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.

As a pp has said, I am not sure why they are telling you to write to the governors? The legislation says "106. In the case of a suspension which does not bring the pupil's total number of days of suspension to more than five in a term, the governing board must consider any representations made by parents, but it cannot direct reinstatement and is not required to arrange a meeting with parents"

assets.publishing.service.gov.uk/media/64ef773513ae1500116e30db/Suspension_and_permanent_exclusion_guidance_september_23.pdf

So you can write to the governors but they can't change the decision. What you could do is highlight to them that she didn't actually do anything wrong but was distressed during to mental health and that the correct course of action would have been to note an authorised absence for medical reasons..... And perhaps stop giving you a hard time for attendance when she is unable to attend due to medical reasons. This may highlight the lack of support within the school. You can link to

assets.publishing.service.gov.uk/media/5ce6a72e40f0b620a103bd53/supporting-pupils-at-school-with-medical-conditions.pdf

And

assets.publishing.service.gov.uk/media/65f1b048133c22b8eecd38f7/Working_together_to_improve_school_attendance__applies_from_19_August_2024_.pdf

I'm really glad you posted this as I have an autistic girl about the start high school. I think initially I would have been shocked by the suspension but there are some helpful replies here.
In my letter to the governors I'd ask if there are any alternative options. And then you can consider the pros and cons of each.

I would write to governors. Clearly there was a psychological issue in that moment and head of pastoral even didn't show up. They should let her go home as she clearly had a breakdown. ASD is not reacting by crying but inside a lot may be going on.

It sounds like you are very focused on the negative connotations of an unauthorized absence or suspension on her record (understandable). But by having these wouldn’t that show that she has serious problems and needs help to stay in school? Might that not lead to more support? Ultimately she needs to be in school, and pass her GCSEs, and she can’t go through 5 years of refusing to go in. Kids with issues on their records are more likely to get referrals which may lead to more help.

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This.

As well as IPSEA, contact The School Exclusion Project.

Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies.

Gosh really?!

The 2 I work with are incredible and really advocate for the kids and are very clued up on the law. I'm surprised to hear otherwise. Their literally role is to provide advice and information to people in positions like the OP (ours is very hot on unlawful suspensions and putting in place ehcp/appropriate support)

Who has "asked" you to write to the governors? You said earlier that "they" said you can "make a statement" to governors and I'm confused about who has said what to you.

The governing body, as others have said, cannot overturn this suspension, so any letter you write to the chair of governors (which is the person you'd actually write to) needs to have some other purpose.

Do you want to make a complaint about how this was handled? If so, you need to go via the school's complaints policy and your complaint would go to the headteacher in the first instance.

Your the OP that's been having problems in other ways no? The school trip etc? I'm flabbergasted they've now decided to start doing this instead.

I know you like the school but quite honestly I've never known anything like it. I feel like things are taking an awful turn for you and your DD. I wouldn't be suprised if they soon want her to be placed elsewhere. They can't suspend a child for being upset, honestly I'd be raging and at the council first thing tomorrow.

Yes, really.

It really isn’t surprising to anyone within the SEN community. You only have to read MN to see that.

As I said, in some areas SENDIASS are good, but in too many areas they are not and toe the party line.

Sorry OP but this school can't meet her needs. They are clearly showing they cannot meet her needs, by sending her home. I wouldn't be surprised if very soon they tell you and the council that they cannot meet her needs and that's because they cannot. I also think it's strange you've been asked to write a statement to the governors was this by the school or someone else?

You've had issues after issue the senco basicly made out to you that there was only so much they can do for her as a mainstream school. The writing is on the wall.

I feel for you, your doing absolutely everything possible to get her into school and are met with this excluding her because they can't persuade her into school Or manage her condition appropriately. She needs a needs assesment and far more funding than she's currently getting at the very least.

If you haven't contacted IAS then you really need to they are there to help with the legalities like her attendance and mediation with the school etc.

I did ask if we could go away and come back after lunch but they said no.

Maybe, I'm not sure.

@BrumToTheRescue gosh what a shame 😔.

Yes I am quite involved in local SEN community as a parent as well hence the genuine surprise. I am really sad they aren't fulfilling their role as it is literal advice and guidance and they are supposed to have knowledge of the law and ehcps as part of the job. They're who you pull in to a team meeting when you need advice from people who know the rules here!

It's the LA case officers here who are often not that much use!

Parents should still make representations even for suspensions less than 5 days because it builds evidence of a picture of need.

@GeneralMusings sadly, that isn’t the case in far too many areas. In many LAs SENDIASS and the LA are equally useless and just as likely to spout unlawful nonsense.

Why though? Did they explain the suspension was so her attendance wouldn't be affected?

In your statement make sure you include that you didn't want to take her home and when you said that they suspended her instead, that will go in your favour at any attendance hearings. Also include that you asked to take her home calm her down and come back and that was declined aswell.

We quoted the Equality Act 2010
Also For a child to be lawfully excluded or suspended for a behaviour resulting from her disability, it must be evidenced that her needs are met. Reasonable adjustments or best endeavours etc are not the correct test with a disabled child- their needs must be met or the exclusion would be unlawful.

I wish I'd applied for the assessment earlier but the school told me she'd not get an EHCP and they could meet her needs. The SEN department are still saying it will be hard to get her one, but the Head is adamant she needs one.

At the attendance meeting the person from the LA just kept going on about this is a mainstream school, this is what high schools are like etc. What do they expect me to do? She won't get a special school place, according to the SENCo it will be difficult to get her an EHCP, bt chaut her needs are her needs - we can't change that! So where is she to go?

And thank you for the advice it's very helpful.

The senco is wrong OP, I think it's disgusting. I know I'm annoying but both my friends kids have ehcps and one of the girls is exactly like your DD and is in a specialist school. She had to fight for a year and kept her off the mainstream school because she couldn't handle going In she was exactly the same as your DD. Please contact IAS for help and stop listening to this teacher.

Specialist schools will not send her home like this or record attendance in this way if she did need to go home. They are deliberately lowering your expectations to stop you getting what your daughter requires because it's in short supply. That's not your DDs fault she has rights.

She can't say we're a mainstream school there's only so much we can do and then in the next breathe say we can meet her needs here. They clearly can't if she's now being excluded.

@UndertheCedartree our 7yo dd doesn't yet have a diagnosis. We were told by the school's senco that she didn't believe we'd get an ehcp. Our dd masks and it got to the point of school avoidance (6 weeks total off school) before they'd take us seriously. We applied for an ehcp needs assessment ourselves and were initially refused - this is the local authority's default position I gather. We appealed and got one. Keep fighting on behalf of your dd, the headteacher is right she needs that ehcp in place. Good luck.

I'd also be tempted to put in a complaint about what you've been told about 'this is mainstream, get used to it' (I paraphrase). That's a terrible attitude. Lots of kids can thrive in mainstream with more understanding of their needs and support to build the skills they lack. Not all of them need a specialist setting (though I accept that there are many in mainstream who would.benefit from more specialist support).

She had a lovely first lesson and finished her sewing for her lemon keyring. But then in second lesson they were told they have an assessment next lesson which put her in a tailspin. She is so scared of assessments. She also thought it was outrageous that they were having assessment in their last week as to her mind it should all be fun! 😂 Then her last lesson was a substitute which really unsettled her so she came out distressed. We were on the train and I could hear all the other girls chatting and laughing with their friends, my DD can't even travel to school alone - it just breaks my heart for her to be so sad.

Thanks so much