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?

https://www.iask.org.uk/parents-and-carers/inclusion-and-equality/

OP should request an EHCNA, but even without an EHCP the school must make reasonable adjustments under the Equality Act and must make their best endeavours to meet DC’s SEN under the CAFA. They must not discriminate against DD.

Have you actually said "this is disability discrimination"? My DS's school tried to prevent him going on a trip because he is autistic and has ADHD. I mentioned the D word and they very quickly backtracked and accommodated him. They can't just exclude her because of her disability.

So basically they've discriminated acted against her with her the trip and they want to informally (unlawfully!) exclude her?! wtf!

DD is "fine" according to HoY. Ph purlease. Start pushing OP. And play the game, as others have suggested everything in writing to form a paper trail.

You also might want to join the Long Covid Kids Facebook group, OP. Debilitating fatigue and compromised immunity are really common symptoms of LC, and there are plenty of kids in the group who are ND. Good luck xx

Ok, I'll do that.

Thank you I'll have a look.

I see. I thought without an EHCP they would be spending their own money on her support and that's why I believed them that she wouldn't get one!

Apply for an ehcp yourself check your LA local offer and you should find out how to by there if they say no to asses ask for mediation do not let them do this to her, they are not meeting her needs. If they are so adamant they are meeting her needs then an EHCP shouldn't bother them it will only make sure they have to carry on meeting her needs.

No, I didn't realise it was discrimination. Now I do I'll be complaining.

Not RTFT... missing the point completely... do you think given the academic year is almost over the problems will improve next year as I assume will have a new HOY?

I've skim read your posts so I'd like to reiterate as others have said, this is discrimination and I've found simply using the phrase "disability discrimination" has suddenly cut through all the BS and the school back down V quickly! I also echo loudly how important it is to have EVERYTHING in writing, every conversation follow up with an email "as per our conversation date/time I'm writing to confirm we discussed/agreed as follows" Also if you are trying something new make sure the timeline is in writing "as agreed we will try xyz and reevaluate on the date to see if this has been successful" if you are waiting on a response "I look forward to hearing from you by date/time" and chase it up if you don't get a response by your deadline. Once they realise you are on the ball and willing to fight for you DD to have full access to the education she is entitled to you are less likely to have to fight as hard.

Definitely parent request an EHCP

And it goes without saying that you catch more flies with honey so absolutely express if you are angry but remain polite and don't raise your voice as you will automatically lose the higher ground, come on here and rant or type and send yourself the email full of expletives you'd love to send!

Finally be kind to yourself, you are not expected to know all her rights and what's the school chancing their arm etc so keep educating yourself, join the groups that do know this info on Facebook etc and keep fighting like you are doing. Parenting is bloody hard SEN or not but you are clearly doing a great job and are doing all you can to help your DD and her siblings. Good luck x

I will do. This thread has been enormously helpful for me to understand how to deal with it.

Thank you, I'll have a look.

Apply for the EHCP yourself. You’ll regret not doing so long term. Look at IPSEA for advice and template letters. It’s nothing to do with school if you apply. They have no right to tell you she doesn’t need one and the decision is not theirs to make.

As well as PPs' advice, keep your own records of her attendance. I would also complete an absence form for every half day she is not actually in school and check (maybe on an app, maybe by periodically requesting the data from them) that they are recording her absences as such. You can also send in summary emails to their absence team/person which you can later use as evidence.

It's often the way that you are fighting the same battle on a micro and macro level.

Well, obviously I'm hoping so! I met the teacher who is head of Y8 at Parents evening. She is DD's science teacher. I was impressed with her as she asked DD if the science goggles were comfortable for her and said she could get her different ones if she needed them (this teacher has only just taken over her science class.) She also discussed a way for DD to signal she needs help without putting her hand up. So hopefully she will be much better as HOY.

Thank you I'll make sure I do the emails and apply for EHCP.

Generally speaking I am always extremely pleasant and polite with school staff. I have a good relationship with everyone else I deal with. I did have a good relationship with the HOY but I think in the light of this thread probably because I was a bit of a walk over. When he told me there was no Reward Day (but also tried to gaslight me that he'd only said they were thinking about it!!) I saw red. And I did raise my voice. When I clearly told him I did not agree to any part of his plan he kept going on about how disappointed he was because he'd worked so hard to support my DD. I told him that just because he had a DD with autism did not mean he knew how to deal with any DC with autism, he said he 'had a deep understanding of autism' and I said 'No, you really don't.' He then told me how insulted he was! It was a right carry on! But I'll draw a line under it and try my best not to lose my temper in future.

I will keep fighting! And thank you for your kind words.

I write in her planner each time she is absent so I have a full record of that.

Today they said it will be unauthorised absence 😒

From the position of Hindsight, I would get her an EHCP. You can go to the LEA directly (and use this example of discriminatory exclusion as evidence that the school is intentionally obstructing you) and request one. There are specialist lawyers who can represent you, even if it’s just to send the initial letter and rattle the school, the Board of Governors and the LEA.

My children have ASD (and one ADHD) diagnoses. Also had good behaviour etc. our school was deeply supportive, allowing us to bring either of them in late to by pass morning registration as it could sometimes be stressful (attendance was recorded at reception); and unlimited access to the Pastoral Hub on days when they might feel overwhelmed. Ie they did everything they could to encourage full and regular attendance. Your school is failing your child in their statutory obligations. I’m pissed off for her and for you.

Then she can go on the trip can’t she

I'm the mum of two DC with SEN and my younger child is having a much easier time given all I've learnt whilst fighting for my 9yr old. Mum friends with children of a similar age to my son (4 and starting P1 this coming year) think I'm the Oracle but I'm honestly not, I am however gobby and loud in giving advice even if not asked cos I don't want any other child or parent to fight like I had to in the early days for DD and nobody teaches you these things, you just find out as you come up against issues.

As for the HOY unless he's specifically educated in autism as a career then he has a deep understanding of the needs of HIS child and probably an average understanding on some traits of autism through his career and I don't blame you for calling him out on this. I'm 100% an expert on autism...but only on how it affects MY DC and it's so incredibly cringe that he thinks he's some sort of ASD guru!!

Keep fighting the good fight my lovely ❤️

Sounds terrible. The last thing she needs is constant chopping and changing of plans and rules.

whenever DS has a school trip, either DH or I volunteer to go as a parent supervisor to help. It may not be feasible in your situation but it definitely helps our DS to attend things that he’d otherwise struggle with.

Take photocopies/photographs of the planner now before it goes into school again.

But they can't meet her needs. As you e seen from previous responses.

They can't facilitate her to be educated alongside her peers or attend trips alongside her peers.

I'd start with an email to HOY and copy in HT andLA send department.

Dear X,

Thankyou for our conversation on X date.

Thankyou for informing me that despite meeting the required criteria DD was unable attend the reward trip as it required staffing beyond what is usually provided in mainstream school and you didn't have the dedicated Lsa to support her.

Thankyou for also informing me that if after 5 minutes of arriving at school if DD is too anxious to attend you want me to take her home and try again the next session.

Having reflected on what you have said it's very clear you don't have the resources within the school to meet DDs needs and she needs more than is provided within 'normal' mainstream education.

Having read the criteria it is clear DD meets the thread hold for an EHCP assessment. Therefore I am applying for one and you will hear from the LA for evidence in due course. I will supply all the evidence I have of the times she's been unable to attend or access education afforded her peers with the application.

Please acknowledge this email and any further responses or discussions need to be via email or minuted meetings so we can provide this jointly as evidence.

Thankyou for your support.

Xxxxxxx

By stating facts and not questioning what they've said they have no recourse to say something untrue or say you are wrong.

They could untruthfully dispute the email but you've made it clear you have evidence.

If they call you then you need to write notes of the time and date, what was discussed and any agreed outcomes and email them the minutes and ask for them to correct anything they don't agree with. If they change their minds from discussion you can challenge that and ask for clarification of what they are going to do then to support DD.

And good luck. It's a bumpy road if you do t have a good school but once you've been through the process you can name another school on the ehcp. I did and it was the best thing for ds.

No one else has a problem with DD being a bit late sometimes. They have a Learning support centre which DD can access when she needs to. The LSAs are great at supporting her in class. She has all sorts of passes to support her. So there is a very positive side.

But yes, I'm really pissed off at the recent situation. My DD has just told me her friend went on 7 rides. I'm gutted for her 😞