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.

She was very distressed when I took her in this morning. Her Learning mentor was being lovely as usual and after about 20 minutes she agreed to go with her. We were both worried, though and so we agreed DD would try first lesson but if she was still distressed after that she would ring me.

Her LM took her upstairs to her office for a while and she calmed and then tried to take her to her class. The teacher came out to speak to DD to try and encourage her and was really lovely apparently. But DD still couldn't go in so LM took her back to her office for the rest of first lesson. She tried to encourage DD to see her friends at Break but she didn't want to. So LM wanted to phone me and send DD home as still distressed. But she has to go through management. And they decided to suspend DD! The LM was so apologetic, she can see I'm being put between a rock and a hard place! We agreed that since they removed the reasonable adjustment of DD coming in later, she is not coping at all. I said I'd bring her in tomorrow when was best for her and LM agreed with that (not that she can officially as such!)

@UndertheCedartree I told you that the school should not have reacted by giving the suspension over such thing but the pastoral care should be talking and trying to find out why she feels like that etc. and it should take place on case of any kid SEN or not. They were showing zero interest in her mental health balance and even not investigated.

I have a SEN kid ( non EHCP as he doesn't qualify) and trust me there is no excuse for insubordination just because he is on SEN register. And my child is non violent and subordinate. It is enough if he just says stupid joke to his female peer and he got to stay for 30 min as a punishment.

As I mentioned there is another child in our school that swore at headmaster and kick him and despite of EHCP he was suspended. Another EHCP was grabbing crotches of his peer as a form of controling them by fear and got punished too.

Teachers say many things what would be ideal but EHCP is not given basic on the diagnosis but basing on the needs for 1:1 assistant and other adjustments. Either your daugher would need to be 2-3 years behind at Maths and English or she would pose a danger to herself or her peers and then she would get assistant to follow her during breaks. Another case would be if a child has problems with sight, hearing and therefore needs an intrerpreter. People take councils to tribunals because it is so hard to get EHCP. I know a girl with Autism, self harm and at least 3 years behind with Maths who was declined EHCP, eent through mediation and now is awaiting tribunal.

Contact The Exclusion Project. They can help you. The school is acting unlawfully.

Despite what some think, the school must make reasonable adjustments to their behaviour policy, too.

Either your daugher would need to be 2-3 years behind at Maths and English or she would pose a danger to herself or her peers and then she would get assistant to follow her during breaks. Another case would be if a child has problems with sight, hearing and therefore needs an intrerpreter.

There are various reasons DC reasonably require 1:1. They do not have to be behind, a danger, have a HI or be VI. There are other reasons. Not all DC with EHCPs reasonably require 1:1.

Thanks so much for all your help. I'll contact them.

Our SENCO/pastoral care don’t refer to anyone. They deal with us directly and make a decision based on the best interests of my child. That has worked so well. They even persuaded a deputy head to change his decision to suspend my child over one violent reaction to an incident beyond their control. You need to take control and not just accept what the school is doing/telling you. At one point we just didn’t send our child in for over a week due to mental health reasons. All the absences were authorised and support was put in place that worked.

Bloody hell OP. I just cannot understand what the school is playing at. I’d also include your local MP in the next email!

I hope your DD is ok

I'm reading on the Coram site
What are the factors a head teacher should consider before deciding to suspend or exclude?

Contributing factors
So for this would be her mental health and her autism

Early intervention
What was put in place to help her cope with yet another change of plan?

Effectiveness
Are they trying to punish the autism out of her?

Are these good points to bring up at the reintegration meeting tomorrow?

This isn't the SENCo, it's not someone who is at that level. I have asked for the SENCo to ring me.

I'm not accepting it. But it's not that easy when the school can't meet your DC's needs and all absences are not marked as authorised! Or rather they were but then changed. I'm sending upwards of 10 emails and countless phone calls every day. Not sure how much more I can do.

I've spoken to the school nurse and she's going to see my DD tomorrow.

Good idea. Yes, she's ok now, thanks for asking.

My representation to the Governors:

My daughter has now been suspended for the second time due to her mental health and SEN.

This morning we arrived at school at 8.30. My daughter was very tired and dysregulated as the school removed the reasonable adjustment of her coming in later and changed her plan with nothing in place to help her cope. She was mentally distressed at the thought of going in to school. Myself and her amazing mentor worked with her to calm her and after 20 minutes E let me leave and she went with her mentor. We agreed I'd be called if she was still distressed by break. I felt E's mental distress was such that she shouldn't be in school however, due to the school retrospectively changing E's attendance data and the pressure from the school and LA to bring her into school no matter how unwell she is, I couldn't trust that they would correctly mark it as illness so felt no choice but to leave E at school. I wish I hadn't now as I know I let her down.

E spent some time in her mentor's office and then she tried to take her to her Music class. Despite the lovely Music teacher encouraging E she was not able to join the class. After a while her mentor realised it wasn't working and brought her up to her office and calmed her. It came to break time and her mentor encouraged E to join her friends to see if this would help. But E was not able to do this. At this point her mentor asked for me to be called. But instead of me being called to pick my daughter up due to her mental health and the afternoon session marked as illness as should have happened, she was excluded again! As this was again not due to bad behaviour but due to her unmet needs arising from her autism causing mental distress I fail to see how it was lawful.

I tried ringing both helplines as detailed on the suspension letter but neither worked. So I looked on the Coram website online. I came across a paragraph about:

What are the factors a head teacher should consider before deciding to suspend or exclude?

Contributing factors - was my daughter's mental health or SEN considered?

Early intervention - what was put in place to specifically help Ella with yet another change of plan?

Effectiveness
Are you trying to punish the autism out of her?

I do not believe this exclusion is lawful, rational, reasonable, fair, or proportionate.

I also want to again make sure that it will be made abundantly clear on E's school record that this exclusion was due to her mental distress and not due to bad behaviour.

I've cc'd my local MP in.

@BrumToTheRescue
There are various reasons DC reasonably require 1:1. They do not have to be behind, a danger, have a HI or be VI. There are other reasons. Not all DC with EHCPs reasonably require 1:1.

The whole sense behind EHCP is obtaining additional funding. That may be through the use of specialist equipment ( does she need it? I doubt it) or 1:1 learning mentor for lister by me reasons.
If it is a need for counselling the schools refer to CAMHS who organise counselling for ASD in the specialist hospital or school will offer support quicker than get out of the pocket £6k for EHCP before the council will reluctantly give anything.
If an ongoing monitoring is needed they council will look for specialist school if it is possible in the areas. They do anything to avoid another EHCP.

Our SENCO/pastoral care don’t refer to anyone. They deal with us directly and make a decision based on the best interests of my child
And that is what SEN Co and pastoral care is for. Well done on finding the excellent school for your child that meets his needs @NewASDMum
This is what should also have happen in case of OP child and not just suspend and " problem's sorted".

@UndertheCedartree

I would not include local MP at this stage. They will find your letter hostile if you do it right away and you want them on your aide. If they are not going to cooperate then you could include your local MP in the second round of communication

The whole sense behind EHCP is obtaining additional funding

No, the whole point of (the educational sections) an EHCP is that the child’s needs, the SEP they reasonably require and outcomes are set out. Additional funding in order to meet those needs, provide the SEP and thus meet the outcomes is a byproduct of that, but it is not the whole sense of an EHCP. Which is why parents should focus on the SEP in F rather than the funding.

That may be through the use of specialist equipment ( does she need it? I doubt it) or 1:1 learning mentor for lister by me reasons.

There are many other things that are SEP. Not all will have 1:1 and not all will have equipment in F. Although how on earth you can judge OP’s DD doesn’t need equipment, I don’t know. Many with ASD do need sensory equipment &/or tech/assistive tech/specialist software.

If it is a need for counselling the schools refer to CAMHS

If counselling is required for a pupil with an EHCP, a normal referral to CAMHS isn’t required. It should be detailed, specified and quantified in F. It may or may not be provided by the NHS. If it is provided via the NHS, it may not be in a specialist hospital. It is rare for schools to provide long term MH therapies to the level required by many DC with the needs OP describes. Parents often have to appeal, but that doesn’t change any of the above.

If an ongoing monitoring is needed they council will look for specialist school if it is possible in the areas. They do anything to avoid another EHCP.

An EHCP is required for specialist schools. Not all DC who require ongoing monitoring are in or need SS. Just because LAs try to avoid issuing EHCPs doesn’t mean it is lawful or the parents should accept it without challenge.

OP, focus on the suspension being unlawful and discriminatory.

If DD can’t attend school full time because of her SEN/MH, have you requested alternative provision?

@BrumToTheRescue
No, the whole point of (the educational sections) an EHCP is that the child’s needs, the SEP they reasonably require and outcomes are set out.

Nobody applies for EHCP if there is no need for funding for resources or assistance. The whole point of EHCP is to provide a plan to justify additional funding.
The council will not grant EHCP if the needs are met by the school, and no additional funding is required

If a child needs EHCNA only then it is not called EHCP. Please do not confuse it.

Many with ASD do need sensory equipment &/or tech/assistive tech/specialist software.
And you are convinced that they need the EHCP for it? The schools have already access to it. Every school has many ASD kids.

If counselling is required for a pupil with an EHCP, a normal referral to CAMHS isn’t required.
We are talking about ASD counselling and not for any pupil. Any pupil gets counselling provided by school or run by Council like here where I live Achieving for Children. When it comes to ASD it is done by the specialists like CAMHS or specialist intevention units for ASD and not organisations run by Council.

I haven’t confused an EHCNA with an EHCP. You on the other seem to be because no one can apply for an EHCP. They request an EHCNA.

The funding is not the whole point of an EHCP. The whole point of (the educational sections of) an EHCP is to have needs, SEP, outcomes set out. Additional funding is a byproduct of those being set out. An EHCP could have £40k attached to it, but unless the SEP is detailed, specified and quantified in F the child may not receive any provision because it is the SEP detailed, specified and quantified in F that is legally enforceable.

It is possible to get an EHCP when the school could do more than won’t. Yes, parents may have to appeal, but that doesn’t change the fact it is possible.

Assistance does not equal 1:1.

Many schools don’t have the sensory equipment and tech/assistive tech/specialist software DC with SEN reasonably require. However, I didn’t say an EHCP was needed for it. I was challenging you posting “use of specialist equipment ( does she need it? I doubt it)” when you can’t possibly know that.

My DD has/had an EHCP at college.
She doesn't need 1-1 nor equipment. She already had extra time before the EHCP.

She needs various adjustments in and out of class, and more regular access to learning support and counselling than college would provide without it. It made all the difference between not coping and succeeding.

I haven’t confused an EHCNA with an EHCP. You on the other seem to be because no one can apply for an EHCP. They request an EHCNA.

Yes you did by implying that EHCP is to set up needs. EHCNA states the needs. EHCP is granted only if funding is needed. You don't understand the difference

Any parent can apply for EHCP directly with council or through school. But it doesn't mean that every applicant is receiving it even with tribunal.

“use of specialist equipment ( does she need it? I doubt it)” when you can’t possibly know that.

We know it is ASD and specialist equipment for this is not something for individual use like e.g. wheelchair or personal school transport. If there is such problem with mental health that physically healthy child cannot attend school they address it in different way: homeschooling with the school support or specialist school

We are talking about ASD counselling and not for any pupil.

I didn’t say otherwise. In fact, I specifically mentioned EHCPs which clearly isn’t for any pupil.

Any pupil gets counselling provided by school or run by Council like here where I live Achieving for Children.

This depends entirely on the school and area. Not all schools offer counselling. Not all areas have a counselling service available to all. Certainly not ongoing and without a very lengthy waiting list.

When it comes to ASD it is done by the specialists like CAMHS or specialist intevention units for ASD and not organisations run by Council.

I didn’t say it was provided by organisations run by the council. What I said is it should be in F and a normal referral to CAMHS isn’t required. This is true. They aren’t the same things.

If it is in F a) you don’t need a normal referral and to sit on the normal waiting lists because it must be provided regardless of any normal referral process or waiting list, b) it is ultimately the LA who is responsible for it, and c) it isn’t always provided by CAMHS or specialist hospitals. Sometimes it is outsourced to independent professionals and sometimes LAs buy in packages of support from outside agencies.

I’m not the one who doesn’t understand the difference. I didn’t confuse the two. Section B of an EHCP is the section that sets out a pupil’s special educational needs. The SEP in F is to meet the needs in B. If B is poor, F will be poor too. The needs assessment prior to an EHCP being issued is not the same thing, although informs the content of B&F (and other sections).

Parents request an EHCNA, they don’t apply for an EHCP.

We know it is ASD and specialist equipment for this is not something for individual use

This demonstrates such a lack of understanding. Some with ASD do need specialist equipment such as sensory equipment, or tech/assistive tech/specialist software. Other examples of equipment may be a standing desk or an anti fatigue standing mat for e.g. DT or ear defenders.

If there is such problem with mental health that physically healthy child cannot attend school they address it in different way: homeschooling with the school support or specialist school

I haven’t said otherwise. Although if it is inappropriate for the provision in an EHCP to be made in a school setting (other than for a temporary period of ill health) case law dictates a school not to be attended must not be named in section I. Section aid should be blank for EOTAS/EOTIS (with or without a C on the end).

No, I've not. Do I request that from the school or the LA?

My DD is on the waiting list for the school counsellor for this reason CAMHS didn't accept her referral.

That's good to hear. My eldest is autistic too. He has reasonable adjustments at college which work well for him too.

I didn’t say otherwise. In fact, I specifically mentioned EHCPs which clearly isn’t for any pupil.

Never heard of EHCP granted just becauswe a child needs counselling. Never. That would be amazing to learn that EHCP was placed only to fund counselling. Or that a tribunal was won only because of counselling needs. Counselling is always provided for free if there is a real need and EHCP is not needed to get it - CAMS for specialist, specialist units from St George's London hospital Mental Health unit, or like Achieving for Children at a council level, and many other options are provided by referral. Nobody gives EHCP to fund what is free in UK for kids with ASD

Some with ASD do need specialist equipment such as sensory equipment, or tech/assistive tech/specialist software.

This demonstrate lack of experience. The equipment as such is not for individual use but shared school property that can be allocated for specific pupil during his her stay at school. I have never ever heard about EHCP won solely over... software and inexpensive sensory tools. There is a budget in every SEN department for this. There is no need for EHCP for that.

I will pass here because I read some absurd examples that nobody is granted EHCP for. Goodnight