School attendance - is this allowed?

[UndertheCedartree]

My DD is in Y7 at mainstream secondary and is autistic and very anxious.

HOY keeps chopping and changing plans for my DD with no consistency or communication. Essentially, on my side of it school are just making things worse.

As an example today there is a Reward Trip for those with over 100 achievement points and less than 8 behaviour points. My DD has 130 achievement points and 0 behaviour points but has been excluded from the trip as they felt they would need to send an LSA which they didn't want to. At our last meeting I expressed how unhappy and left out she was feeling as all her friends are going on the trip and naturally excitedly chatting about it at school as well as out of school. I was told by her HOY that they were planning a Reward Day at school for those who met the criteria but couldn't go on the trip for whatever reason. I've been asking for information about this but only been informed this morning that they decided to not do the Reward Day in the end!!

Her HOY has now decided to implement a new plan - I've not agreed with any of it as I find it inappropriate but the specific thing I wanted to ask about is his plan for me to bring DD in the morning and if they can't get her into school within 5 minutes I have to take her home. Presumably if I bring her in they can mark her as in on their attendance figures, but don't have to bother with giving her an education. Apparently I should then bring her back for afternoon school and if they can't get her in within 5 minutes I have to take her home again! So their attendance looks great but my DD gets no education. Is this allowed?

Has she got an EHCP?

No, she hasn't. She got her autism diagnosis in January this year. School said she doesn't need/won't get an EHCP as they can meet her needs.

No I don't think that's allowed. Not letting her go on the reward day could also potentially be vlassed as disability discrimination.

Does she have an EHCP? If not I suggest you apply for one. You can apply directly as a parent if the school say no. Many schools try to avoid EHCPs for various reasons but it sounds like your daughter could benefit from one.

How much school is she missing? The "not fine in school" Facebook group has a lot of helpful information.

You have my sympathy OP. Secondary School for autistic teens is often very difficult.

If they can't get her into school then that's not meeting her needs.

If she'd not managing to get into school and school are excluding her from trips because of her SEN, then they are not meeting her needs.

I would strongly suggest you push for an EHCP. I have a 16 year old autistic son and his EHCP has been invaluable. You may have to put up a bit of a scrap for it, but she clearly isn't coping as well as school suggest and she needs some set guidelines in place.

They clearly can't meet her needs if she's not allowed to join trips because she needs a dedicated staff member that they can't provide, and they want you to take her home if they can't get her into school in 5 minutes.

That's pretty much the definition of not meeting her needs, surely?!

I'd be saying the words 'discrimination based on her disability' loudly, often, and in writing OP. Let them know you're not going to blithely accept them excluding her because she's disabled.

You can apply yourself for an EHCP.

They clearly aren't meeting need (this also isn't the criteria for an EHCP either, it is simply "whether the child or young person has or may have special educational needs (SEN)"

Apply for the EHCP yourselves, ours was a parental request. Not allowing her on the trip is also disability discrimination.

This doesn't sound like the right school for her! Please contact IPSEA or your local SENDIAS for more advice.

Her attendance is 75%. Unfortunately, I have the added complication that since she had Long COVID she catches everything. She had tonsillitis but after it cleared up she was left with post-viral fatigue. The GP said it is common to get post-viral fatigue if you have had Long COVID. Then we recently all had Whooping cough.

I'll have a look at that FB group, thank you.

This is blatant disability discrimination. Time to complain to the governors

We applied for a EHCP ourselves.. didn’t wait for school. One of the best things we did

Yes, thank you, it isn't is it?

The HOY has very fixed ideas. Essentially he sees me as the problem. She is too attached to me and once she is in school 'she is fine.' Other members of staff have told me that she isn't fine, though.

Ok, thanks for the advice, I'll look into that.

I'd seriously consider if this school is right for her OP -even if you succeed in getting an EHCP. From your posts, it sounds very poor.

I see what you're saying. I hadn't quite realised this. I absolutely will not allow this to continue.

The school trip, I understand, but they should have done something else for her instead.
I don't understand the 5 minute thing.How does that help their attendance figures mote than if she goes home?

Have you followed up all the verbal conversations with emails so you have a paper trail.?

Have you formally complained about the trip? It is disability discrimination.

Request an EHCNA yourself. The legal threshold is a) has or may have SEN, and b) may need SEN provision to be made via an EHCP. You didn’t need to wait for a diagnosis and don’t listen to the school trying to put you off.

Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies. IPSEA and SOSSEN are better.

If DD can’t attend school full-time is the LA making suitable alternative provision to ensure she still receives a suitable full-time education?

Thank you, I will do.

Aside from this HOY I've actually found the SEN department to be really good. He just likes to interfere. So I'll speak to the SEN department we'll have a plan in place and then he gets involved and over rides it. To be honest this is the only school in our area that I believe could meet her needs. My only other option is Home Ed.

I have an appointment with the attendance and welfare officer and LEA next month so was going to bring it up there.

I've had a row with the HOY on the phone this morning and made it very clear I don't want him involved in plans for my DD anymore. The attendance/welfare lady has stepped in now. We'll see how that goes.

I would speak to the EASS.

https://www.equalityadvisoryservice.com/app/ask

The trip thing is discrimination, at the very least.

It's the best school in the area for SEN.

I’m sorry. Being a parent can be difficult enough, let alone when neurodivergent behaviour and school are included. I’d speak with the sen support or senco and definitely start the EHCP process. There are good Facebook groups about EHCPs that should be able to help you.

I’d also look at lodging a complaint with regards to the school excluding your daughter and the HOY. This will be important evidence to show that the school cannot support your daughter and an EHCP is needed.

Good luck. Look around for any local parent support groups as well as there can be a wealth of knowledge and understanding there.

That doesn’t mean it’s best for her sen. I have two (diagnosed) but likely three sen children and their needs and what suits them are vastly different.

I don’t think it’s up to school to get her into school, I think that’s down to you. As far as the trip is concerned if it isn’t suitable for your daughter as outlined on a risk assessment then I can’t see that they are discriminating. They have said that they will be offering an alternative that is suitable. I’ve not taken pupils before for all types of reasons. If it’s my signature on that risk assessment and I can’t manage a ‘risk’ then it isn’t happening.

My only other option is Home Ed.

Don’t deregister! You do not have to EHE. If school isn’t appropriate there are other options. You don’t have to home ed.