She should be provided with an alternative education

[mychilddeservesaneducation]

(NC in case this is outing with links to previous posts).

DD is about to start year 10. Due to trauma relating to bullying, she's been refusing school for almost a year (she has panic attacks and can't cope with being in lessons / corridors / assembly halls etc). When this first started, we asked the school to consider allowing her to work in a small room or something but they refused. It's normal timetable or punishment for 'truancy' (even if she's in school they count it as 'internal truancy' if she doesn't turn up to a lesson, which happened frequently as she was hiding in the toilets crying as she was too scared to go in).

She's basically had no education since almost this time last year, except a few workbooks at home that we've bought. School won't set work if she's not in school, they won't offer small group teaching if she is in school and for the last term, we stopped sending her in as the stress and punishments were making her severe anxiety worse. Their line is she needs to be in school and in lessons and if she's not, it's an unauthorised absence. We've been threatened with court for her poor attendance.

We've had limited support from an attendance key-worker and have tried a phased return to school a few times but failed as she just panics. The GP hasn't been able to help much and CAHMS refused a referral request. We've paid for some private counselling but can't afford to continue.

After so long, should the school (or council?) not be offering an alternative education for her like online tutoring or pupil referral unit (not sure if this is appropriate to her needs)? The school will just not help at all. We cannot afford online schooling and DH and I have to work full time to pay the bills, so home Ed would be difficult too. I'm so stuck as to where to turn and any advice will be much appreciated.

Yes she's mainly been home alone for the last term. In the first months of this, we were dragging her to school on a part time basis to (unsuccessfully) try and get her in (which used up most of our annual leave for this year).
It's not ideal and I'm not keen for it to continue. So far, she's not had access to any proper learning as her school wouldn't allow her to access their work when she was at home. We've bought a few workbooks and she's used BBC Bitesize etc but it's not proper learning. We cannot afford a more structured online programme nor can we afford for one of us to give up work / reduce hours to be home to assist her with home Ed (she's not very motivated and needs encouragement to do the work).

Thank you ☺️.

I feel for you and your DD. I doing the LEA will do anything. Could you put school fees for online schooling onto a zero interest credit card and pay off gradually over a number of years? Any family who could contribute. I know two families who did the online schooling as their DC couldn’t cope in mainstream. But it’s not cheap as you know. But I’d do all I could to try and pay for it

Op any updates?

Nope! I had an email from the LA last Tuesday to confirm that my email (requesting alternative education under s19) had been received, but nothing since. I have tried to chase but was just told that my enquiry is in the system and will be dealt with in due course.

Unfortunately with our income, we wouldn't be eligible to get sufficient credit to put 2 years' worth of fees into a credit card. My current credit card has a limit of £1200 so wouldn't even pay for the first term!

Legally, yes they should provide suitable alternative education. Even with medical evidence they're not allowed to insist on things (like my LA did) like 'evidence myst come from a Tier 3 CAMHS consultant' [from a particular service that didn't exist yet!!!].

Honestly, is there any way you can home educate her? I know that's giving up, I know it's what these mainstream schools want and have been doing for decades, and I know that legally you don't have to do this, but in my experience it does often just make everyone happier and stabilise the situation.

I'd also strongly suggest sending in this letter ASAP to Director of Children’s Services at LA to cover yourself re prosecution and get ball rolling on alternative education: https://www.ipsea.org.uk/asking-the-local-authority-to-arrange-alternative-education-model-letter-22

The evidence can include: dates of GP visits, date CAMHS referral sent, details of the private counselling you sourced, a couple of specific incidences with your daughter at school, any pastoral meetings she has had at school.

Yes. You've written exactly how I feel. Sadly at least two children from the same school have ended their lives in the past year.

Bloody hell!!! I'd be looking into taking this higher and higher if I were you!

I did that a week ago. Unfortunately I've had no response yet (besides an email to confirm they'd received it).

Sorry, I hadn't read the full thread. Nightmare- the no response thing happened to us with these letters too.

I think if you follow the LA complaint process (probably go to a "stage 2 complaint" now), eventually you can go to the Ombudsman who will investigate and potentially offer a small amount of compensation. Doesn't really help your DD though who's now missing her GCSE years.

As anxiety can be a disability and the school is failing to provide reasonable adjustments under Equality Act 2010 (such as access to smaller groups, relaxing of truancy policies, changing classes, providing work when she is out of school), could you complain to the school it's disability discrimination? It might actually be faster than attempting to go down SEN routes.

I'd speak to your local IASS (Google '[Your LA area] IASS') for free, impartial, legally trained advice.

Going through the normal complaints process is not a reasonable remedy in this situation. It is far too slow. Chase the LA again. Email the Director of Children’s Services reminding them of their legal duty and the timescales. Inform them if they fail to provide provision ASAP, you will be forced to pursue judicial review proceedings. If that doesn’t work, you will need a pre-action letter. SOSSEN can help with this, but there is a wait so you may want to look elsewhere.

Be careful with SENDIASS. Some are good, but many are not. Many repeat the LA’s unlawful policies. They receive LA funding so aren’t completely independent and many will ultimately toe the party line.

This is all true. Our SENDIASS has been great but it is still clear how close they are to the LA.

I'd only add though that I've threatened JR several times and it's done nothing because LAs know lots of parents don't have the resources to instruct solicitors to fight JR. I've always been told you don't need legal representation for tribunal (done this myself several times) but you really do for JR??

@BackForABit threatening JR doesn’t always work, which is why I said if that doesn’t work, OP needs a pre-action letter.

For JR proceedings themselves, for failure to provide section 19 provision, the proceedings are in the child’s name. Therefore, DC can be assessed for legal aid in their own right.

That doesn’t cover the pre-action letter. For that, it is in the parent’s name, so they are only eligible for legal aid for the pre-action letter if the parents meet the financial eligibility criteria. SOSSEN’s pre-action letters are free of charge for failure to provide section 19 provision - although there is a wait.