To go the papers?!

[KateGrey]

I have a five year old with autism. Dc also has a ten year old sibling with autism. The youngest is in mainstream and has been discriminated against. Simple examples include being forgotten about regarding the school trip in that we turned up not having been told (we don’t get any paperwork and we have asked) there was a trip. DC is sent home early constantly. Current hours are 9-1pm as “other parents might complain” if DC was to start at normal time says the head. Autumn term DC was only allowed in on average an hour and a half a day (DC has support). We’ve had numerous meetings, involved our council, lodged a complaint and nothing has changed. We’ve now sought legal advice but a tribunal will cost us 10k at least and any ruling and decision can’t be enforced for instance an apology. The school are very anti Sen. Our feelings have been backed up by speech therapist and two other professionals. I feel like we aren’t being listened to. The head of governors ignored all our complaint and didn’t bother speaking to two key professionals from outside of the school. We’ve been told our DC is being deliberately kept separate from other children. DC is not violent. I don’t know what to do. We’ve complained to all that we can but nothing has been done.

This reads like an illegal exclusion to me. It also reads like the school is ignoring its responsibilities under the Equality Act. Excluding your child from school trips, for example, could be a breach.

Is this a community school or an academy?

No surprises but it’s an academy school. Our solicitor is going to put the school and council on notice for breach of statutory duties.

From what you have said they still have not given a reason for what they are doing. Your DC has support (a 1:1? all day?) to enable them to access the curriculum. Unless their behaviour is seriously affecting the learning in the class or is a safety issue (and they have done a risk assessment to show this), then I don't quite understand their reasoning. I'm so sorry OP that this has happened and can fully understand your frustration and desire for accountability.

It could be the school has taken the steps it has to say to the Council "we cannot meet this pupil's needs therefore a specialist place needs to be found and funded". Sometimes unless this happens the Council will not fund a space due to cost. Do you think this is a possibility?

Does the local government ombudsman have any remit in SEN complaints?

They give no reason for any of it. A solicitor has said they’ve found nothing from the subject access request to suggest DC is violent. We can’t get anything out of the school. We’re aware School probably never wanted DC but don’t know how we can get their Sen provision looked at. The academy trust don’t want to know and county are also responsible because they couldn’t find her another place so are covering from the school. Dc attended mainstream preschool for two years with no support.

Does the local government ombudsman have any remit in SEN complaints

Not for an academy, which is why I asked.

No surprises but it’s an academy school

Whilst opponents of academies have ensured there has been a lot of publicity about academies failing SEN pupils, the reality is that community schools are no better.

As this is an academy, since you appear to have already talked to the SENCO, the next step is to talk to the ESFA. Alternatively you could take the school to tribunal - I expect your solicitor will have told you that.