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?

Thank you for that. I'm glad it wasn't wrong what I said about his 'deep understanding' of autism. I just thought the arrogance of ignoring the advice from the SEN department and thinking he knows better!

Sometimes it just takes one difficult staff member - I’d go and see the headmaster. I have found that requesting a meeting, detailing what it will concern, and cc-ing the Bd of Gov has been very effective has getting sincere apologies and action where staff have messed up!

I would have had no issues attending the trip if it meant she could go.

I know it's so odd that he constantly wants to change things, who collects her etc. Surely as this guru of ASD he would know that consistency is so important with many if not all DC with ASD.

Will do.

So is the purpose of that letter that it supports the application for an EHCP?

There is no other school I could name for DD. This is the best one for her.

On the reward trip, someone has already posted the link to the EASS: https://www.equalityadvisoryservice.com/app/ask

EASS can advise on forms of disability discrimination, including discrimination arising from a disability, and failure to make reasonable adjustments. They also have template letters and can guide you through formal processes. You should ask them about the attendance requirements too. (Frankly I'd be tempted to shop them directly to the DfE on that question as it looks rather like someone is trying to game the stats. If DC is too anxious to attend a significant level of due autism-related anxiety, then that's an I for illness in the register, according to DfE's guidance to schools).

Can you send template letters and ask to meet the SEND governor and the Head to discuss a complaint in the first instance?

@UndertheCedartree This is all kinds of wrong and that HOY sounds like a complete twat.

Excluding your DD from the school trip is absolutely disability discrimination and unlawful as schools have a legal duty to make reasonable adjustments for disabled pupils.

https://www.ipsea.org.uk/disability-discrimination

https://www.equalityhumanrights.com/equality/equality-act-2010/technical-guidance-schools-england

Sending her home after 5 minutes is unlawful exclusion and could also be construed as disability discrimination.

https://www.ipsea.org.uk/pages/category/exclusion-from-school

Your DD is entitled to full time education just like any other child. As PP have said if the school cannot get your DD into school (and is excluding her) they are not meeting her needs.

If they still refuse to apply for an EHC needs assessment, you can apply for one yourself using the template letter here:

https://www.ipsea.org.uk/making-a-request-for-an-ehc-needs-assessment

https://www.ipsea.org.uk/ehc-needs-assessments
https://www.ipsea.org.uk/asking-for-an-ehc-needs-assessment

As for that useless HOY, I would be inclined to quote Dr Stephen Shore (who is autistic himself) at him: "If you've met one person with autism, you've met one person with autism."

https://ibcces.org/blog/2018/03/23/12748/

You might also find this useful:

https://the-art-of-autism.com/wp-content/uploads/2017/11/UnderstandtheSpectrum.pdf

Thank you for the advice.

It's just so frustrating when someone is obstructing you in your DC being settled at school and then blaming you when they don't want to come in! He is a twat!

A decent, inclusive school, if it couldn’t safely accomodate a particular pupil’s needs by way of reasonable adjustments (eg sending an additional member of staff) would have altered the trip to something that was more inclusive and could accommodate everyone’s needs. I appreciate that schools have limited staff members and pinched budgets but this is not of your concern.

Always be aware that individual staff members, even quite senior ones, may not always know, possibly even rarely know, what the laws are surrounding the education of disabled pupils. They may know how it has always been done in their school, or how the school would like it to work given the constraints on them, but the rights of a disabled child to an appropriate education are actually pretty strong. Enforcing those rights can be very time consuming and frustrating, but the law is on your side.

Get started on a request for an EHCNA. Read the IPSEA website from top to bottom. Start investigating any state, section 41 and independent special schools within an hour’s drive and see if your daughter would fit there. Do the same for mainstream independent schools. It maybe that she is better placed in mainstream just with additional support, but you want to be sure of this. Do not deregister her as it will make all of this so much harder. Even if her being at home does turn out to be the best option (which is a possibility if long covid is part of the mix) you would want a EOTAS package, which is where the LA pays for all the provision she needs, eg tutors, in person groups for socialisation, any therapy, exams etc. This would all need to be written in to an EHCP and EOTAS would be in there instead of a named school.

And if you get nowhere with the school about the trip consider taking them to tribunal for discrimination.

https://assets.publishing.service.gov.uk/media/652f92d46b6fbf000db75872/SEND4_0423_access.pdf

No school staff member can tell a parent who must collect or drop off a child.

The reward day might be over, however you can still lodge a complaint with the management team and/or governors.

Thank you so much, that's very helpful.

When I apply for an EHCP assessment do I need to send a letter to the school as suggested up thread? I was a bit confused about the purpose of that? Sorry if it's already been said.

Based on the information provided this can’t be answered. What’s happening in the morning? They can’t mark her on time if she’s not. Are you needing support at drop off? Or…?

When you submit an EHCNA request you don’t need to send it to the school as well as the LA. It is a good idea to tell the school you are requesting/have requested an EHCNA.

You should write to the school about the discrimination too.

Clearly they can't meet her needs if they can't take her on school trips. Get an application in ASAP and cite this incident specifically.

My Ds with ADHD/Asd who masks a lot .

He is about to leave the education system - college have definitely failed him .

Things I have learned along the way . As a parent of a child who is ND you will have to be that parent sometimes .

paper trail everything . Actual meetings email summary and plan .

These people Senco or teacher aren’t your friends - it really is irrelevant what they think of you . I litterally took notes / agendas in . I have even emailed my agenda .

I definitely wish I had applied for an echp even if it isn’t granted schools have to show what they are doing.

get hold of the complaints procedure - is it . Ofsted see them so they want to resolve it . I definitely found issues in writing / email got a far bigger response .

good luck

Let them mark her absence as unauthorised. Do not pay attention to threats of fines. If/when her attendance falls below the threshold that LA attendance team are involved, they will look at what school are doing, as much as what you are doing. So keep all evidence of support you've asked for that hasn't been provided.

Has school asked for support from ASC team at LA? Especially since her diagnosis. Again, they look at the ordinarily available practice (google that and the name of your local authority to see everything the school can be providing without EHCP) and make sure school are doing it.

Apply yourself for EHCP. It's a long road - many LA are rejecting initial applications, don't be deterred and go for mediation / tribunal. And even if her needs can be met without EHCP, there's a lower level of plan that isn't legally binding but the LA would expect school to deliver - and if they don't, you've got more evidence to reapply for EHCP.

This sounds like it's all very new for you - I was in that boat 18 months ago. See if there is a local charity support network - this was invaluable to me in navigating the system when my daughter finally point blank refused to go to school. I also paid too much attention to school telling me she wouldn't get an EHCP and waited until it became completely necessary, losing nearly a year. Don't wait until your child burns out, which is likely if her needs aren't met and she develops greater anxiety.

It can't be answered? I've got 4 pages of answers! 😂

In the morning I take my DD into school and someone comes and gets her. The HOY keeps changing what time, who gets her and from where. He overrides plans suggested by the SEN team.

Noone is asking them to mark her on time if she's not?

My DD needs support at drop off, yes.

Thank you and I couldn't care less what the HOY thinks of me! 😀

I'm sorry to hear college hasn't been good. My eldest is in college now. I hope your DS finds his next step.

I don't care about them marking it unauthorised - I mean they make enough fuss about authorised - what difference does it make if it's unauthorised? But on principal I just found it shocking!

Her attendance is 75% and the attendance officer asked me if I was ok to meet after half term with the LEA. I said 'I'm perfectly happy to let them know what's been going on.'

The school haven't been in touch with the ASC team as far as I am aware.

Yes, school is new to me. My eldest is autistic too but I home educated him.

Thank you, I appreciate your support.

But she’s not getting into school is she. You aren’t getting her in. The school cannot spend time trying to get her in when you yourself say she is too attached to you.

75% attendance is very poor and I would expect a LIT meeting at the very minimum, with IARF as well to see if there is any extra support that can be provided to you from multiagency sources.

There are so many children with EHCPs now that it’s almost watered down the importance of them, with it, in some cases, just viewed as the norm. I have a class with 6 in, plus 9 SEN K in. One TA.

You have a choice. Either put up with what you currently have or find an alternative for her to attend. It’s hard, but ultimately you are responsible for ensuring your child gets in to the education establishment, and not the school.

You should challenge the unauthorised absences Email the school requesting the absences are authorised. Write to 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. Go on to say that as DC is not receiving an alternative education under s.19 of the Education Act 1996 and an EHCNA has only recently been applied for the school and LA could have done and still can do more to support DC with their needs arising from their disability. Finish by giving them a reasonable deadline to reply.

You have a choice. Either put up with what you currently have or find an alternative for her to attend.

Or the school can comply with law. And OP can pursue an EHCP with all the support required then enforce said EHCP.

No it's an illegal exclusion and most definitely not allowed.
The inclusion team at your local authority would be very interested to hear about it.

I'd be mentioning that sending her home is an illegal exclusion and not allowed.
And just because she won't go in isn't a reason for a exclusion