struggle with crowds can go to?

When I was in secondary school I ate quickly in the lunch hall then went to the library or to the special needs classroom to sit and read. (much quieter then the outside, much more suited) Maybe a arrangement like that?

Sounds like its covered above - and school may just be covering themselves from a safeguarding perspective.

If he has a formal diagnosis then even without and EHCP it is a disability for which reasonable adjustment should be made. You have evidence of a reasonable adjustment being made that has had no negative impact on your sons schooling, and support his needs.

What particularly was he on school action for? Was it to do with his asd?

No you don't need a diagnosis to be covered by the equality act but in schools it does make it easier.

The school may not have been making reasonable adjustments at all. Simply they didn't mind children going home at lunch, now they do. While I agree it would seem like a simpler solution all round for the current plan to continue, if the school decide they don't want to do that the OP would need to show that her ds is at a detriment by staying in school over lunch.

Thanks for the further replies. The OT is looking into the reasonable adjustments angle for us, based on the fact that he already comes home for lunch and it's been successful until now. I'm not sure a quiet area in school would make much difference as he often needs to unwind by discussing any concerns from the morning. There is easily time for travel and a quick lunch.

A while ago I emailed IPSEA about this exact situation and although most of the reply was a bit vague & waffly, they pointed out part of the SEN Code of Practice, which might be useful for you to quote to the school.

Paragraph 6.2 of the Code of Practice says,

‘Every school is required to identify and address the SEN of the pupils that they support. Mainstream schools, which in this chapter includes maintained schools and academies that are not special schools, maintained nursery schools, 16 to19 academies, alternative provision academies and Pupil Referral Units (PRUs), must:

• use their best endeavours to make sure that a child with SEN gets the support they need – this means doing everything they can to meet children and young people’s SEN’

Borka, thank you so much for this info. It's an amazing help:)

I'm going to email a copy of my son's case ahead of the meeting so they can read and digest my arguments before I go to the meeting. Otherwise I'll forget everything I want to say.

Thanks everyone for all the input.

Just to update the thread. It was approved immediately with no issues. He can come home whenever he wants. Thanks again for all of the input :)

We would allow this, if it was exceptional circumstances. Sounds like it's becoming impractical with shortened lunch?

He should be officially signed in and out though - poor safeguarding practise to not.

Didn't read to end - pleased to see your outcome!

That's good news. I was the only girl just about with my sister to come home every day for lunch from my primary school (no special needs) but my father came home every day (a long time ago). It was a bit isolating in my case as no playing with friends at lunch times. At 11+ the new school required us to stay and we did which did work out fine but it certainly sounds like here the school is being reasonable.

Decades ago most primary pupils walked home every lunch time and then back - most of the lunch break was walking, not surprising they were thin in those days and had their lunch at home. Big change nowadays.

In fact my mother not only walked me with the toddler and baby in a big pram to school 30/35 minute walk. Then she did it again to collect me for lunch, then again to take me back after lunch and then again in the evening. Not surprisingly when I was about 6 or 7 she learned to drive and we got a second car!

Good news OP.

So there's no longer a requirement to have a home school agreement and you can't penalise a student because of the content or the fact of not signing.

As for lunches, as far as I'm aware you can remove your child at lunchtime. However there may be a grey area over allowing him to leave the premises alone. I will have a think

Great news. Common sense prevails