School acting unlawfully?

[emmapemma91]

My little girl started a new school Monday, she’s 6 and starting year 2. She has SEN and is waiting for assessment for possible autism.
Today she was only at school for an hour and I got a phone call saying to pick her up as they ‘can’t deal with her needs and she’s disrupting the class’.
Now she’s been put on reduced timetable, only doing mornings. Obviously I’m concerned about her mental health and how she’s coping but isn’t sending her home ‘unofficial exclusion’?. And should I call them out on this? They’ve said they’re going to need her picked up again tomorrow if she doesn’t settle. And it seems a bit extreme to put her on a reduced timetable after only 2 full days.

I will start the EHCP process soon but know the school need to use their resources to try settle her first, but it seems like they aren’t prepared.

[Sockwomble]

The other children are not a concern of the OP and shouldn't form any part of a discussion about her child.. 'Other children' is often brought into discussions to try to shut parents up and try to make them for guilty for pushing for their child's right to an education.

[MillieEpple]

I think you should just email and say 'thank you for putting in the PT timetable to support my child's mental health. Could you please let me have the re-intergration plan detailing what support you will be putting in place to enable her to access ft education and over which time period as i wasnt clear what was happening at the meeting as it was a lot to take on board.

[Poppinjay]

it is not an exclusion at all. It is a reduced timetable.

A reduced timetable is illegal if it is not agreed in advance with the parents and involves reviews and measures to solve the underlying issues.

A reduced timetable that is further reduced without consultation with the parents is illegal exclusion.

[emmapemma91]

@MillieEpple there was no meeting, I was just told this was going to happen when I picked her up early

[Glovesick]

justforkidslaw.org/contact-us/referral-form

Worth ringing their hotline, they are great

[MillieEpple]

It that case - ask for a meeting as 'it wasnt clear when you picked her up what was happening'

[AnneofbigCleeveage]

@Sockwomble other children may not be the concern of the OP but they are the concern of the other pupils parents and the school.

The other children in that class /yr group are equally entitled to an education without their lessons being disrupted with screaming and shouting . The needs of one child should not dictate the education of the many.

It is not ideal but resources are sparse in schools. This is ultimately a govt issue and lack of funding for TA's/HTLA's/BFL and SENCO's.

[AnneofbigCleeveage]

@emmapemma91 if you have "agreed " to a reduced T/T there must have been some discussion.

"there was no meeting, I was just told this was going to happen when I picked her up early"'

You were called to pick your DC up early due to specific behaviour issues and disruption in class, reduced T/T was discussed/ mentioned , you agreed. There was clearly a discussion. How could you "agree"
to a reduced T/T if it was not discussed?

[Ellie56]

@AnneofbigCleeveage in answer to your question -

From the IPSEA advice pages. The final paragraph on this page referring to case law:

"This case remains relevant to children with EHC plans and children with SEN without EHC plans. LAs have a duty to ensure all pupils receive a full-time education under s. 19 Education Act 1996. Schools cannot take unilateral decisions to place a child on a part-time timetable – this decision must be taken by the LA. ‘Part-time timetables’ are very likely to be unlawful exclusions."


www.ipsea.org.uk/f-t-v-the-governors-of-hampton-dene-primary-school-sen-2016-ukut-0468-aac

[MillieEpple]

Anne are you the HT at OPs school?
Trying to explain away not having done the fixed term exclusion letter for sending home a child due to behaviour/disruption and then justify a brief verbal discussion at pick up as the exact same thing as a proper re-intergration meeting with a support plan.

[AnneofbigCleeveage]

@Ellie56 IPSEA is not the local education authority.


"The School Admissions Code (published by the DfE in December 2014) (issued under Section 84 of the School Standards and Framework Act 1998) states that a child is entitled to a full time place in the September following their 4th birthday. In very exceptional circumstances there may be a need for a temporary reduced timetable to meet a pupil’s individual needs".

[AnneofbigCleeveage]

@MillieEpple "Trying to explain away not having done the fixed term exclusion letter for sending home a child due to behaviour/disruption and then justify a brief verbal discussion at pick up as the exact same thing as a proper re-intergration meeting with a support plan".


Op's Dc has not been excluded. Op's DC has been put on reduced T/T . This is why op has not been been provided with exclusion letter as OP's DC has NOT been excluded.

[MillieEpple]

Generally an exceptional circumstance is not 'we havent put any support in place so its easier if she only comes in for a little bit each day'
Op really needs to find out what is happening to support her child around that PT timetable.

[Sockwomble]

"The other children in that class /yr group are equally entitled to an education without their lessons being disrupted with screaming and shouting . The needs of one child should not dictate the education of the many."

Not relevant to the parent of the child with sen when the discussion is about their child's needs.

[Thisismytimetoshine]

@Sockwomble

"The other children in that class /yr group are equally entitled to an education without their lessons being disrupted with screaming and shouting . The needs of one child should not dictate the education of the many."

Not relevant to the parent of the child with sen when the discussion is about their child's needs.

Why isn't it relevant? Their child's needs have to be addressed with reference to the other children, not in isolation.

[Sockwomble]

Thar is for the school to deal with.

[Thisismytimetoshine]

It's all for the school to deal with. Making sure no child is actively disadvantaged.

[Sockwomble]

The parent's only responsibility is to their own child and ensure their child has an education.

[MillieEpple]

Well my school never rings a parent up asking them to take a child home due to their behaviour without doing an exclusion letter. Then the next morning there would a proper meeting to establish the PT timetable and support plan. We have a really good track record of supporting childen with needs and securing EHCPs and funding.

[AnneofbigCleeveage]

@Sockwomble No, but as i have said 3 times now, very relevant to the parents of the other children in that class. The school is responsible for not only op's child but the other children.

When OP's child is screaming and shouting and disrupting lessons then yes, disruption to other children is OP's issue. It is OP's child screaming and shouting and disrupting the lesson. It is the OP's child that school has to deal with and the OP's child that is disrupting all the learning time for other pupils.

Op does need to focus her concerns on her child, quite rightly but, other parents have a right to focus on their children too and can reasonably expect the school to provide a quiet learning environment for them also.

You cannot have a distressed child screaming and shouting in school. Op's child has not been excluded, OP's child was sent home due to disruption and in the best interests if the child and other students.

All this "its unlawful" wholly inaccurate and misleading to OP. The OP " agreed" to a PT T/T. The op should speak to LEA if not happy.

[Porridgeoat]

I would not accept this from the school. Your DD is entitled to a full time place. It’s better that things hit crisis anyway so that they get her the correct provision and support at speed. The more you do, the less impetus they have to sort things out.

[Sockwomble]

Again it's not the concern of the parents of the child with sen. If someone tried that with me they would be told that the meeting is about my child.

[Thisismytimetoshine]

@Sockwomble

Again it's not the concern of the parents of the child with sen. If someone tried that with me they would be told that the meeting is about my child.

What does this mean? .
Other parents are perfectly entitled to raise legitimate issues about anything that negatively impacts on their child!

[Sockwomble]

Other parents would not be at a meeting to discuss how a school is going to meet the needs of a child with sen.

[Ellie56]

"In very exceptional circumstances there may be a need for a temporary reduced timetable to meet a pupil’s individual needs".

While this may be true, it still has to be done properly - in consultation with the LA and parents. This isn't the case here (The OP was just told it was happening) so it is an unlawful exclusion.

And no, IPSEA is not the local authority. It is an organisation dedicated to giving parents legally based advice on all things to do with SEND backed by a legal team qualified in education law.