DS 14 not receiving an education for 6 months... what else can I do?

[dontpokethemommabear]

There's a back story - big old thread a few months back - but basically, my son was briefly dealing cannabis. County Lines stuff. I discovered it in under a week, reached out for help via Social Services, Police and his school plus other agencies to support us through this hideousness.

I'm a single parent. 2 DS. Ex is an abusive alcoholic and utterly uninvolved. So I do this 100% all the time, on my own.

By stamping on it immediately my son stopped dealing, engaged with services and has come on in leaps and bounds. He's back to the lovely boy he was before his head was turned and I'm immensely proud of him.

BUT - despite all of the information that has come out subsequently, his school responded by excluding him permanently (nothing had taken place in school, only in the community). It was his first offence but they say they have a zero tolerance policy to drugs regardless of the backstory or mitigating factors.

So today marks the auspicious point of SIX MONTHS out of education.

The Local Authority have a duty to provide him with an alternative provision by the 6th day post exclusion... there has been zero contact from the LA.

After the first few weeks and an appeal to the school governors, I managed to get hold of email addresses for the Head and Deputy of the Education department of our LA and sent an email explaining the situation, that we'd had no contact and that my child was in danger of falling through the cracks. This elicited a response and he was given four hours per week of online tuition.

Since the end of March and today we haven't received any further positive interaction from the LA.

I've sent email after email, made call after call and all we've had is inconsistent information.

I've applied to various alternative mainstream schools, I've found him an alternative provision in the form of a construction trade school.

He's a smart boy. His tutor is predicting 7/8's at GCSE for the maths and English that she has 4 hours a week to teach him.

I cannot believe that I am in the position where after 6 months my child still is missing out on the education he is entitled to.

He made a mistake, in hindsight I wonder whether we'd all have been better off if I'd brushed it under the carpet and ignored the dealing just so he was still in school but of course that is ridiculous. He would have got dragged further and further down the path, into that underworld.

I need ideas of how to fix this situation.

Not sure this makes sense as he would have been placed in alt provision: did you refuse to send him?

Firstly well done for reporting your son, can't have been easy but also for supporting him through this and sounds like he is now being failed. He should be getting a lot more support and should be receiving full time education - normally with a tutor this could equate to 15hours. Am wondering if you should seek legal advice - you maybe able to find one to give you some free advice to start with.
Also am afraid you will have to shout louder, phone and email constantly, ask for a meeting. You will have to make a nuisance of yourself to be heard - you shouldn't have to but working with a lot of parents in difficult situations it's those who do this are the ones that get results. (They don't actually shout but they don't stop...).
What are the other mainstream schools saying?

Have they offered anything else. Lots of LA's are letting kids down and not offering alt provision - which is unlawful. Make a formal complaint and then if you still get nothing go to the Local Government Ombudsman.

He should be getting a reasonably available and accessible full time education. As you say from day 6. What he's getting is not good enough.

Online school for the time being? Or tutors?

Kings interhigh seemed very good, my son went for a while when anxiety stopped him coping with school (he loved learning but had a teacher who was a nasty bully).

So sorry, I can see he has a tutor a bit. Can you supplement that?

But he should be getting an education from the LEA. The OP should not have to pay for it or arrange it. This is a pretty straightforward document and shows what is going wrong across the country.

www.lgo.org.uk/assets/attach/6271/FR-Out-of-School-F.3.pdf

So everyone has said he has to go to an APA/PRU and these are all full... he's on a waiting list....
At the beginning of May, I spoke directly to the Deputy Head of Service for the department. She said he shouldn't go to an APA given his track record on behaviour and attainment. She said it would expose him to negative influences and he would definitely not benefit.
She told me to apply to mainstream. So I did. There are 3 schools that he could reasonably attend due to distance (we live very rurally). The first is the landing place of all the other kids PX'd from original school. He won't be safe there. They also have no space in any of his GCSE option courses.
2nd school is unwilling to accept him without attendance of an APA despite guidance from LA and Social Worker, support service and drug support mentor. Also have no space in any GCSE options courses that he'd choose.
3rd school is full. With 14 on a wait list for the intake.

Soooooo... I have found a trade school where he can attend and learn vocational skills in construction and functional skills to support a career in this field.
He can continue with online tuition to get his maths and English GCSES which his tutor believes he will achieve 7/8's on 6 hours per week

I just need the LA to sign this off and they won't respond. Completely stone walling me.

How do I break through?!

Have you tried going down to the LEA offices and not leaving until they talk to you? or do they all WFH now. sympathies.

Thank you so much for this document.

This is exactly why I post on mumsnet!

Have you tried contacting your local Councillor or the councillor who in the chair of the children's and young people's committee? I would suggest MP as well but that would need to be post election

Yes to this. A good shout.

Also you can search on the LGO website for decisions that might resemble your situation. Even better if you can find something recent for your LEA. It should give you an idea of what should be happening. The decisions can sometimes vary but it's usually because not all the fine details are included.

Thanks. This is so helpful.

I’d contact the Director of Children’s Services at the Local Authority - you’ll probably find an email address online.
Did you appeal the PEX? What was the outcome?

Yes. We did appeal the PEX. The governors upheld the heads decision.
It was down to one word in the policy...
"The headteacher may decide to permanently exclude a student following a first offence"...

I went to Independent Review Panel.
They have no teeth... the 3 potential outcomes were; they agree with the school and that's that.
They recommend the school reconsider their decision.
They compel the school to reconsider and fine them £4k

When I asked how often the IRP results in a change in outcome for the child... Never. It has never resulted in the child being reinstated.
The school "pays" the fine (comes out of the following years budget (ironically this is a very similar amount that the PEX'd child would add to said budget if enrolled) and the child is PEX'd again.

So here we are... in limbo.

It must be so frustrating and worrying. He's done so well but the exclusion is effectively continuing even now. Anyone can see how counterproductive that is.

You are doing brilliantly but you are going to have to keep pushing I'm afraid. Everything needs to be done in writing (email is fine). And then escalate it if you don't get a decent response.

Can the college of the vocational course push from its end?

Complain to ombudsman and contact solicitor about taking a judicial review against the LA for failing to provide full time education. Unlikely it will get to court. The solicitor will issue a letter to the LA first (this is part of the process) and the LA must respond to it. In all liklihood they will miraculously realise that there has been an admin error (or other excuse) and put something in place to avoid legal action.

Agree make a formal complaint and try and get some advice from a solicitor specializing in education law.
If you’re not totally convinced by the trade course you could alternatively ask the LA to pay for an EOTAS (education otherwise than at school) package for him which could include his tutor but would need to equate to full time. This could also fund something like online lessons for his other GCSEs/IGCSEs if you think he’d rather do those.

Oh I don't disagree. But if I could afford it I would be doing whatever I could in the meantime

@dontpokethemommabear the 2nd school can only refuse him a place if he has been twice excluded. If he was only excluded once, they have to give him a place if they have one. Full stop.

The third school - have you appealed the refusal of the place? You can appeal even if they are full. I would imagine that the fact that they are offering the GCSE options he would choose is a good argument, plus the fact that school 1 would have influencers of past behaviour. Usually you don't appeal 'against' a school, but in this case the reason you don't want it is highly relevant for the continued progress of your child in maintaining responsible behaviour.

Has your child had a full assessment to see if he is particularly vulnerable to exploitation due to any additional needs?

Take the second school. Tough luck about his GCSE options, he wouldn't be doing them anyway if he goes to the college you've found. And that college doesn't sound suitable anyway, he's beyond functional skills if he's predicted 7/8 in maths and english.

Am getting ready for work so am just sending a brief reply but I'm wondering if it's worth your son sending a heartfelt letter to the school, apologising, explaining how he's learnt from the error of his ways and pleading for a second chance. You've tried everything else so could be worth a shot! Sometimes a child's words have a greater impact. It may not help but you never know!

Failing that, I agree, take the second school. At least he'd be getting an education.

Sorry if this has been said . Can he go to college I know they can go to college from 14? I thi know it is. I will look it up

Election coming up speak to all candidates for help. I found them very helpful as they wanted my vote. It was amazing what support they offered and got things done at these times . I know it should be like this.
Or use complaint procedures for services and if still no response take it to the ombudsman . I know it takes time but they are failing your son .good luck

https://he-exams.fandom.com/wiki/College_for_14-16_year_olds

This gives a bot of information

I'm glad your ds is OK and did not get to deeply into it and was able to get back on track quickly. It's a shame adults in the education system have let him down.