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.

"Nope, still her not her problem. The school needs to understand their needs must be met".

I think in this case the school have considered the needs of the other children and met them, hence the OP's DC was sent home. Whist i fully appreciate this has upset the Op, it would have been the best course of action available, not only for the child , based on resources available but also allowing the other pupils to continue their leaning.

As a prev poster has said , if the school will be unable to meet the the long term needs of OP's DC, they can secure an alternative provision. Keeping the child still on the sch role but securing a place for the child elsewhere, where their needs could be better provided for and a more comfortable learning environment.

Again, this is a fairly common occurrence. Children placed in alternative provision are much happier and more engaged in their learning. Outcomes are positive.

@AnneofbigCleeveage

"Nope, still her not her problem. The school needs to understand their needs must be met".

I think in this case the school have considered the needs of the other children and met them, hence the OP's DC was sent home. Whist i fully appreciate this has upset the Op, it would have been the best course of action available, not only for the child , based on resources available but also allowing the other pupils to continue their leaning.

As a prev poster has said , if the school will be unable to meet the the long term needs of OP's DC, they can secure an alternative provision. Keeping the child still on the sch role but securing a place for the child elsewhere, where their needs could be better provided for and a more comfortable learning environment.

Again, this is a fairly common occurrence. Children placed in alternative provision are much happier and more engaged in their learning. Outcomes are positive.

I didn’t know it was acceptable to just send a child home because the school finds it challenging. That’s shocking. OP has agreed to the reduced timetable but phoning her to collect her child isn’t acceptable in my book nor my experience of children with SEND. It’s different if a child is behaving out of character.

OP would you consider writing to the Head and copying in OFSTED with your concerns If you feel you were being treated unfairly? They usually act quickly to resolve matters when OFSTED are in notified.

Yes, the head can make the decision to have a child removed if they have concerns about pupil and staff welfare. However as I understand it, they should be in regular contact with the parent and provide work for the child to do at home.

As a "SEN parent" who has come out the other end, I don't understand why a year 2 child who you say has SEN doesn't already have an EHCP in place or at least in the pipeline. Even if you are awaiting a formal diagnosis there is clearly a need. I know it's not a magic wand and there will still be issues along the way but at least there will be some agreed support. Do your child a favour and request one!!

@Schuyler I didn’t know it was acceptable to just send a child home because the school finds it challenging.

Schools do not send challenging students home. Students screaming and shouting, disrupting lessons and distrsssing other Yr 2 pupils, yes. Some students will have never witnessed such. Sensitive pupils can be traumatised by such outbursts if they have not witnessed them before. Many young students have anxiety issues or perhaps witnessing issues at home. Screaming and shouting can be triggering and distressing for other young people in school , which is their safe place. Yes, in a class of 30 students and one is screaming and shouting , disrupting lessons and upsetting their peers, if no other resources available , student should go home.

If your child came home from sch, having learnt nothing due to class disruption and in tears/anxious due to behaviour they had witnessed at school. You would be happy to let that go? If it happened day in day out and in SATS week, affecting your childs performance and you were daily comforting an increasingly anxious child at home as they were witnessing outbursts everyday and frightened and then refusing school/school refuser as unhappy. You would let that go?

What a ridiculous and ill thought out thing to say!

It's not easy at all to get specialist provision for a child. We all know my DD needs it. Doesn't make any available for her. The LA's response to no specialist provision being available is it give her mainstream more resources but that doesn't solve the fact that the setting itself is the issue.

@AnneofbigCleeveage

It wasn’t every day though. this is brand new to the OP’s DD!

@starfishmummy I applied for one in year 1 and it was declined! I’ve requested another and this time I’ll appeal.

Some posters are acting like the OP’s DD has been disrupting for hours. This is a 6 year old who has moved schools and settling in. She only started about a week ago and she’s clearly distressed.
OP has acknowledged the DD needs a reduced timetable and has acknowledged sometimes children can disrupt other children but this young child has barely been given a chance. Many schools are fantastic with providing support to children with SEND but unfortunately, some are not. OP’s DD deserves a fair chance. It may not work.
Even with a reduced timetable, they are phoning her to pick up. I understand why OP is concerned.
She doesn’t need remarks about “think of the other children” when she has acknowledged that in some cases, children with behaviours that challenge do disrupt the education of others. We are talking about a week here and the child in question is also new to the school.

I have no skin in the game, I neither currently work in education nor have a child in education with SEND but these threads really get my goat. Compassion wouldn’t go amiss. This is quite a specific situation.

@emmapemma91

Sorry this has been such a difficult transition for your DD. Is she struggling with the change in school? What do you think might help her?

[quote AnneofbigCleeveage]**@Schuyler I didn’t know it was acceptable to just send a child home because the school finds it challenging.

Schools do not send challenging students home. Students screaming and shouting, disrupting lessons and distrsssing other Yr 2 pupils, yes. Some students will have never witnessed such. Sensitive pupils can be traumatised by such outbursts if they have not witnessed them before. Many young students have anxiety issues or perhaps witnessing issues at home. Screaming and shouting can be triggering and distressing for other young people in school , which is their safe place. Yes, in a class of 30 students and one is screaming and shouting , disrupting lessons and upsetting their peers, if no other resources available , student should go home.

If your child came home from sch, having learnt nothing due to class disruption and in tears/anxious due to behaviour they had witnessed at school. You would be happy to let that go? If it happened day in day out and in SATS week, affecting your childs performance and you were daily comforting an increasingly anxious child at home as they were witnessing outbursts everyday and frightened and then refusing school/school refuser as unhappy. You would let that go?

What a ridiculous and ill thought out thing to say! [/quote]
The fact is STILL illegal to do it without making it a formal exclusion with accompanying paperwork. The OPs school are BREAKING THE LAW. It puts them at risk of a disability discrimination case taken against them. In addition ofsted don't look kindly on illegal exclusions if the OP decided to inform them.

The exclusion paperwork is important OP - as it is your evidence that the school can't meet needs, if you need it. I would absolutely be informing the school that you will requiring the paperwork if they want you to collect your DD early again.

"There is a recurring theme of "my child has additional needs, it doesn't matter what the impact of those needs are on the rest of the class".

I don't think many parents of children without additional needs consider how their child's needs and behaviour impact on the children with additional needs.

An NT child's need for a rich environment can be a nightmare for some children with additional needs and the cause of some behaviour. For example.

And this is the reality for too many oarents of SEND provision.

Yes ALL children in the class have needs this child was sent home after one hour. How hard do you think the school really tried to meet the needs of this autistic child?

It speaks volumes to me.

My son is 17 now but the issues he faced are still going on despite he empty words of politicians and local authorities.

We had lots of issues in Primary which were dwarfed by all the rubbish in mainstream secondary. Thank God for special schools is all I can say.

And yes it's important this is raised as the next parent may work and really struggle if a school do this out of the blue,

It's an illegal exclusion and they need to put in writing why they want a part time time table. This needs to be shared with the local authority who will either see the additional needs or kick the school up the bum and remind them of their duty to this child.

They have to fund a certain amount of support. Instead they offer a part time timetable.

@emmapemma91 are the school helping you with the EHCP application? From memory when we did ours (out child was reception when we applied), the SENCO worked closely with us and the class teacher. We filled out a small part of it, they did the rest and we all agreed everything before it was sent for review. They did explain that many do get rejected but if you appeal most of the time they go ahead, so yes do appeal if it gets rejected again.

Does your daughter have a formal diagnosis (ADHD/Autism/SPD etc?)

@murgatroid "The fact is STILL illegal to do it without making it a formal exclusion with accompanying paperwork. The OPs school are BREAKING THE LAW. It puts them at risk of a disability discrimination case taken against them. In addition ofsted don't look kindly on illegal exclusions if the OP decided to inform them".

How many times!!!! The Op's DC has NOT been excluded! The OP's DC is on a part time time table that OP has agreed to.
No law has been broken and sch will have p/t t/t paperwork. Stop will your illegal exclusion.

Jeez!

OP, pls spk to your LEA as some of the advice on this thread is farcical!

She was excluded when she was sent home after one hour.

With no prior warning.

Hi OP, I am so sorry to hear that you and your child are going through this. Just wanted to add my 2 pence worth.

1. Reduced timetables must be agreed by the parent. 2. Do not feel under pressure to accept a Reduced Timetable...refuse this and dig your heels in. Speak to Head and / or SEND Governor if necessary and complain.

3. Reasonable adjustments MUST be made to support your DD. Ask your School/Senco for a list of adjustments that they have made /or will make for your child. 4. GET EVERYTHING IN WRITING ALWAYS - can't stress that enough. 5. Request a Statutory Assessment for your child - check out Special Needs Jungle for sample template letters.

Without knowing what the behaviour or additional needs are exactly, the school should give a reasonable period of time for your child to "settle" within school (i.e. not a couple of days!) particularly as this behaviour may be connected with transitioning from one school to another and the Covid situation has of course made things worse.

Request any behavioural incidences to be documented and shared with you. This can be documented via the "ABC Observation Approach", so you can see any triggers or patterns of behaviour. For instance, it may be the case that a child has a behavioural episode once a favoured activity has come to an end. A reasonable adjustment may be to have visuals/sand timer, etc, to show and prepare the child for a routine change. Or the child may require a safe/quiet area or sensory room if they require a break.

Wishing you and your DC all the best and let us know how you get on.

And then told to stay by the phone. Suggesting they intend to do it again.

Since LAs lose 90% of tribunals they can of course be totally trusted to be correct as far as the law is concerned. The OP is better off reading the SEND code of practice or contacting IPSEA.

And I wouldn't suggest OP get advice from the LA.

They wouldnt know the law from their elbow. Muck like many schools, who blindly follow the illegal local policies the LAs often come up with.

IPSEA or SOSSEN is the best place for advice.

Your local SENDIASS service might also be helpful.

Also bear in mind that it doesn't matter if you agree to collect her early, or agree to a part time timetable. If the school havsnt followed proper procedure and filled in the paperwork it is still ILLEGAL. Parental consent is irrelevant.