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?

This. I would be raising merry hell.

I can relate. Sertraline is now my coping mechanism and we have tonnes more support in school than you do.

Do you have anyone in your corner - not your DD's but to support YOU? Parent carer group, GP, friends and family? Circles of support model. You could try SENDIASS, some of them are quite good but beware they can just parrot LA's illegal rules. I'm not sure what to suggest and I'm aware that every suggestion might feel like another demand when there just aren't enough hours in the day, but often schools CAN give more support than they say. Some children at ours are left with no education, others have online tutoring arranged and paid for by school but parents may have to force this eg with an EHCP. It's not going to be easy but she is still really young. You have loads of time to find something that works before she gets into GCSE years. IMO you should fight the unauthorized absences (sick note from a GP perhaps?) but if you can't any absence will be evidence of them not meeting her needs, when combined with other evidence.

I just wish I hadn't spent so many years assuming MS was the only option for my son. Specialist school took one look at him and could see the need so much better than MS school staff. Even in MS, a less academic school with lower demands was more manageable than the "best" school in the area. Don't put too much store by reputation, it's all about individuals and culture and that can turn on a pin.

I already have. It made no difference. Just about to escalate my complaint to the governors.

I'm already on a shed load of meds for my mental health, unfortunately but this is driving me over the edge.

I don't really have anybody. But I was thinking of getting in touch with the local autism group.

I am going to ask for the GP for a letter to confirm she has been diagnosed with Long COVID. But I can't get evidence for each individual absence as for most of them she didn't see the GP. But if they'd asked for evidence at the time I could have got it. How can this be fair? And how can it be legal to change? Isn't it fraud to change records?

And yes, on the one hand they say to me 'this can be used for evidence for the EHCNA' and on the other seem to blame me for what is happening. Surely if this evidence shows she needs extra support and the school needs extra funding then how is that my fault?

Children only get a specialist school here at the very extreme end of SEN.

My DD is at a small, calm school and the only one in the area that I thought could meet her needs. I had to appeal to get her a place. The school she was originally given a place at where not even interested in giving reasonable adjustments.

This school has given many reasonable adjustments and she has a really nice Learning mentor and some nice LSAs. There is so much good. But among management - it's a disaster!

The government guidance states schools should only be requesting evidence if they have genuine and reasonable doubt about the authenticity of the illness. They should not request it unnecessarily.

There are other options if mainstream schools aren’t suitable. The LA will tell you otherwise, but this is the case whatever LA you live in.

In the meantime, if DD can’t attend full time, you don’t need an EHCP for alternative provision. This is ultimately the LA’s responsibility. Use IPSEA’s model letter to request provision.

A child who has online schooling via an EHCP should not have a school in I of the EHCP unless they are also attending the school site some/all of the time. Instead section I should be blank for EOTAS.

As others have said keep a paper trail. Always start off emails with "Further to our conversation on (whatever date you spoke F2F or phone call) I'd like to clarify xyz" and "I look forward to your response via email" This ensures you have everything documented and saved as evidence of needs not being met. It's so so important when it comes to approaching the LA especially when it comes to applying for an EHCP.

Contact IAS and get an EHCP applied for if you haven't already. Complain to the governors and if that fails complain to the council.

BTW if the senco said high school isn't for kids with send needs they clearly stated they can't provide for her needs. I'd have asked for that in writing if she had said it to me.

Honestly I know your saying it's the best school in the area for her needs it clearly isn't and they just lied to get her on their roll

That maybe the case but you can fight the council in court... tell the school you want alternative education provision for her because you've had enough.

Without you knowing what the other schools are like I don't think you can say that.

We know SEN DC at the other schools. They are either completely miserable, don't go or their parents have given up and are home educated. The only DC who actually gets any regular support is my DD and she's the only one who while not happy all the time, overall is happy at school.

And even if there was a better school they're all oversubscribed.

I think I'd break before I got to fighting the council in court. And I don't want alternative education provision. I want her to be able to go to school with her friends.

If she won't attend school though or can't, you will have to do what's best for her needs. I understand you want her to have an inclusive school environment but it's going to be difficult, you will end up in court and alot sooner than you would have done previously aswell because the DFE have just tightened the rules on absence to 5 days before you get a fine. Two fines maximum before your taken to court.

I would think in your case more leniency will be shown given her problems and the fact that your doing all you can to get her to school and keep her in. Hopefully the school wouldn't put you forward for prosecution but given the way they are currently treating you I'd say there is a small chance they will.

Sadly it may become necessary for you to fight the council.

It doesn't matter if they are over subscribed btw the court can name the school and force them to take her.

I feel abit like you've been told by the school that your expecting to much with regards to your daughter and whilst your not happy about it, you set on keeping her there. So the only thing you can do is comply with their demands and get her into school and keep her there.

I'd still suggest you contact IAS and start the ball rolling on an EHCP so that medical services can be included in your daughters educational needs plan. At least this will cover you if the council do decide to prosecute you and it will be much harder for them to do so with an ehcp and it will also set out legally the support the school must provide.

Mmm. Not sure that's right based on DfE's latest attendance guidance (comes into affect in August 2024). For instance:

For pupils with special educational needs and disabilities, schools are expected to:
• Work in partnership parents to develop specific support approaches for attendance for pupils with special educational needs and disabilities, including, where 24 applicable, ensuring the provision outlined in the pupil’s education, health and care plan is accessed.
• Work in partnership families to help support routines where school transport is regularly being missed and work with other partners to encourage the scheduling of additional support interventions or medical appointments outside of the main school day. Please see further details on SEN support.
• Establish strategies for removing the in-school barriers these pupils face, including considering support or reasonable adjustments for uniform, transport, routines, access to support in school and lunchtime arrangements.
• Consider adjustments to practice and policies to help meet the needs of pupils who are struggling to attend school, as well as making formal reasonable adjustments under section 20 of the Equality Act 2010 where a pupil has a disability. Any adjustments should be agreed by, and regularly reviewed with the pupil and their parents.
• Ensure joined up pastoral care is in place where needed and consider whether a time-limited phased return to school would be appropriate.

And:
55. Some pupils face more complex barriers to attendance. This can include pupils who have long term physical or mental health conditions or who have special educational needs and disabilities (SEND). Their right to an education is the same as any other pupil and therefore the attendance ambition for these pupils should be the same as it is for any other pupil but additional support may need to be provided. 56. In developing this support, the usual processes relevant to any attendance case apply:
• Understanding the individual needs of the pupil and family
• Working in partnership with the pupil and family to put in-school support in place and working with other the local authority and other agencies where external support is needed (and available)
• Regularly reviewing and updating the support approach to make sure it continues to meet individual needs.

Unfortunately, many parents do have to take their LA to court in order to secure the support and placement their DC needs.

So the only thing you can do is comply with their demands and get her into school and keep her there.

That is not the only thing OP can do. OP does not have to allow the school to act unlawfully. She does not have to comply with their unlawful demands. She can pursue an EHCP and she can pursue AP if DD can’t attend full time. The absence should be authorised. As per the legislation and current guidance (the guidance set to come into force in August isn’t relevant to the current position). Authorised absences don’t attract fines.

I've already applied for an EHCNA. I mean the fact I'm doing that surely shows in my opinion the school currently can't meet her needs. But I still have to choose the least worse option which is school where she has friends, a lovely learning mentor, LSAs and is happy a lot of the time. But I'll still keep fighting for the best for her. The school wanted her to see the Ed Psych so surely it is reasonable to ask them to follow her recommendations.

So could the AP be part time with her still attending school part time?

Yes. The LA has a duty to ensure DD receives a suitable full-time education where she wouldn’t otherwise receive it under section 19 of the Education Act 1996. For some alternative provision will be instead of school. For others it will be in addition to part time school.

If you go on to get an EHCP, part time school and part time provision made other than at school is possible via the EHCP.