Schools reduced my 4 year old sons hours please.help any advice appreciated.

[Katem1981]

Hi
My 4 year old son started school in September he was 4 in May so one of the younger ones. The settling in play days were an hour for two days. Without discussing by the end of the second one the teacher had decided my son could only manage an hour each day as he was anxious. He displayed some aggressive behaviour more frustration I believe and smacked out at a teacher which I was mortified about. He does not display this at home naughty yes agressive no.

He was at nursery from the age of 2 and although he said no a lot he never displayed these actions towards any member of staff we never had a problem. He did a whole full day there once a week and from 9.15-12.15 the other days.

After a week of doing 9-10am I asked for a meeting with senco which we had they explained that they had applied for extra funding for my son as he had social needs. This is all fine if it helps him. Fast forward to today when the 1:1 starts he is still doing till 10.30 and they say as he has shown agressive behaviour they can't up his hours. I feel he is missing out of so much and being excluded. Next monday I have a meeting with the senco to put some goals in place. They just don't listen to me when I say the longer they reduce his hours the harder it will be to settle him. The 1:1 is only employed up till lunch time each day till March! That's not enough time to support my son I just want him to go to school like all the others. His nursery teacher told me all the time how bright he was Im so scared he will fall behind. I'm also 34 weeks pregnant struggling and just could do without all this. Any advice would be appreciated. Sounds like I'm overreacting but its really getting me down and my son now knows all he has to do is ask to come home and the teacher will say he is displaying anxious emotions. Also to add fuel to the fire yesterday afternoon sunday I got a text message to say it was school photos today,nothing was mentioned today when I picked him.up so I take it its something else he has missed out on.

Probably best to get this moved to the SEN board as the posters there are very knowledgeable.

He has a statutory right to a full time education ,I think you need some independent advice ,in my LEA we have an independent advisory service ,for these issues ,schools cannot just decide arbitrarily to exclude him ,,are they applying for an EHCP.

You son is entitled to a full time education and this is not on. He is being discriminated against due to having special needs. If he is aggressive that is what the 121 is for and if they are needed all day then they are needed all day. I would ask them if they are able to cater for his needs and consider ringing around other local schools to see if they would be able to offer him better provision - some school are much better equipped for SN kids than others.

This from the enquire (Scottish) website but I expect the UK would all be similar:

The law says that “pupils are to be educated as far as is reasonable in accordance with wishes of their parents.”

If the school is suggesting your child attend part-time they should ask you if are happy with this arrangement and involve you in planning. If the school is saying they are unable to have your child full-time and you do not agree with the idea of part-time attendance, the school must follow formal exclusion procedures in order for your child to be out of school. There are only very specific reasons that a school can exclude a child, our pages on exclusion set these out in detail.

I don't know though if the fact that he isn't 5 yet makes a difference - not sure if they don't have to take him full time until then. I would speak to your LEA and see what they have to say. It's not fair that he is missing out on his education so I hope they can help.

He's being unlawfully excluded and has the right to a full time education. In England your LA has to have a Local Offer and SENDIASS. Look them up online and book a call for advice.

Try IPSEA for more information on your rights and his right to an education.

You can refuse to collect him at 10:30 unless the school are making an official exclusion and reports that properly to the LA etc. I would suggest that you simply refuse to comply with this plan and insist that your son gets a full time education from this week.

Yes to getting this moved to the SEN boards too. You'll get great advice there.

Have a look on your LEA "local offer" for special needs ,there should be a list of places and numbers that can help

What the school are doing is illegally excluding DS. Inform the school in writing DS will be attending full time and you will not be collecting him early unless you are given formal exclusion paperwork. Follow up all verbal conversations with emails so you have a paper trail. Part time timetables such as this are illegal whether or not parents agree. They are only legal if they are short term and aimed at reintegration - doing only 1hr30 after half a term suggests this isn't the case.

Also, apply for an EHCNA. IPSEA have a model letter you can use. IPSEA and SOSSEN are charities in England similar to Enquire for Scotland, there's lots of helpful information on their websites and they have advice lines.

I second asking this to be moved to either the SEN board or the SN section.

Its really worrying that a four year old hits a teacher. I agree with getting an assessment. The school doesn't seem to be doing anything very positive to improve the situation except cut his hours. Does this statutory right to an education not apply only to over fives. Because you don't need to send them to school legally till after their 5th birthday AFAIK. Not quite sure.

Just because DS isn't 5 yet doesn't mean the school can unlawfully exclude. However, it does mean there's no requirement for the LA to provide alternative education for pupils below CSA who are excluded.

Schools can not put him on a part time timetable without your agreement. It's against the law.
Saying that, it is really hard to stand up against the school in most cases.

Ask the senco exactly what the issues are, and what they are doing to support him. What will the 1-1 achieve? What activities with they actually do with him?
Do you believe he has additional needs?
If they are unable to support him full time with the funding that all schools get for SEN, they will need to apply for an Education Health and Care plan. But get this underway ASAP, it takes at least 6 months (statutory time limit is 20 weeks but most local authorities miss this by miles, especially nowdays)

And do post on the SEN board, there are so many people there who can help you.

As he is under compulsory school age, this gets a little bit more tricky (full time education is not compulsory). Can you get in touch with the Inclusion Team from your LA (look on the local offer on line, every borough has one. Also contact your local IASS. Consider applying yourself for an EHCP- it seems they are suggesting he is autistic. Others are right that a part time timetable is consider an unlawful exclusion, but it is complicated by the fact that he is not yet 5.

Even if he is not yet 5, ask them to apply for the EHCP, as it takes a long time to process. If they won't, you can apply for one yourself, but you will need lots of evidence that he has needs that the school can't meet. Keep everything the school sends you, get them to e mail you so you have it in writing, Ask for exclusion paperwork every time you collect him early.

DS being below CSA doesn't complicate it from a point of view it is an unlawful exclusion, only that the LA does not have to provide alternative education to pupils who are excluded.

OP do apply for an EHCNA as well, the threshold for assessment is relatively low - a) has or may have SEN, and b) may need SEN provision to be made via an EHCP. If the school can not cope with DS full time you meet that threshold.

Whichcatthathat even if parents agree it is unlawful. You can threaten to begin Judicial Review proceedings if the LA breach the statutory timescales, that usually makes the LA move quicker.

Im not an expert on this but I wouldn't want a formal exclusion for a child aged four. In any case doesn't sound to me remotely like this would apply to your DS. Maybe he is a bit young for a long school day if he is struggling. I think I would try and work with the school building the time up.

It sounds as if your child is not being excluded from school but is on a reduced timetable. The school are obviously concerned about him and seeing as he has only been in school since September and they have put this in place along with a TA is very quick-which is good.
It is better for him to be in school for less time but with a more positive experience to build him up to staying longer than be in school for full days and it not go well.
Having a 1:1 ta comes with its own advantages and disadvantages and does not solve all issues.
The school will have to fund this themsleves until they get the additonal funding. An EHCP takes a long time to gather all the relevant evidence for it to be successful and the school will need to show that they have tried as much as they can to support him.
I would go unto school, speak to the SENCo and see what there plan is to increase his time in school over the next term. What strategies are they putting in place? They should be getting the Ed psyh involved as well.

I’d definitely contact IPSEA for advice as it sounds like an illegal exclusion www.ipsea.org.uk/pages/category/exclusion-from-school

I’d also be chasing school to see what the plan is to get him into school full time and with the correct support in place,

Viviennemary the benefit of making the illegal exclusions formal is you can then a) challenge them, and b) it provides evidence for gaining additional support.

Tigerlily1985 in this case the reduced timetable is unlawful and is an illegal exclusion. The only lawful threshold for an EHCNA is that I posted above, anything else is unlawful. Case law shows it is even possible to secure an EHCNA when the school could do more but won't. The school won't be funding all the cost of the 1:1, OP posted the school applied for extra funding (sounds like high needs top up funding).

Reduced timetables should only ever be a temporary measure and should have a goal in sight.
This refers to Herts but I’m sure all LAs have similar. Find the one that relates to your LA and ask the school to fill in the paperwork so that you know your child is known to the SEND department.

www.hertfordshire.gov.uk/microsites/local-offer/media-library/documents/not-currently-linked-to-on-lo/senco-guidance-part-time-timetables-for-pupils-with-send.pdf

I think Queen Mary are running a specialist special needs and exclusions project and are giving free legal advice. It is worth formalising an exclusion, as in itself is showing a school cannot meet need and it is also potentially disability discrimination - no other child is presumably on a part time time table.

Judicial review is worth considering - sossen are good for that.