To want to write to the governors about my DD's suspension?

[UndertheCedartree]

I'm looking for a bit of help. Last week my 12 yo DD was suspended from school for half a day. She has autism and struggles. She didn't want me to leave her and was crying and clinging to me. I tried to get her to go with a member of staff for half an hour but she wouldn't. So the head teacher had to suspend her and send her home. They said I can write a statement to the governors. Does anyone know what I need to say? Is just that it was due to her ASD?

Also if the headteacher keeps suspending her can she be expelled? This is the one and only time she has ever been suspended but it just got me worried.

You are required to consider mediation. You don't actually have to go through with it; you can go straight to appeal if you want.

https://www.ipsea.org.uk/mediation

https://www.ipsea.org.uk/mediation-things-to-consider

Glad you have the formal decision letter as well as the phone call.

You don’t have to partake in mediation. As Ellie posted, you only have to consider it. LAs use mediation as a delaying tactic. Get the certificate and submit to SENDIST. If the LA is going to concede they will do so whether you actively partake in mediation or just get the certificate and submit straight to SENDIST.

A My Support Plan is the name for a non-statutory plan in some schools/areas. Your school may call it something else such as an IEP.

Right, ok, thank you.

We use them in my school. They are a formal way of recording the Assess, Plan, Do, Review outlined in the SEND Code of Practice. We also use them to formalise and evidence the support we have offered a student. Students and parents are involved in the writing of it.

Someone up thread mentioned that they aren't implemented in all schools. I didn't realise that.

What is 'the certificate', please? And SENDIST is the tribunal?

DD does not have an IEP as 'the school has not seen medical evidence and they are written with a medical professional.'

@UndertheCedartree don't worry about the fact that you've been turned down. Your DD meets the legal threshold so you should appeal. I found it useful to do a Subject Access Request - you'd get all the content of any information about your DD, including internal emails, etc. I had one for my DD which said 'can we take these pupils off the SEND register because they're getting their heads down and trying?' I also got the school nurse's notes of every time DD2 had gone to the sick room, every time I had emailed the school about DD2...it was worth its weight in gold, and I used it to show that despite the school refusing to apply for an EHCNA, they really couldn't meet DD2's needs, because if they could, they would have done so. I also pointed out that although the SEN Code of Practice suggests that Assess, Plan, Do, Review cycles are helpful, DD2 should not be penalised because of the school's failure to follow the SEN CoP.

SENDIST is the Special Educational Needs and Disability Tribunal.

The mediation certificate. In order to submit your appeal to SENDIST you need a mediation certificate. The details of the mediation company should be in the LA’s decision letter.

An IEP doesn’t require a medical professional or medical evidence. DD should have some kind of SEN plan whether that is an IEP, My Support Plan or whatever else the school’s SEN support plans are called.

IHCPs are mostly written with medical input but they aren’t the same as IEPs.

It isn’t uncommon for different members of staff to say different things to different people. It is why it is important to follow up verbal conversations with emails so you have a paper trail.

Thank you for the advice.

When my DD was suspended in the letter it said I could ask for a copy of her school record. I asked for that thinking it would say something about the suspension. All it was was mainly stuff from Primary - all her old school reports. So is a Subject Access Request different? Do I ask the school for a Subject Access Request for DD?

You only need a mediation certificate. You don’t have to go to mediation. Just email the mediation company and ask for one.

Right, ok, thanks.

A subject access request is different to requesting DD’s school record. The SAR will include data DD’s school record won’t. Make SARs to the school, LA and any other professionals/agencies involved with DD.

Oh yes, a SAR is anything and everything that refers to your DD. Even if it just includes her on a list of pupils. They will redact anything that would identify someone else, but you'll be able to see what they are saying. So, for example, if the SENCO has said that the school can meet her needs, but someone has written an email saying '@UndertheCedartree's DD just isn't coping and I'm not sure there's much else we can do...' then you would have to be given a copy of that email (even if they redact the name of the teacher who wrote it). If they wrote a note that says '@UndertheCedartree's DD had to go home again because she was too anxious to stay. We decided that it would be best to suspend her so that her absence record doesn't worsen...' they would have to let you have that email.

I can imagine 'UndertheCedartree is being annoying again' ,'UndertheCedartree has made another complaint! 'UndertheCedartree has sent me 10 emails in the last hour!' 😂 Hang on, would they have to show me what they have written about me?

If it relates to your DD, or names her, and I can't think why anything you email them wouldn't...

In order to get any data about you rather than DD you would need to submit a SAR for your data.

Ok, thanks

I hope people don't mind me keep posting!

I've been trying to get a meeting set up for the beginning of September. No response. I reached out to DD's new HOY after she had sent an email to Y7 parents. My DD's learning mentor told me she was keen to get a date and would let me know before school broke up. Unfortunately, she was obviously prevented from doing this. I had an email from the Head teacher saying to stop emailing different people as it was causing too much of a workload for them (!) and she has told them all not to reply to me. She refused to organise a meeting as she needs to speak to the LA as the school can't meet my DD's needs, they have a very good record with autistic pupils who are suitable for mainstream but they have done 'everything' for my DD but can't sustain the level of support.

Will she be made to leave the school? I'm so worried as she would be devastated. What will the LA say if the head says we can't meet this DC's needs as their needs are too much?

I don't understand how she can say they have done everything when

1. They have made no proper plan for my DD
2. They have asked for Ed Psych input but haven't even waited for her report!

Are they trying to push me to withdraw her? I'm so worried!

The HT putting in writing they can’t meet DD’s needs is actually helpful for your refusal to assess appeal.

Without an EHCP, the school can’t refuse to have DD attend because they can’t meet her needs. And they cannot try to off-roll DD. They could try to permanently exclude but nothing you have posted indicates they would be able to lawfully do that successfully.

If in the future you get an EHCP, as part of the process, the school would be consulted. During this process, they can raise concerns and object to being named. The LA may or may not name that school - they don't need the school to agree. If they don’t and it is your preference, you would be able to appeal.

Make a complaint to ofsted and use the term “off rolling”. The school clearly haven’t tried everything and I think they would get pretty short shrift.

For context my child that moved from mainstream to special had 2 visits from the autism advisory team, 2 EP visits, OT intervention groups, the school got his banding level increased to fund more TA support, he had social groups and an agreed safety plan if he was overwhelmed. It wasn’t enough but they did do all they could.

Were the OT intervention groups at school or referred to by school? What does 'banding level increased' mean, please? And were the social groups at school too?

Thank you, the information is all very useful for me to take back to the school and ask them about.

We have got the EP involved. I had a meeting with her and the SENCo and she has observed my DD. She just wants to talk to my DD and then will do her report. The headteacher is not even waiting to see that report before deciding they have 'done everything!'

I know I need to try and switch off for the summer now, but I'm just so anxious about it all.

I hope it is ok to ask another question if anyone can help?

One of the things that used to help my DD transitioning into school at Primary was going with her to a wellbeing room. She'd have a hot chocolate, myself and pastoral support had a coffee and a nice gentle not pressured chat. I told my DD's secondary that that helped if she was very distressed with me leaving. They told me 'this is secondary school - you don't do that at secondary'.

However I've been reading lots about SEN and mental health. I read a document about effective practice for DC with mental health issues by the Department of Education. It has 5 examples of interventions for DC struggling to attend school due to their mental health. One of them involves a Y7 child. In the example the child's dad comes into school with him and sits in lessons and then gradually withdraws.

So is there really any reason I shouldn't be able to accompany DD to the wellbeing room if that helps her? Such a big thing was made about the 'health and safety' of her being in reception for an extended time but this which would immediately solve it was dismissed. I'm just wondering if the school is creating barriers that don't need to be there because of their insistence ' we don't do it like that.'

They have also made a big deal about her spending any time out of class with her learning mentor but again reading that document it suggests a DC spending time outside of a class to work on emotional regulation etc.

And sorry final thing! I'm considering asking for DD to start on a part time timetable by having Wednesdays off. Then she only have 2 chunks of 2 days to deal with. Are they likely to be ok with that (school and LA)?

Unfortunately, that DfE document was written by somebody who has clearly never attended a Secondary school. That suggestion would likely result in around 30 parents coming to school everyday for tea and biscuits for two hours at the expense of the kids who actually needed to access the SENDCO and Learning Support areas. It would also mean additional staffed having to monitor and supervise the parents around the school, to the toilet, in the room instead of being with their students and then have to deal with children who didn't want their parents to leave at all.

It sounds nice, but the reality of multiple children with SEND in a secondary, the needs so many have and the lack of funding for extra staff would make it logistically nigh on impossible if not objectively counterproductive for more than just one student whose parent it was.

Without an EHCP, adjustments like DD received in primary school are unlikely to happen on an ongoing basis.

About the Wednesday off, if you mean flexi-schooling, the school doesn’t have to agree and many secondaries do not agree. If you mean a part time timetable because DD is unable to attend school full time. It should not be a long-term solution. Long term DC should either be in school full time or alternative provision made as well as/instead of full-time school unless full-time education in any form isn’t appropriate (which doesn't sound the case here especially if education in other forms hasn’t even been considered). If you get an EHCP. It could also be written in there with other provision made on a Wednesday.

I'm the only parent who brings her DC into school so wouldn't be any others. And I'm not suggesting it every day or to have tea and biscuits. Just if DD was having a particularly bad day to be able to go with her to the wellbeing room with her learning mentor. It would not be at the expense of anyone else. Noone gets to access the SENDCo anyway. And my DD does need these areas. This is a separate room to the Learning support centre or Student services. It is just a small wellbeing room. It makes no difference if I'm there if DD and her learning mentor are using it anyway. No additional staff needed to supervise me as her learning mentor would be there. No need for the toilet in such a short time. And my DD is one of her students!! And they have to deal with her not wanting me to go anyway - either in reception or in the wellbeing room. The difference being they wouldn't have to deal with it for as long in the wellbeing room.

In Primary there were many more DC that needed this and the school facilitated it. I'm not sure a Secondary with only one DC with this need can argue it is far too hard for them to facilitate, tbh.

Ok, thank you. It would hopefully only need to be a short term thing, but school aren't willing anyway. It would just help so much on particularly difficult days and save the staff a lot of time.

I don't mean Flexi schooling, I just mean a part time timetable to transition her back to school. It was something we did at her Primary. I would want alternative provision on that day. It's just Y7 has been so traumatic it will be very difficult in September.

And I'm not sure what you mean about education in other forms not being considered? By me or someone else? I think about just home educating her all the time.