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Original poster

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

265 replies

UndertheCedartree · 08/07/2024 11:47

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.

OP posts:
fernfriend · 08/07/2024 20:04

www.ipsea.org.uk/exclusion-from-schools-statute-law-regulations-and-guidance

This page has links to government guidance for exclusions.

The statutory guidance (September 2023) is clear that schools must demonstrate that they have not simply excluded your daughter because they cannot meet your daughter's needs. It is unlawful to do this and the Governing Body must use their 'best endeavours' to ensure she has equitable access to her education

Castleview6 · 08/07/2024 20:08

UndertheCedartree · 08/07/2024 14:28

They can't just send her home. That would be an illegal exclusion. If I take her home that's an unauthorised absence which they are on my back about. They gave me no choice!

Show quote history

So what was school’s choice? As her parent you took her to school so thought she was fit and well to attend. Your daughter refused to go to school and you wouldn’t take her home as school, correctly, said it would be unauthorised. She refused to follow instruction to go to class. What else could they do except a half day suspension? They won’t have enough staff to sit with her all day while she refused to go to class and you refused to take her home. Not sure what else you expected them to do.

Original poster
UndertheCedartree · 08/07/2024 20:09

Octavia64 · 08/07/2024 19:54

The phrase expel isn't really used any more,

They say either temporary or permanent exclusion.

So with students who have needs similar to your daughter's, it is common for schools to ask parents to take the child home if the child is distressed.

Legally this is not permitted - it's an illegal exclusion because a student should be in school unless illness/school trip etc and if they have asked you to take the child home the only legal reason is because they have been suspended/temporarily excluded.

If the child has been suspended/temporarily excluded there is usually paperwork and at least in secondary it is usual for there to be a meeting with parents, child and pastoral team (re-integration meeting) to discuss the situation.

Dfe advice for parents here:

www.gov.uk/government/publications/school-exclusions-guide-for-parents/a-guide-for-parents-on-school-behaviour-and-exclusion#what-happens-if-your-child-is-suspended-or-permanently-excluded

Obviously this is problematic and you are now stuck between two bad places because if you take her home they record it as unauthorised absence and if you don't they'll suspend her and you take her home and she has a suspension on her record.

In terms of the EHCP, the more suspensions on her record the more obvious it is the school are not meeting need and therefore she needs additional support,

Schools can permanently exclude (expel) a student, and it is possible to do this for repeated behaviour that triggers suspensions. Most schools try hard not to do this with SEND students (unless it really is incredibly obvious that needs are not being met and the student is putting themselves and others in danger).

If the school does this, there is a lot of paperwork and you do have a right to appeal. The local authority then takes on responsibility for her education (after I think 5 or 15 days) and needs to find her another school.

Many counties have agreements not to permanently exclude (expel) and will instead do what is called a managed move where they essentially swop a student with another school. So your child would have a different school they could try.

But they do ask you to take your child home if they are ill?

We didn't have a reintegration meeting as we already had an attendance meeting that morning.

She won't be going to another school. It is this or home education.

OP posts:
BrumToTheRescue · 08/07/2024 20:10

Don’t rule out another school (mainstream or special, state or independent) or EOTAS once you get an EHCP.

Original poster
UndertheCedartree · 08/07/2024 20:12

Lougle · 08/07/2024 19:57

Who says she won't get a special school place?

DD2 -ASD, anxiety, intelligent but found it hard to learn in a mainstream school. School refusal started in year 9. Completely fell apart in year 10. Reduced timetable and concessions in January of year 10, then completely out of school by March of year 10. SEN department refused to apply for an EHCNA, so I did, using, in part, attendance data and notes made on CPOMs that I obtained via a Subject Access Request. In September of year 11, she had an EHCP naming a specialist independent school (3:1 ratio) and deceleration to year 10. Then when that failed, she had an EOTAS package for a year. Now, in year 12, she is going to another specialist setting that gives bespoke curriculums with 1:1 support throughout the day.

DD3 - anxiety, OCD, and most likely ASD. Super high achiever (still get 'Oxbridge potential' emails despite being out of school since last year). School refusal started in year 9, support put in place but difficulties arose. Deteriorated in year 10, completely out of school by November of year 10. EHCNA supported by school, but they were slow, so I did it. Specialist setting that gives bespoke curriculums with 1:1 support throughout the day lined up for September.

Your DD needs more support
It is shameful that they didn't authorise absence and send her home. My DDs never once got an unauthorised absence.

Show quote history

As I said above we had to fight for my nephew who is non-verbal, global developmental delay, still in nappies, only just walking, age 4 but like a 2 year old or younger. They wanted him in mainstream.

OP posts:
Original poster
UndertheCedartree · 08/07/2024 20:13

BrumToTheRescue · 08/07/2024 20:03

It isn’t strange for parents to make representations to the governors following a suspension.

What you have posted would not meet the lawful threshold for permanent exclusion. The school cannot unlawfully off roll DD either. The school can’t just say they can’t meet DD’s needs and remove from the roll. It doesn’t work like that.

Ignore the SENCO and attendance officer. You may have to appeal, but an EHCP, and SS if required, are possible.

Thank you, that's reassuring.

OP posts:
BrumToTheRescue · 08/07/2024 20:15

You may have appeal but a special school is possible if mainstream isn’t suitable.

Original poster
UndertheCedartree · 08/07/2024 20:16

Castleview6 · 08/07/2024 20:08

So what was school’s choice? As her parent you took her to school so thought she was fit and well to attend. Your daughter refused to go to school and you wouldn’t take her home as school, correctly, said it would be unauthorised. She refused to follow instruction to go to class. What else could they do except a half day suspension? They won’t have enough staff to sit with her all day while she refused to go to class and you refused to take her home. Not sure what else you expected them to do.

Show quote history

Except it's not correct because she needed to go home due to her mental health. Yes, she was ok at home, but clearly not at school!

And please RTFT - it is not about what I expected them to do! 🤦

OP posts:
Lougle · 08/07/2024 20:22

UndertheCedartree · 08/07/2024 20:12

As I said above we had to fight for my nephew who is non-verbal, global developmental delay, still in nappies, only just walking, age 4 but like a 2 year old or younger. They wanted him in mainstream.

Show quote history

That's slightly different though, because a proportion of children with significant delays at the age of 4 will make significant progress, and it's often unclear which children will. DD1 has GDD and had 1:1 in preschool, as did another girl the same age. DD1 went to special school and has always needed significant support. The other girl closed the gap enough to remain in mainstream and just have some limited support.

You have evidence that an ordinary school provision isn't meeting your DD's needs.

Lougle · 08/07/2024 20:24

Just to be clear, I was told that DD2 absolutely didn't meet the criteria for an EHCP by the SENCO. She was so sure that she refused a direct request by an Assistant Head to help me apply for one. She was adamant that DD2 didn't qualify.

Castleview6 · 08/07/2024 20:29

UndertheCedartree · 08/07/2024 20:16

Except it's not correct because she needed to go home due to her mental health. Yes, she was ok at home, but clearly not at school!

And please RTFT - it is not about what I expected them to do! 🤦

Show quote history

So why didn’t you say ‘I’m taking her home now as she is not well enough to be in school.’ Then you would have made the decision and, if they chose to code it as an authorised, you could discuss this with them . I’m not sure why you don’t want an unauthorised code so much.

It is relevant to you post as I’m unsure what you want to write in you governor statement. Are you writing the suspension is not legal? It is and school had no option but to issue it.

Original poster
UndertheCedartree · 08/07/2024 20:42

Lougle · 08/07/2024 20:24

Just to be clear, I was told that DD2 absolutely didn't meet the criteria for an EHCP by the SENCO. She was so sure that she refused a direct request by an Assistant Head to help me apply for one. She was adamant that DD2 didn't qualify.

I had the SENCo and the Ed Psych telling me - she won't get an EHCP just because she has autism! 🤦

But DD is so happy at school for a good proportion of the time that I think with a bit more support she could thrive.

OP posts:
Original poster
UndertheCedartree · 08/07/2024 20:45

Castleview6 · 08/07/2024 20:29

So why didn’t you say ‘I’m taking her home now as she is not well enough to be in school.’ Then you would have made the decision and, if they chose to code it as an authorised, you could discuss this with them . I’m not sure why you don’t want an unauthorised code so much.

It is relevant to you post as I’m unsure what you want to write in you governor statement. Are you writing the suspension is not legal? It is and school had no option but to issue it.

Show quote history

Have you read my posts?? Because I have the school and the LA on my back about unauthorised absences!

No, I'm not writing it is not legal!! Read the thread and all your questions will be answered!

And as I said the school did have an option!

OP posts:
BrumToTheRescue · 08/07/2024 20:45

Parental representations following suspensions is an important part of building a paper trail to evidence unmet needs.

It is important to challenge unauthorised absences because unauthorised absences often lead to LAs and schools using scare tactics threatening parents with legal action despite their child being unable to attend school. Not to mention the attendance register should comply with the law.

Although the suspension wasn’t lawful. Schools cannot suspend because they cannot meet needs. Neither can they suspend because of something their parents did or didn’t do.

Mummy2024 · 08/07/2024 22:10

UndertheCedartree · 08/07/2024 19:07

Well, it shouldn't have been unauthorised as it was down to illness. However, what I challenged them on was illegally excluding her.

I have been told to send a statement to the governors if I so wish. I'm not after achieving anything except a paper trail, really.

Show quote history

Completely the right thing to do OP, keep refusing to take her home and let them keep doing it. When they try to take you to court for attendance it will all go in your favour and they will be taken to task for not doing better.

Mummy2024 · 08/07/2024 22:13

UndertheCedartree · 08/07/2024 20:42

I had the SENCo and the Ed Psych telling me - she won't get an EHCP just because she has autism! 🤦

But DD is so happy at school for a good proportion of the time that I think with a bit more support she could thrive.

Show quote history

They need a new senco...

Mummy2024 · 08/07/2024 22:21

UndertheCedartree · 08/07/2024 19:25

Yep! You recognised me!

What would you do at the council?

Show quote history

Put in a complaint to the education department that they are on your back about attendance and when you refused to take her home they excluded her.

The council can't possibly fine or prosecute you given they've now done this and I'm confident they will be straight in touch with that school for an explanation it will also help your ehcp if the school won't support you, as its the same department. I'd be straight in there OP

Original poster
UndertheCedartree · 08/07/2024 23:13

Mummy2024 · 08/07/2024 22:21

Put in a complaint to the education department that they are on your back about attendance and when you refused to take her home they excluded her.

The council can't possibly fine or prosecute you given they've now done this and I'm confident they will be straight in touch with that school for an explanation it will also help your ehcp if the school won't support you, as its the same department. I'd be straight in there OP

Edited
Show quote history

I've tried ringing and left messages. I'll try and ring tomorrow.

OP posts:
Original poster
UndertheCedartree · 08/07/2024 23:13

Mummy2024 · 08/07/2024 22:32

https://www.senexpertsolicitors.co.uk/site/services/services-for-parents/special-educational-needs-types/anxiety-disorder/

I wanted to share this to let you know this teacher is wrong. It's not ok for her to mislead you and try to prevent your DD getting the extra help and adjustments required. She has a disability and she has rights under law.

Thank you so much

OP posts:
NewASDMum · 09/07/2024 07:34

Our absence yesterday went down as authorised. We have the same issue this morning so I doubt my child will make it in again today. Re a letter to the governors explain factually what happened, why you took her home and that the absence should have been marked as authorised due to her mental health issues. She wont be expelled on the basis of this.

Original poster
UndertheCedartree · 09/07/2024 07:38

NewASDMum · 09/07/2024 07:34

Our absence yesterday went down as authorised. We have the same issue this morning so I doubt my child will make it in again today. Re a letter to the governors explain factually what happened, why you took her home and that the absence should have been marked as authorised due to her mental health issues. She wont be expelled on the basis of this.

Thank you.

OP posts:
Original poster
UndertheCedartree · 09/07/2024 15:41

I just spoke to the SEN department at the council. They told me 'she shouldn't really have been suspended.' And to pretty much just take whatever the attendance person from the council says with a pinch of salt.

OP posts:
Mummy2024 · 09/07/2024 16:23

UndertheCedartree · 09/07/2024 15:41

I just spoke to the SEN department at the council. They told me 'she shouldn't really have been suspended.' And to pretty much just take whatever the attendance person from the council says with a pinch of salt.

Ask them for that in writing so you can take it to court 😆. Its easy for them to say isn't it OP, It isn't them that could fall foul of the law.

Just gather all the evidence that you can, and keep refusing to take her home.

How lazy of them to say "she shouldn't have really been suspended" it's disability discrimination is what it is and they sit back and do nothing.

Mummy2024 · 09/07/2024 16:29

Castleview6 · 08/07/2024 20:08

So what was school’s choice? As her parent you took her to school so thought she was fit and well to attend. Your daughter refused to go to school and you wouldn’t take her home as school, correctly, said it would be unauthorised. She refused to follow instruction to go to class. What else could they do except a half day suspension? They won’t have enough staff to sit with her all day while she refused to go to class and you refused to take her home. Not sure what else you expected them to do.

Show quote history

What she expected them to do was get in suitable help to give her daughter an education.... if they can't meet her needs they need an EHCP which they are saying she doesn't need as they "can meet her needs" apparently.

Except what they are acctually doing is unlawfully withholding education from this child, whilst refusing to apply for the EHCP required, to give her access to the education she is entitled to.

They've illegally excluded her today instead of allowing her mum to take her home and try again later.... this Is a reasonable adjustment which was refused and an illegal exclusion has been applied instead. I'd have them in court tbh