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Share your dilemmas and get honest opinions from other Mumsnetters.

School attendance - is this allowed?

270 replies

UndertheCedartree · 23/05/2024 15:18

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?

OP posts:
Luddite26 · 03/06/2024 22:16

I aren't an expert but you have your points laid out.
And I'm glad you are having your own treat day.x

EliflurtleAndTheInfiniteMadness · 04/06/2024 03:16

The points are good but I think the language needs to be stronger, so they know you're going to fight them over this if necessary. Im procrastinating so rewrote it, maybe some ideas in here might be helpful for firming up your language. Don't apologise, the only unfortunate thing here is that you need to do this at all.

Dear [headteacher]

Re: Formal complaint (Disability Discrimination)

I wanted to bring to your attention to what, after taking advice, I believe to be Disability Discrimination (Equality Act 2010). As the school is aware E is autistic and suffers from anxiety. HOY confirmed to me on xxx date that E had enough achievement points to qualify for the Reward Trip on xxx date.

However due to E's autism the HOY felt she needed an LSA to go on the trip and said that they could not provide that. E was excluded from the trip as a direct result of her being Autistic. I note your SEND policy says 'Students with special educational needs join in the full range of school activities,’ but E was excluded because of her special education needs. She was treated less favourably because of her disability in direct contravention of government guidelines.

The lead up to the trip caused E a lot of distress, this was firstly from being excluded when she'd done nothing wrong and secondly because all her friends were going and they spoke about it a lot.

Further to this, I was told there would be a 'Reward day' as an alternative for those girls eligible for the trip who could not go for whatever reason. This was supposed to be a strategy to help E with her understandable distress and feelings of exclusion. I wasn’t informed when this was dropped so had no time to prepare E for what was coming and no alternative strategy put in place to offer her some other version of the reward she'd qualified for. Due to this late notice E became very dysregulated. The late notice triggered her school anxiety and she was unable to come into school as a direct result of this. HOY insisted she would be marked down as 'unauthorised' despite guidance for schools to mark as authorised if the absence is due to illness, be that mental or physical.

Mr P has said that if staff are unable to get E into class after 5 minutes I will have to take her home. This not only amounts to exclusion, but is also a bad strategy to manage behavior related to anxiety as it makes the anxiety worse. I am aware that only a head teacher can exclude a pupil and only for disciplinary reasons, not because of their SEN. So this plan he has put in place amounts to illegally excluding E from school. It can also be seen as Disability Discrimination under the Equality Act (2010.). E had been directly discriminated against and treated unfavourably because of her disability.

As per government guidelines It’s against the law for a school or other education provider to treat disabled students unfavourably. This includes: direct discrimination, for example refusing admission to a student or excluding them because of disability. An education provider has a duty to make ‘reasonable adjustments’ to make sure disabled students are not discriminated against. These changes could include providing extra support and aids (like specialist teachers or equipment)
https://www.gov.uk/rights-disabled-person/education-rights

There are further complaints in regards to other actions of E's HOY which I will raise separately as I am focusing here on
those things that come under Disability Discrimination.

I have faith that this will be looked into as an urgent matter given the serious nature of these issues and the resultant impact on Es education. I look forward to working together to resolve these issues.
Yours sincerely,

T1Dmama · 04/06/2024 12:07

UndertheCedartree · 03/06/2024 20:20

Anyone?

Sounds good @UndertheCedartree

stating equality laws as well as their own policies is always a good way forward!

T1Dmama · 04/06/2024 12:17

EliflurtleAndTheInfiniteMadness · 04/06/2024 03:16

The points are good but I think the language needs to be stronger, so they know you're going to fight them over this if necessary. Im procrastinating so rewrote it, maybe some ideas in here might be helpful for firming up your language. Don't apologise, the only unfortunate thing here is that you need to do this at all.

Dear [headteacher]

Re: Formal complaint (Disability Discrimination)

I wanted to bring to your attention to what, after taking advice, I believe to be Disability Discrimination (Equality Act 2010). As the school is aware E is autistic and suffers from anxiety. HOY confirmed to me on xxx date that E had enough achievement points to qualify for the Reward Trip on xxx date.

However due to E's autism the HOY felt she needed an LSA to go on the trip and said that they could not provide that. E was excluded from the trip as a direct result of her being Autistic. I note your SEND policy says 'Students with special educational needs join in the full range of school activities,’ but E was excluded because of her special education needs. She was treated less favourably because of her disability in direct contravention of government guidelines.

The lead up to the trip caused E a lot of distress, this was firstly from being excluded when she'd done nothing wrong and secondly because all her friends were going and they spoke about it a lot.

Further to this, I was told there would be a 'Reward day' as an alternative for those girls eligible for the trip who could not go for whatever reason. This was supposed to be a strategy to help E with her understandable distress and feelings of exclusion. I wasn’t informed when this was dropped so had no time to prepare E for what was coming and no alternative strategy put in place to offer her some other version of the reward she'd qualified for. Due to this late notice E became very dysregulated. The late notice triggered her school anxiety and she was unable to come into school as a direct result of this. HOY insisted she would be marked down as 'unauthorised' despite guidance for schools to mark as authorised if the absence is due to illness, be that mental or physical.

Mr P has said that if staff are unable to get E into class after 5 minutes I will have to take her home. This not only amounts to exclusion, but is also a bad strategy to manage behavior related to anxiety as it makes the anxiety worse. I am aware that only a head teacher can exclude a pupil and only for disciplinary reasons, not because of their SEN. So this plan he has put in place amounts to illegally excluding E from school. It can also be seen as Disability Discrimination under the Equality Act (2010.). E had been directly discriminated against and treated unfavourably because of her disability.

As per government guidelines It’s against the law for a school or other education provider to treat disabled students unfavourably. This includes: direct discrimination, for example refusing admission to a student or excluding them because of disability. An education provider has a duty to make ‘reasonable adjustments’ to make sure disabled students are not discriminated against. These changes could include providing extra support and aids (like specialist teachers or equipment)
https://www.gov.uk/rights-disabled-person/education-rights

There are further complaints in regards to other actions of E's HOY which I will raise separately as I am focusing here on
those things that come under Disability Discrimination.

I have faith that this will be looked into as an urgent matter given the serious nature of these issues and the resultant impact on Es education. I look forward to working together to resolve these issues.
Yours sincerely,

Edited

Yea this is better.

you could even state that under discrimination laws the trip should not have gone ahead unless the school could accommodate all children’s disabilities. If there wasn’t enough staff for example to support all needs then they shouldn’t have arranged the trip

Angrywife · 04/06/2024 15:13

Which ever version you use, make sure you say "illegal" or "unlawful" exclusion.
Not just exclusion as the last version states.

UndertheCedartree · 04/06/2024 21:45

OliveWah · 03/06/2024 21:10

@UndertheCedartree - I've only just found your thread, but wanted to say that the letter you've written is excellent. You're doing a great job of fighting your DD's corner!

That's so kind, thank you so much!

OP posts:
UndertheCedartree · 04/06/2024 21:49

EliflurtleAndTheInfiniteMadness · 04/06/2024 03:16

The points are good but I think the language needs to be stronger, so they know you're going to fight them over this if necessary. Im procrastinating so rewrote it, maybe some ideas in here might be helpful for firming up your language. Don't apologise, the only unfortunate thing here is that you need to do this at all.

Dear [headteacher]

Re: Formal complaint (Disability Discrimination)

I wanted to bring to your attention to what, after taking advice, I believe to be Disability Discrimination (Equality Act 2010). As the school is aware E is autistic and suffers from anxiety. HOY confirmed to me on xxx date that E had enough achievement points to qualify for the Reward Trip on xxx date.

However due to E's autism the HOY felt she needed an LSA to go on the trip and said that they could not provide that. E was excluded from the trip as a direct result of her being Autistic. I note your SEND policy says 'Students with special educational needs join in the full range of school activities,’ but E was excluded because of her special education needs. She was treated less favourably because of her disability in direct contravention of government guidelines.

The lead up to the trip caused E a lot of distress, this was firstly from being excluded when she'd done nothing wrong and secondly because all her friends were going and they spoke about it a lot.

Further to this, I was told there would be a 'Reward day' as an alternative for those girls eligible for the trip who could not go for whatever reason. This was supposed to be a strategy to help E with her understandable distress and feelings of exclusion. I wasn’t informed when this was dropped so had no time to prepare E for what was coming and no alternative strategy put in place to offer her some other version of the reward she'd qualified for. Due to this late notice E became very dysregulated. The late notice triggered her school anxiety and she was unable to come into school as a direct result of this. HOY insisted she would be marked down as 'unauthorised' despite guidance for schools to mark as authorised if the absence is due to illness, be that mental or physical.

Mr P has said that if staff are unable to get E into class after 5 minutes I will have to take her home. This not only amounts to exclusion, but is also a bad strategy to manage behavior related to anxiety as it makes the anxiety worse. I am aware that only a head teacher can exclude a pupil and only for disciplinary reasons, not because of their SEN. So this plan he has put in place amounts to illegally excluding E from school. It can also be seen as Disability Discrimination under the Equality Act (2010.). E had been directly discriminated against and treated unfavourably because of her disability.

As per government guidelines It’s against the law for a school or other education provider to treat disabled students unfavourably. This includes: direct discrimination, for example refusing admission to a student or excluding them because of disability. An education provider has a duty to make ‘reasonable adjustments’ to make sure disabled students are not discriminated against. These changes could include providing extra support and aids (like specialist teachers or equipment)
https://www.gov.uk/rights-disabled-person/education-rights

There are further complaints in regards to other actions of E's HOY which I will raise separately as I am focusing here on
those things that come under Disability Discrimination.

I have faith that this will be looked into as an urgent matter given the serious nature of these issues and the resultant impact on Es education. I look forward to working together to resolve these issues.
Yours sincerely,

Edited

Thank you so much!

OP posts:
Redbone · 05/06/2024 14:50

@EliflurtleAndTheInfiniteMadness A superb letter!

T1Dmama · 06/06/2024 02:28

Good luck @UndertheCedartree . I hope they respond soon and resolve this issue of attendance and hope they insure this exclusion from rewards never happens again.

Mummy2024 · 09/06/2024 14:14

UndertheCedartree · 04/06/2024 21:49

Thank you so much!

I've been away for a few days and didn't see your email, so sorry. Did you send it? What was the outcome?

Mummy2024 · 09/06/2024 14:29

spirit20 · 25/05/2024 12:20

OP, I've only read up to page 4 of this thread, but there is already a lot of absolutely ridiculous advice from a lot of people on this thread who are using a lot of fancy terms without fully understanding what they actually mean and suggesting you 'demand' stuff that you are absolutely not entitled to.

If you approach the school in the way they suggest, not only will you be completely incorrect, you will likely destroy any goodwill there is from their side and make them see you as a loudmouth who has no idea what she is talking about rather than someone with whom they can work with.

I would suggest you find someone competent who is a specialist in the area, and can give you specific advice about the best way forward. Do not take advice from random people on the internet about this.

Nothing said on this thread amounts to her demanding things she absolutely isn't entitled to. Of course she has a right to demand equality!! Secondly no good will is required, she shouldn't have to beg for reasonable adjustments for her disabled child. If you work in a school I would strongly suggest that you ask for some send and disability training. Equality is a right not a privilege. Every single employee In a school works for the children, they provide a services and when that service falls below legal expectations parents do not have to rely on "good will" they have the law on their side.

haveacat · 09/06/2024 16:32

I am a school SENCO. The school would be expected to make 'reasonable adjustments' so that your child could attend the activity. This sounds like it would be an additional adult and this is an easy solution. They cannot decide that they are not willing to make a reasonable adjustment. If they refuse to make this reasonable adjustment then they are in contravention of the Disability Act 2010 as well as the SEND Code of Practice 2014/15. This is quite serious.

If you are feeling so inclined, I would go through the school's complaint process to make a complaint. If you are feeling really cross, you could contact the SEND Co-ordinator at the local authority or your local councillor/MP.

OldPerson · 09/06/2024 17:29

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

UndertheCedartree · 05/07/2024 20:19

Update Just thought I'd give an update. Things have been dreadful. The complaints process has been an utter nightmare. I had to email over and over again to get a response. The 'investigation' obviously entailed the deputy head asking the HOY what happened and he's wormed his way out it. And that is taken as the truth and I'm wrong about everything.

The latest is they've decided to change most of her 'authorised' absence to 'unauthorised'. I've never been asked for medical evidence. But obviously now it's too late for me to do anything about it. There is nothing in their attendance policy about this.

We had a meeting with someone from the LA. Apparently they would help come up with ideas/strategies to support my DD. It was the complete opposite. They came up with nothing. They just asked stupid questions like I explained that since having Long COVID my DD catches any illness going around. She asked me - what are the symptoms of that? She told me I should insist my GP does investigations to find out what's wrong!! And when I explained about us all having Whooping cough - she lectured me that she could come in with a cough! As for SEN she had no clue about that either - apparently my DD should be treated like everyone else. She also gave me many lectures about 'what secondary schools are like' - yes, they are aimed at 11yos + without SEN. Unfortunately, with SEN they can't necessarily live up to those expectations! She insisted my DC spent an hour every day with her learning mentor and never went to form time, despite me reading out emails from her saying things like 'E came up to my office for 5 minutes then I took her to form.' She insisted certain things happened in the school which do not happen - she said all homework is on 'school comms' - after I'd said all homework is not put on Teams which causes problems.

I'm exhausted with it and don't think I can take much more. Just need to escalate the complaint to governors before the summer.

OP posts:
EmBear91 · 05/07/2024 20:31

This is absolutely disgusting and clear discrimination against your daughter - don’t let anyone tell you otherwise! But additionally to that, the HOY just seems outright dismissive and unkind. I would stop dealing with the HOY & take it higher - in writing & also request a face to face meeting. Any further communication with them, make sure it’s very email so there’s a paper trail.

BrumToTheRescue · 05/07/2024 20:34

You should challenge the unauthorised absences. Email the school requesting the absences are authorised and marked as I. Remind them the DfE’s attendance guidance states illness (physical and mental health related) must be authorised. Add in that the regulations (Education (Pupil Registration) (England) Regulations 2006) make clear where a pupil is absent because they are unable to attend due to their medical needs the absence must be regarded as authorised. Then say as DD is not receiving an alternative education under s.19 of the Education Act 1996 and an EHCNA was only recently requested (by you) the school and LA could have done and still can do more to support DD with her needs arising from her disability.

Greatmate · 05/07/2024 20:42

https://www.childrenslegalcentre.com/get-legal-advice/education/

It might be helpful to get legal support with this matter.

In the meantime make sure you keep good records. Date time what was said. Then email them the conversation. Eg further to our conversation on x date where you said xyz

Education - Coram

Coram Children's Legal Centre can provide advice and representation on education law through its online guidance, specialist advice lines and legal practice

https://www.childrenslegalcentre.com/get-legal-advice/education

UndertheCedartree · 05/07/2024 20:48

Greatmate · 05/07/2024 20:42

https://www.childrenslegalcentre.com/get-legal-advice/education/

It might be helpful to get legal support with this matter.

In the meantime make sure you keep good records. Date time what was said. Then email them the conversation. Eg further to our conversation on x date where you said xyz

I'm doing all that. I'm writing countless emails, making calls, writing notes, reading policies and guidance. I guess that's the life of a SEN parent.

But it's affecting my mental health and I'm struggling.

OP posts:
Greatmate · 05/07/2024 20:52

UndertheCedartree · 05/07/2024 20:48

I'm doing all that. I'm writing countless emails, making calls, writing notes, reading policies and guidance. I guess that's the life of a SEN parent.

But it's affecting my mental health and I'm struggling.

I know, it must be absolutely exhausting constantly having to have to fight for your child's needs to be met. Everything is a battle. Have you spoken to your GP about the impact on you?

UndertheCedartree · 05/07/2024 20:58

Greatmate · 05/07/2024 20:52

I know, it must be absolutely exhausting constantly having to have to fight for your child's needs to be met. Everything is a battle. Have you spoken to your GP about the impact on you?

I was trying to get hold of the school nursing team today. Can't seem to get to speak to anyone. I tried to phone the LA - no answer. Paediatrics at the hospital - no answer. School nursing - no answer. School either completely ignore my emails or just respond to part of them. And no, there's nothing my GP can do.

OP posts:
Piony · 05/07/2024 21:04

I'm sorry, that sounds utterly overwhelming.

How much of this do you think comes straight from the HoY and will change with the new HoY in Sept? Have you met with her new HoY?

UndertheCedartree · 05/07/2024 21:31

Piony · 05/07/2024 21:04

I'm sorry, that sounds utterly overwhelming.

How much of this do you think comes straight from the HoY and will change with the new HoY in Sept? Have you met with her new HoY?

I've met her new HOY and she seems very nice. The vast majority of the staff are really great. But the deputy head is a really nasty piece of work. And I honestly don't understand how she is deputy head. She seems so incompetent. And then the attendance officer, she's a nice lady, but again so incompetent. They seem to just lie to cover up their mistakes.

OP posts:
Greatmate · 05/07/2024 21:36

UndertheCedartree · 05/07/2024 20:58

I was trying to get hold of the school nursing team today. Can't seem to get to speak to anyone. I tried to phone the LA - no answer. Paediatrics at the hospital - no answer. School nursing - no answer. School either completely ignore my emails or just respond to part of them. And no, there's nothing my GP can do.

It sounds like you are being failed on so many levels. Get legal support so someone is fighting for you and with you..

T1Dmama · 06/07/2024 00:13

UndertheCedartree · 05/07/2024 21:31

I've met her new HOY and she seems very nice. The vast majority of the staff are really great. But the deputy head is a really nasty piece of work. And I honestly don't understand how she is deputy head. She seems so incompetent. And then the attendance officer, she's a nice lady, but again so incompetent. They seem to just lie to cover up their mistakes.

Sadly I think lots of schools do this! I’ve complained about a few things that happened in school… they say they’ll review the CCTV…. Then deny all and of course we aren’t allowed to see the footage!

UndertheCedartree · 06/07/2024 09:29

T1Dmama · 06/07/2024 00:13

Sadly I think lots of schools do this! I’ve complained about a few things that happened in school… they say they’ll review the CCTV…. Then deny all and of course we aren’t allowed to see the footage!

How awful.

I was up til midnight working on all this. DD went to her friend's for a sleepover so she is having a fun time.

But I'm going to be sorting this out all weekend and then it will be Monday again which I'm dreading. I can't keep doing this.

OP posts: