School and LEA

[Nightdresslayer]

My dd currently not in school due to bullying, which has given her extreeme anxiety. It's been 10 days and she's adamant on never returning. I'm currently applying for new school. I've contacted LEA as far as I'm aware they have legal duty to offer alternative or interim education after my dd has been off for 15 consecutive days? They are saying current school is responsible? So I'm stuck. Not sure what to do for best

The LA are correct in saying her current school should be providing an alternative (remote learning, for example) while she is out of school - the LA don't really have resources to provide this.

I believe the 15 days is without a school place.

I contacted the LEA and the school I wanted DC to go to and they told me they had a space so the move was done in a couple of weeks

Everyone just had to sign the forms etc

It was a secondary school and DC did have to drop a subject and take up a new one but we didn't care and DC was fine

So be proactive and call around the schools she could go to

Where is the school based? (England, Scotland and Wales have different processes) In Scotland it'd be down to you to contact and look around schools and approach the LA to make the change, we're currently going through similar!

I thought the LA had to offer "alternate provision" ? I don't know the details and I know it often isn't quick but people get packages of tutors or time in alternate provision l sites?

I'd like to know more about how this works.

Current school should definitely be sending work

If it's secondary then they can send their PowerPoints

If it's primary then it's just basic stuff they can direct you to

I'm currently going through an appeal process for another school.

Can you request a managed move (an agreement between two heads) for your daughter to move to another school.
If she is missing 15 days or more then the school should be letting education specialist team aware and could do a referral to education access to allow for alternative provision, or online learning until a suitable placement is sought.
Have you been through the schools bullying policy to make sure they have supported as per the policy?

Yes, They have but its too late, the damage has been done and she's adamant she won't go back. These boys have been bullying her since she started in year 7. The school have said they want rid of these boys but that it takes time. I just really need help with the LA'S legal responsibilities.

Under section 19 it is the LA responsibility to make educational provision for any child unable to attend school whether because of illness, exclusion, or otherwise. LGO in their report "Out of school Out of mind" determined this responsibility on the LA kicks in after fifteen days. However getting the LA to meet their statutory duty is no mean feat. School should inform LA that child is likely to be absent for 15 days but schools tend to be reluctant largely because LA'sinsist that schools fund the first thirteen weeks of alternative provision. You can try the LA formal complaints process or speak to SOSSEN regarding a pre action protocol letter but chances are your child will be in a new school before you manage to get any provision from LA in place.

If you’re in England, take a look at IPSEA’s model letter for requesting alternative provision under s19 Education Act 1996 and other info:

https://www.ipsea.org.uk/asking-the-local-authority-to-arrange-alternative-education-model-letter-22

https://www.ipsea.org.uk/getting-temporary-education-put-in-place

We are in England

Unfortunately, what should happen rarely does.

You're unlikely to get alternative provision after 15 days.

The current school may not send work home as they will say your DD should be in school.

Your best option is to find a new school that will take her ASAP.

No, they have to arrange appropriate education. Often, this is expected that the school make adjustments and more support to make the setting appropriate. It does not state they must provide alternate provision.

So when does "alternate provision" kick in?

You are best concentrating on finding another school.
The LA mess about when providing alternative provision even when there is an obvious legal duty to provide it - ie child has been permanently excluded or child with ehcp has no named school.

LA's are required to make educational provision under section 19 not alternate provision so it could be that they tell the school to send work home. Dd has had provision under section 19 two or three times, here that means they send tutors to the house, she has an EHCP so it is "easier" but it has taken formal complaints and LGO intervention on occasion and it took months of absence and her being signed unfit for school to force them to do so.

Gosh that's rubbish isn't it. I've from across (through work but not my job at all hence the curiosity) people that have say 12 hoirs funded at a horse based therapy or an alternate provision centre. I have no idea how they get it! It's a very broken system.

Hope your dd is okay at the moment. It's such a tough fight.

School sending work home is unlikely to meet the requirements of suitable education.

”With regard to the expected standards of alternative provision, the guidance states that it should:

• aim at good academic attainment on par with mainstream schools in key subjects (English, maths, science and IT with the appropriate qualifications);
• identify and meet the specific personal, social and academic needs of pupils;
• aim to improve a pupil’s motivation and self-confidence, attendance and engagement with education; and
• have clearly defined objectives including future options of education, training or employment.“

This report referenced earlier tells you exactly what should be happening

https://www.lgo.org.uk/assets/attach/6271/FR-Out-of-School-F.3.pdf

Completely agree that it doesn't meet requirements but what is required and what you can force the LA to provide are a different matter. Dd has had out of school provision, can't say it was particularly impressive, we had a run of playing Scrabble twice a week, for many weeks, with one tutor. I've also pressed complaints and had about £8k in recompense.
OP's child has been absent ten days, LGO won't even consider even looking at a complaint regarding lack of provision until twelve weeks have passed since complaint was made and even then they will happily grant the LA another six weeks to respond. Yes you could try threatening Judicial Review but you are looking at at least £250 for the pre action protocol letter and it's neither quick or inexpensive if they don't back down at the PAP.

Dd now has a very comprehensive and expensive EOTAS package, before that she attended an expensive independent specialist school. She was largely out of school whilst waiting for Tribunal to secure the school and then EOTAS. Having the EHCP at least brought options when she could no longer manage mainstream.

Why an appeal process for a move? Id there no other localish schools woth places for an inter year transfer?

Have you contacted other schools yet ?

Do they have a place for her or not ?

If they don't then the LEA can't magically create one

But you do need to be proactive and contact the school, speak to the HoY fur your DD year group and find out asap if they have a space for her

The LEA will then sort it out within a week

But you need to to be proactive to move things quickly for your DD