To expect school to constantly supervise a violent child?

[SuzieBHappy]

Sorry for length of this, will try not to drop feed.

Uk - state primary school.

It has come to light that my 8 year old (autistic) son has been being constantly assaulted by someone who in his mind was his friend, let’s call him Bill.

For context, Bill is a child who lots of parents have raised concerns about. Lots of general hitting, swearing, mum not receptive at all to discussing anything and is ‘that mum’ who always drops and leaves at parties,

It was along the lines of ‘if you don’t do X I will kick you’. DS, being autistic, is quite fixated on rules, so often wouldn’t follow the instructions and therefore ended up with so many bruises I nearly took him to GP as I was concerned he had an underlying health condition. He isn’t a particularly physical or sporty child so the bruises really confused me, but DS wouldn’t tell me where they were from and school were clueless too. DS behaviour also changed, calling himself ‘the destroyer’, he was just way more ancy at home, and on two occasions DS attacked other children at school (one provoked, one unprovoked). This all went on for about 18 months of me trying to work out what on earth was going on and not getting anywhere.

Anyway eventually an incident happened and my DS told me everything. We explained that he doesn’t need to do what Bill says, that as soon as these threats or assaults happen he needs to tell his class teacher. We explained to DS that Bill really isn’t very nice and he is best to stay away from him. I met with the safeguarding lead and talked it all through in detail, and school agreed to separate them for a while, while they worked on the behaviours with Bill. All the while school implied it was all isolated, that it really wasn’t Bill’s nature, even know I know that is BS because I have heard of lots of other incidents as am friends with quite a few of the mums. But I went along with their claims as if I believed them at the time, for peace sake.

Anyway - It worked, and DS has literally changed into a different child / back to his old self. Haven’t heard him call himself the destroyer at all since, he is sleeping way better, huge huge marked change. DS has fully decided that Bill is ‘bad news’ and stays away from him, but isn’t unkind to him.

However, Bill is still friends with DS friends and therefore these incidents still occasionally happen. Have just looked back over my notes and it is tending to be every 6-8 weeks that my child is still getting attacked (both being hit / pushed / sworn at etc etc), two physical assaults since it all came to light.

Today Bill also attacked (strangled / head-locked) an unrelated 5 year old very quiet child.

On both last three incidents that we know of (two involving my DS, plus today 5yo), no adult has seen what happened so there is confusion as to how serious it was (was DS pushed or kicked. How did DS end up on floor etc etc).

So my ‘AIBU’ is - is it ok to question (again, I have raised before and not got an answer And so has at least one other parent, so will potentially need to escalate to head teacher and then to governors if want to persue) why this child who clearly has violent tendencies is being left unattended at playtimes. Or is it just unrealistic to expect school to constantly supervise and I just have to accept that my child will continue to be attacked ‘occasionally’ and continue to be terrified of this child? I am fairly sure constant supervision will be the only way to fully ensure that this doesn’t happen, and I know Bill currently doesn’t have any higher needs funding or a one-to-one or anything.

so…

yabu - ‘that’s life, DS will just have to toughen up, and we will have to continue to liaise with school for each incident, which thankfully are less frequent than they were. It’s not realistic to think that school can completely stop this.’

yanbu - this isn’t acceptable and I am being gaslighted by school into thinking that I just need to accept this as normal child issues. Bill needs to be constantly supervised at all times for other children’s safety and wellbeing. Get together with other affected mums if needs be to prove to the school that we are fully aware that they are not in any way isolated incidents and push for constant supervision of Bill.

I have a really good relationship with the school, and am really aware that going in all guns blazing will be really unhelpful in future if my ask is just totally unrealistic.

assessment times are usually way over, 1-1 isnt enforced or supplied.

If 1:1 is detailed specified and quantified in F it can be enforced. As can breaches of statutory timescales. Parents should be supported to do this rather than accept unlawful behaviour.

The LA’s duty under section 42 of the Children and Families Act 2014 is absolute. This was reiterated by the courts in a case involving Hampshire earlier this year. Despite lack of funding, resources or staff often being cited as reasons why provision can’t be provided, they are not lawful excuses for failure to provide SEP detailed, specified and quantified in F.

When faced with enforcement action, it is surprising what LAs can do when they have previously said it isn't possible. With the right funding (the LA must fund the provision at a rate it can actually be provided and can be forced to), potentially substantially more (one case I supported is funded at the level of the teaching MPS and many, many others at a much higher rate than the normal TA/HLTA rate - higher wages, potentially much higher wages, attracts more applicants), and effort (LAs often only start taking parents seriously when they see parents know the law and will advocate and enforce DC’s rights) an appropriate appointment can and is made in the majority of cases. Where it isn’t, enforcement action itself will solve the issue as Hampshire found out.

As I said, “Not all systems or LA would accept logs from nursery” is a blanket policy if LAs or systems are saying they won’t accept evidence from nursery. Evidence from nursery absolutely can meet the legal thresholds.

In all EHCP / 1:1 situations the school funds the first 15 hours of support time (so half the funding if full time). The process to get an EHCP is very long, lots of professional assessments (eg ed psych reports) and each initial application will take the senco and teacher about a day each of writing / pulling info and evidence together. Then there is the decision making from county. The process is immense.

That said, violent behaviours should not go unpunished. Sanctions such as not being allowed out at play time for a day / week should be in place. Schools should be applying their behaviour policy and applying it to all children. Each child should go to school feeling safe; sadly this is not the case.

I didn’t know about the first 15 hours. That’s terrible

Ultimately, the LA is responsible for ensuring the provision in EHCPs is provided, that includes ensuring there is sufficient funding. EHCPs can be fully funded but LAs won’t do this unless forced.

All schools must make reasonable adjustments including to their behaviour policy where appropriate.

Exactly how can they not accept evidence from nursery, my son went to,a mainstream nursery and started reception in a special school, his main evidence was from nursery although.it was just a few weeks before the SEND reforms, in 2014 so he was issued with a statement initially untill he was tranistioned onto an EHCP.

I know! So many people make the assumption that 1:1 is fully funded. It is justified because each school is given a SEND pot of money from their local authority. This is meant to cover any interventions / resources / professional support etc. of your school has a high % of SEN you may fall into a bracket that gets a little more money. Nevertheless, as you can imagine it is never enough because council budgets are broken. It really is very difficult.

SEN provision is in crisis due to funding and LA's budgets being decimated. As per this article, it's a vicious cycle. Getting an EHCP is virtually impossible - in our LA they are routinely refused on first application, and often won at appeal. It requires the skills, time and money to appeal which then drives inequalities in provision even further.

Parents and carers in Buckinghamshire say they have been told that the local authority will no longer accept applications from schools to fund special educational needs provision unless it involves pupils with an approved educational health and care plan (EHCP).

https://www.theguardian.com/education/2024/oct/08/special-educational-needs-funding-england-schools-send

We are at the start of the process. He’s been with us four weeks. What we don’t have is the money for extra support right now.

That's very dangerous!!!!!

The school have duty to protect your child and other children from Bill's behaviour. Go from your child's (or other children's) point of view. It's not your business to question what the other child's needs are or "why the other child is left unattended". Your child is being hurt at school. This is unacceptable and the school HAVE to take measures to stop it. If they do not, the governors and then the LA and Ofsted need to know that they are majorly failing in their duty of care to your child.