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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To not want him to go to this school

125 replies

Warwick82 · 01/09/2019 18:56

Hi. So I have 3 beautiful children. 2 daughters aged 14 and 11 and my son aged 7. My ds was diagnosed with adhd and autism last year. He is a gorgeous little boy but his mental health is shattered from the way he has been treated at two separate schools and left to struggle from day one. I won’t make out for a second my ds is an angel because he isn’t, but then again how many kids are, however my boy didn’t start school as an anxious, angry confused little boy. Don’t get me wrong he was stereotypically hyperactive, he couldn’t concentrate for very long, touched anything and everything and he flitted from one thing to the next. Fast forward three years however and he is a comepletely different child. He is anxious, low, and has to be encouraged to do the basic things in life like eating a meal or taking a bath.

He was “asked” to leave his first school as they couldn’t cope with him. He was excluded regularly at age 5, put on a reduced timetable, meaning I had to cut my hours at work and ultimately lost my job in the end, was treated badly by staff, including one teacher who decided to try and restrain him and ended up hurting his arm. He was then forced into another mainstream school further away, meaning I could no longer walk him to school and I had all 3 of my children at separate schools. Fast forward a year and despite me telling my local authority that the school placement would inevitably fail, my ds was left to struggle and despite the head teacher writing to the LA countless times stressing that they could no longer meet his needs the LA chose to do morning until now. I knew full well what was happening. The LA wanted my ds to go to their in borough specialist school but there were no places available, but come September there would be. So my son has been left all year falling further behind with his learning, feeling panicky not wanting to go in and being taught by several inexperienced TA’s who didn’t actually have a teaching assistant qualification or appropriate training.

My LA then invited me to go and visit the school they wanted my son to go to which I did. The school itself has had a bad reputation for years and the general consensus is that the majority of kids who go there come from chaotic families backgrounds ie cases of neglect, substance abuse, attachment issues, families who’s kids have been in care etc. But I thought it best not to judge a book by its cover and so i went to have a look around. I was hoping I would be pleasantly surprised but no. The building itself was disheveled, dirty carpets, pokey classrooms, very little in terms of play equipment, in fact my son’s mainstream school had more facilities, staff who seemed disinterested in showing us around the school etc.

AIBU to refuse to send my DS? I’ve already refused and I’m heading to court to fight it but I keep doubting myself. I’ve seen other schools that have so much more to offer my ds yet people, including my family, think there is no point in fighting the system and I should simply agree fot my ds to go there. But he has already had 2 failed school placements at the age of 7. If I were to send him to this school I’m convinced it would be another failure yet my LA are doing their best to try and convince me. My ds does have behaviours I don’t deny it, but he comes from a loving support home and me and my DH have worked tirelessly to support his needs and to provide a stable family unit, yet my LA feel he would do well in a school that to me at least, is only a few prison bars away from being a youth detention centre! Honestly when i picture my ds there I just want to cry. Surely he deserves to go to a school with children similar to him with similar needs and abilities, not simply to be sent to the cheapest possible school with kids he may pick up even more behaviours from.

OP posts:
Warwick82 · 03/09/2019 09:49

He isn’t at school because the LA have officially named a specialist school and the head at his mainstream school won’t allow him to go back despite us having the right to send him back until the appeal has been heard. I’ve been told I can’t just turn up with him today. His one to one teaching assistant has now been allocated to another pupil with sen as that child’s one to one teaching assistant has now left.

OP posts:
herculepoirot2 · 03/09/2019 09:52

If he is on the school roll, it’s not up to the HT.

herculepoirot2 · 03/09/2019 09:52

Well, not unless they exclude him.

Lovemusic33 · 03/09/2019 10:04

Ignore anyone who says “it’s not worth fighting the system”, it’s always worth fighting. I fought for years for my dd and eventually got her a school place out of county in a specialist school, it’s not easy and it was made almost impossible for us until she reached high school age. I have heard many stories of people struggling to get the right school named for their child and many have gone through hell to get there, having to send their kids to schools that they know won’t work out.

I think you have 2 options..
1... You send him to the named school knowing it’s not going to work out, you wait for it to all go wrong and then you have a good case to get him into your preferred school. The problem with this is you risk his mental health and behaviour becoming even worse. You must keep a diary to keep note of any decline in his behaviour and log any incidents that happen at school to build a case.

2... You pull him out and you home school, his mental health may improve but yours may be at risk. Pulling him out may make it harder to get him a place anywhere. Home schooling can be great but can also be a nightmare, look online to see what support and what groups there are in your area and speak to other parents who home Ed.

Go and look at any other schools you think maybe suitable, list the reasons why they are more suitable than the placement he has been given, sometimes the school will advise you on how to get a place and wether they feel the placement is suitable for your ds.

Warwick82 · 03/09/2019 10:07

Yeah he’s still technically on roll at the mainstream school as i’m appealing against the specialist school that’s been named. It isn’t ideal for my Ds to go back but the LA haven’t bothered to arrange any alternative education either. So I’m not sure what to do.

OP posts:
herculepoirot2 · 03/09/2019 10:09

but the LA haven’t bothered to arrange any alternative education either

Isn’t that what they are trying to do with this new school?

You have three choices: send him to the school where he is actually on roll, send him to the specialist school, or keep him at home while you fight the battle. You know that the mainstream school wasn’t working. You can’t home educate (correct?). That leaves the specialist school.

butterflywings37 · 03/09/2019 10:11

If you genuinely believe the LA school cannot meet need then you keep your son at home and go to tribunal making it clear the reasons why the LA school is not suitable. You could continue to send him to current mainstream school if he is on roll but I'm not sure that would benefit anyone.

Whatever you do do not have the EHCP changed to home education unless you plan on doing that long term

youarenotkiddingme · 03/09/2019 10:11

How's your emailing?

I'd send your ds to the school. Leave him there.

If they refuse to have him then write an email along the lines of...

Dear HT

X arrived at school today as per the law that I must send him in.
You refused his entry.

Please inform me clearly under what laws you had the right to do this and how you are recording his absences on your records.

Regards

Xxxxxxx

I have always found not arguing but asking them to give you the answers gets them to sit up and listen.
Especially when they can't actually answer without dropping themselves from 100ft into the shit!

sunnybeachtime · 03/09/2019 10:13

It doesn’t sound like the LA are going to agree to the expensive independent school until all options are exhausted.

You’ve said you can’t home school him

So, i think the only thing you can do is send him to the school they’ve recommended, and see how it goes.

It might be the best thing for him, perhaps his anxiety and mental health issues come from mismatched expectations and abilities. Maybe at the new school, where the expectations will be different and other children will have similar issues, he might feel more at ease, and able to access education.

Warwick82 · 03/09/2019 10:14

Yes but because I have the right of appeal at tribunal they are obliged to provide alternative education in the meantime. If I then lose at tribunal and still don’t chose to send my ds to the school it’s at that point the LA don’t have to provide education as a judge would have deemed their choice of school adequate to meet my his needs. But for now whilst we go though the process they have said themselves they have to arrange education for him.

OP posts:
herculepoirot2 · 03/09/2019 10:16

While he is still on roll at his mainstream school?

Warwick82 · 03/09/2019 10:16

At present I’m in the position to home school him, at least until we’ve been to tribunal. What happens there after is down to a judge and then we go from there.

OP posts:
Warwick82 · 03/09/2019 10:19

Yes. The ehcp is finalised now but because I have the right to appeal the school named my ds won’t be added to the roll of the specialist school. Even if a judge down the line states the school is suitable he will only be added to roll if I agree to send him there and tribunal can’t order me to that. They simpler conclude if the school is suitable and can meet my ds’s needs. But I still then have the right to home educate if I wish to.

OP posts:
herculepoirot2 · 03/09/2019 10:20

It sounds like that is the best route, then. Keep him at home and go to a tribunal. Hope it works out for you.

Warwick82 · 03/09/2019 10:29

Thank you. If I’m anything I’m determined. I might not get the outcome I want but at least I’ve tired to get the best for my ds.

OP posts:
mummyrocks1 · 03/09/2019 10:32

Are the LA saying they won't pay for the specialist independent school and you can't afford it?

Warwick82 · 03/09/2019 10:38

Well their words were they can’t justify the amount it would cost to send my son there. So it’s my job to prove at tribunal why their school can’t meet needs and if I can the judge will approve placment at my choice of school.

OP posts:
herculepoirot2 · 03/09/2019 10:41

I can see their argument, OP. It’s a huge amount of money in a very tight budget. They think this school is suitable, so it is going to be up to you to prove otherwise.

butterflywings37 · 03/09/2019 10:41

Remember it's proving why their chosen school cannot meet need ( based on EHCP provision and outcomes) and why the school you have chosen can / keep it factual using the EHCP they created as the go to for the provision your son needs.

Tonnerre · 03/09/2019 10:51

You have to work on the mismatch between his needs and the school

No, OP doesn't. She needs her son to be in a school which is able to meet his needs.

herculepoirot2 · 03/09/2019 10:55

No, OP doesn't. She needs her son to be in a school which is able to meet his needs.

No, she does. The onus is now on her to prove that the school doesn’t meet his needs. You’re not helping.

Tonnerre · 03/09/2019 10:56

It sounds to me like your son has very high needs and the LA is doing the best it can within budget constraints

"Budget restraints" is not a reason that is legally open to LAs for failing to comply with their statutory duty to meet children's needs.

You were there for half an hour OP and you have built up quite a picture.

The fact that the school would only allow her half an hour is in itself pretty revealing. There will also be plenty of other information about the school available online.

butterflywings37 · 03/09/2019 10:56

When going to tribunal you have to be able to say why the school the LA want the child to go to does not meet need and the preferred school does. It is never about the 'best school' it is about proving why the LA chosen school is not suitable.

Hiredandsqueak · 03/09/2019 10:57

Does he have an EHCP (that's assuming you are in Engand)? Have you asked IPSEA or SOSSEN for support? Frankly LA's want the cheapest option, to get what is needed you have to fight and force them I'm afraid. Getting support will help you do that.

Tonnerre · 03/09/2019 10:58

OP, I think you've been wrongly advised when they say that the mainstream school has the responsibility to provide education until the tribunal hearing. If that school isn't named in the EHCP, it doesn't have any responsibility.