stop DS from going to mainstream school despite EHCP refusal

[number46]

Sorry long story. EHCNA refused after a 5 week evaluation from LA
Current school is driving him nuts. We hoped that with an EHCP he could get a place in a specialist ASC school, or EOTAS. That won't happen any time soon at this rate. We're appealing but I fear for his life/education/self esteem if he stays longer in current school. Appeal/tribunal likely to take months, maybe a whole year?

What happens if he just stops going in?
I don't want to opt for EHE which would mean we're on our own. He needs specialist support for his SEND. Current school won't offer any home tuition.

If he stops going in after 15 days we start getting fines right? Will he be automatically de-registered? If so then what? Social workers and maybe a prison sentence?

The LA does have some tutors for home schooling but I've got no idea how to access them. Will going rogue and keeping DS off school accelerate useful response from LA?

That sounds so stressful

did They say why it was refused?

Are you appealing the decision? DS2 had his EHCNA turned down at first, but after we appealed it went through. Re fines etc that probably depends on your relationship with the school and the reason for non-attendance... there can be a element of flexibility, but you need to be on the same page IME. Is he starting to school refuse (hate that term!)? Or are you thinking of keeping him off yourself? I think schools/LAs would view those two things differently. Good luck with it all; it's bloody hard work!

EHCNA was refused because they say the school should have more time to apply EP recommendations. The recommendations don't go far enough I think and don't really address the SEMH issues. It would just mean he's punished less often because of how his SEND issues affect his work. It won't change the way he's taught or the environment he's in. I doubt that the school could actually follow the recommendations consistently anyway and I don't want wait and see for another year while he's suicidal. He's in Y8 btw.

Also, get in touch with SENDIASS, or whatever it is called in your area (SEND information and support service), if you haven't already. I think it can vary a bit from area to area, but our local one is great for impartial advice and support.

He doesn't want to go to school, he hates it and is miserable all day, but is just as scared of getting into trouble for not going in. Of all the 'catch up' work he'd face. So he's not actually refusing. He's just suicidal because he does go in.

@Sleepthief how long did your appeal take?

Can you get a medical professional to say he's currently not well enough to go to school? If so, you may be able to access hospital school or alternative provision for him in the short term.

I know this isn't necessarily possible, but it may be your best solution.

School don't have to fine you, and usually won't in genuine cases of school refusal where you are working with the school.

Are there any mainstream schools around you which might work better?

It was a couple of years ago, but from memory we had to go through some kind of mediation service - more of a formality, really - and then the LA had three weeks (I think!) from receipt of the appeal documents to make a decision. Something like 90-95% of appeals go through. The details of how to appeal should be on the rejection letter.

It's definitely not worth your son's happiness and well-being forcing him to go to school. I would speak to your GP so there is a paper trail of evidence that his mental health is suffering. I think once he's been off for 15 days the school has to inform the LA, but don't know about fines or support because it seems to be a complete lottery!

Sorry not to be more helpful. My DS2 has been unable to go to school since January. We haven't had any fines or threatening letters from the school, but equally we haven't had any work sent home or very much support. His EHCP is being reassessed though, and we are looking at Autism specialist schools for him... We still have to fight for everything, but an EHCP gives a bit of a leg-up!

What area and is he under CAMHS?

There's a FB group called Not Fine in School, I think - they might have some advice more tailored to your LEA. I feel for you and your boy. Have you checked the IPSEA website for advice as regards legal implications of keeping him home?

He is under CAMHS, we're in London and no, he won't consider any of the other mainstream schools and I don't see how any of them would be better anyway

I've been in a similar situation from the other side as a form tutor. What happened was:

• Parents phoned in and explained the student was not coming to school for mental health reasons. We checked in with them, and after about a week asked for any medical evidence for this. Parents also asked for a referral to CAMHS which we completed.

-After a few weeks, a meeting was arranged, between school staff, parents and the student, the aim was for the meeting to be supportive, and offer strategies to get the student back into school. A reduced timetable was agreed (this is what the parents/student wanted to try).

• The reduced timetable and other measures somewhat worked. The CAMHS referral went through and the student had some sessions with CAMHS who unfortunately said they should be aiming to return to school and discharged.

• Because of what CAMHS had said, there was no ability to provide home tuition or similar, because this can't be funded. We were able to link the family up with some other services and persevered with a reduced timetable. The family decided to pursue a private ASD diagnosis.

-At times the reduced timetable didn't work, so we'd meet again, try a different strategy and so on. We were very clear unfortunately we weren't able to supply work to do at home, etc BUT we equally never went down the route of fines etc. At one point I think we re-referred to CAMHS.

I don't know if any of this helps, because it didn't lead to a "solution" but in terms of your worries about fines, de-registration etc, if you are actively working with the school, this won't happen. Ideally, you'd get a medical professional to say he can't attend school right now for mental health reasons- that would really help in the short term.

The school should work with you to try and get him back to school.

What adjustments would you want if there was an ECHP?

I'm in SE London @number46 if that's your area at all?

Definitely appeal the decision and get CAMHS involved - if he's under their care already that must add weight to the request for assessment!

@MoMandaS thanks for that facebook group - I'll join

@Postapocalypticcowgirl thanks for sharing your perspective, to be honest the whole ethos of the school means it will never suit DS. I don't see any adjustments they can make that help him. I was hoping that an EHCP would let him join a special school with small class sizes and a a focus on supporting neuro-diversity. We've got an 18 month history of talking to GP and referral to CAMHS and private diagnoses and SPLD diagnosis from school. I think the school acknowledge it doesn't suit him, and good intentions from some individual teachers and SENCO can't really change that.
I know SEN funding is in a crisis, but I have a responsibility to protect my son.

Could you home school the child? If not if your child does not attend school you will get fines.

Do appeal the EHCP refusal, the vast majority of appeals are upheld. Is it a refusal to assess or a refusal to issue? The former are mostly paper based hearing so quicker. Consider whether you need independent reports. If you do and aren’t eligible for legal aid contact Parents in Need as they can sometimes help fund them.

Don’t bother with mediation, just get the certificate and submit to SENDIST. LAs often use mediation as a delaying tactic, if they are going to concede they will do so regardless of whether you actively partake or just get the certificate.

Whatever you do don’t deregister. Parents often find it easier (although not easy) to get support when on a school’s roll even if they can’t attend. Crudely, you are someone’s problem, whereas if you EHE it is easier for others to sweep DC’s needs under the carpet. If DS can’t attend school full time, including because of his MH &/or SEN, the LA must provide alternative arrangements under s.19 of the Education Act 1996, but if you EHE you relieve the LA of their duty. If DS isn’t able to attend school and you appeal to SENDIST let them know DS is out of school as phase transfer appeals and those for DC out of education are prioritised.

If DS can’t attend school because of his mental health the absences should be authorised unless the school have genuine doubts over the authenticity of the absence.

I second IPSEA, also look at SOSSEN. Be careful with SENDIASS some are good, but too many repeat the LA’s unlawful policies.

Thank you @FloatingBean
They refused to assess! They didn't even contact his CAMHS worker. I guess they are buying time ?

From what you say encouraging DS to go to school is actually harming his case. Our appeal will be faster if we don't send him to school. I don't see what we've got to lose.

I've spent the whole week trying to get additional assessments. Most people turn me away because we've already got a lot of assessments. I'm trying to add an OT assessment.

Have you researched any specialist schools that could be suitable. You can contact them and ask the best way to try and enrol your son. Nobody will do this work for you I’m afraid resources are too scarce.

Refusal to assess appeals normally aren’t as long a wait as refusal to issue and content/placement appeals as they are mostly paper based. The threshold for an EHCNA is relatively low - a) has or may have SEN, and b) may need SEN provision to be made via an EHCP.

Encouraging DS to attend if he can isn’t necessarily harming your case. Appeals for those out of education are prioritised because it is recognised they need to be heard quicker, same for phase transfer appeals, but the threshold to be upheld is the same. If DS can’t attend though the LA must provide alternative arrangements. And sometimes pushing DC to continue to attend is harmful to them and traumatic.

Think about submitting SARs to CAMHS, school and the LA to gather evidence.

For OTs you could try: Aniesa Blore, Melinda Eriksen, Diana Pierags, Moyna Talcer, Dr Helga Abernathy.

We ad a needs assessment declined and wen to mediation then I out an appeal in. About 48 hours after submitting the appeal the agreed to assess. I think often they just buy time.

@FloatingBean I'm still digesting your responses here.
Thank you so much for your input! I especially appreciate the OT recommendations and the suggestion to create SARs. I'll be doing that this morning 🙏

I think you're going to have to explain all of your acronyms if you are going to post in a general forum as I have no clue what they mean.

But in general terms, I wouldn't have thought you have the "right" to send a child to a special school, or a school designed to accommodate specific educational needs if you have no agreement or anything official stating that your child has those needs.

I hope it helps, OP.

Knittingneedles the acronyms used are commonplace in the SEN system,
EHCNA - Education, Health and Care Needs Assessment
LA - Local Authority
EHCP - Education, Health and Care Plan
ASC - Autism Spectrum Condition
EOTAS - Education Otherwise Than At School
EHE - Elective Home Education
EP - Educational Psycholgist
SEND - Special Educational Needs and Disabilities
SEMH - Social, Emotional and Mental Health
CAMHS - Child and Adolescent Mental Health Service
OT -Occupational Therapy
SpLD - Specific Learning Difficulty
SENCO - Special Educational Needs Co-ordinator
SAR - Subject Access Request

presumably if you don’t know the about the topic the OP is posting about the thread isn’t aimed at you and you either scroll on by or quietly read.

*Educational Psychologist