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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To tell Children's Services it is a malicious referal from school

648 replies

UndertheCedartree · 20/09/2024 21:48

So DD's school have today told me they are referring us to Children's Services. Ever since I made a complaint they have been trying to off roll her. They are not putting in proper support for DD leaving her struggling and then not wanting to go in the next day. Apparently this is all my fault. I feel this is just another tactic for me to be so fed up with the school I pull her out.

OP posts:
NowImNotDoingIt · 21/09/2024 21:22

Well an EHCP isn’t the first port of call, it’s usually more appropriate to start with a referral to children’s services for support… maybe last year they didn’t feel even that stage had been reached yet. I realise I haven’t rtft but I did read several pages before posting… just checked and OP has drip fed over dozens of posts which I don’t have time to read. So only going on what she chose to tell us upfront.

With a diagnosis and a school struggling/unable to meet needs? It absolutely is.

I bet their reluctance had more to do with them not having anything in place for her when the paperwork goes through than it not being "first port of call".

UndertheCedartree · 21/09/2024 21:23

Lougle · 21/09/2024 21:07

Have you used IPSEA's Template Letter 1 to request an EHC Needs Assessment. If you haven't, you need to do it ASAP. DD3 was struggling at the same stage as your DD, and she is now in a specialist school. I applied for her EHCNA in November 2023.

I just applied online for her needs assessment.

OP posts:
Autumnismyfavouritetimeofyear · 21/09/2024 21:25

UndertheCedartree · 20/09/2024 22:11

I can't think what else they are doing. How is it my fault they don't/can't meet her needs at school? But if they do this they think I'll take her put of the school.

There is a type of referral called an emerging needs referral - it is not about abuse or mistreatment, but to identify a childs needs and look at ways to meet them. So if school is not going well, there may be a good reason to look at what may be available to support her and you. That is not a malicious referral - it is looking out for the best interests of the child.

UndertheCedartree · 21/09/2024 21:25

AlleycatMarie · 21/09/2024 21:08

@UndertheCedartree you don’t need school to refer for an echp needs assessment. Put it in writing to your local authority that you want this and they have a statutory duty to assess.

I already have and we got a decision not to assess which I'm appealing.

OP posts:
UndertheCedartree · 21/09/2024 21:26

NowImNotDoingIt · 21/09/2024 21:22

Well an EHCP isn’t the first port of call, it’s usually more appropriate to start with a referral to children’s services for support… maybe last year they didn’t feel even that stage had been reached yet. I realise I haven’t rtft but I did read several pages before posting… just checked and OP has drip fed over dozens of posts which I don’t have time to read. So only going on what she chose to tell us upfront.

With a diagnosis and a school struggling/unable to meet needs? It absolutely is.

I bet their reluctance had more to do with them not having anything in place for her when the paperwork goes through than it not being "first port of call".

That is it, I think.

OP posts:
Meltdown247 · 21/09/2024 21:28

UndertheCedartree · 21/09/2024 21:18

They MUST but they don't. They are a single academy trust.

But if I complain about them not following their complaint procedure won't they just hate me more and make life even harder for me?

Is there anyway you can speak to a SEN governor? I know there is always a big thing about not contacting them directly. Maybe I'll have to write a recorded letter to the governor secretary? (sorry can't remember her title) asking if I can speak to the SEN governor.

if you have followed all the processes to the letter and not been abusive / rude or made unfounded allegations at any stage, then you have nothing to worry about. Keep all the correspondence. Give them
one more chance for a face to face meeting and explain that you have followed the statutory complaints procedure to the letter, if you get nothing then talk to your MP and write to the County / LEA Governance team.

If you know who the parent governor is, then try to talk to them
in the playground at drop off / pick up. Just always be polite and professional, even in adversity.

noodlebugz · 21/09/2024 21:30

UndertheCedartree · 21/09/2024 18:23

It's so strange they take such personal offence at a complaint being made.

I honestly don't know whether to drop my complaint or continue to pursue it. It's made difficult by my email address being blocked so don't know how to get hold of the governor person. But how independent are they really?

Do you have a work email you could use? What is the next stage in the complaint? LA or is there an omburdsman? Perhaps try the work email with a timeframe stating you already submitted your complaint to the governors on x date and haven’t heard, haven’t been able to communicate and ask for a formal response by x date (28 days?) and then just take it fiurther.

Your school need it’s own equivalent of led by donkeys to keep them to account they’d have a field day.

Im sorry DD / you are being put through so
much shite! My eldest is 5, we are awaiting an autism diagnosis for me and her so will have all this to come!

UndertheCedartree · 21/09/2024 21:31

Autumnismyfavouritetimeofyear · 21/09/2024 21:25

There is a type of referral called an emerging needs referral - it is not about abuse or mistreatment, but to identify a childs needs and look at ways to meet them. So if school is not going well, there may be a good reason to look at what may be available to support her and you. That is not a malicious referral - it is looking out for the best interests of the child.

That's not the type of referal they have made though. I have got a lot of professionals supporting us. Most I organised myself but the school did get an Ed Psych to do a report. And this is probably the most important report in showing I've done nothing wrong. But I'm sure all the other professionals I've asked for help and that are supporting us will be a good indicator too.

OP posts:
NowImNotDoingIt · 21/09/2024 21:33

@UndertheCedartree my advice would be to take the meeting , show them all the paperwork, reports, correspondence with school where they admit they can't meet needs, their "plan" everything. Ask for their help with the ECHP. Ask what funding/resources are available for your DD. Even more importantly ask if they work with schools that would be a better fit for your DD and would they support the move.

No matter how much you fight, and how far you go, your DD sadly won't thrive at that school given all your previous threads. The head has made her mind up about you /DD and no amount of paperwork or legalities can change that, even if she starts paying lip service or even implementing adjustments.

NowImNotDoingIt · 21/09/2024 21:34

Oh and the next step after teacher, head and governors is ofsted.

celticprincess · 21/09/2024 21:36

I work in a send school. If say half our kids have social workers. It’s not a bad thing. It’s to assess whether they meet the threshold for additional support at home as well as at school. Respite type support or direct payments to facilitate attending groups and activities.

Does she have an EHCP? Are you applying for an EHCP?? For an EHCP there has to be evidence submitted from education, health and social care. In many places the social care input is that someone went through a screening questionnaire and the family declined further help. So nothing is written into that section of the EHCP.

Social workers aren’t always there for a negative reason. They can be a positive support to the family.

Also if the school can’t meet her needs then maybe you do need to look elsewhere. They can’t just off roll you. And if you wanted a special school placement you’d need an EHCP.

NowImNotDoingIt · 21/09/2024 21:36

www.gov.uk/complain-about-school/state-schools

UndertheCedartree · 21/09/2024 21:40

Meltdown247 · 21/09/2024 21:28

if you have followed all the processes to the letter and not been abusive / rude or made unfounded allegations at any stage, then you have nothing to worry about. Keep all the correspondence. Give them
one more chance for a face to face meeting and explain that you have followed the statutory complaints procedure to the letter, if you get nothing then talk to your MP and write to the County / LEA Governance team.

If you know who the parent governor is, then try to talk to them
in the playground at drop off / pick up. Just always be polite and professional, even in adversity.

I've not been abusive or rude although I did have to be quite forceful to get the Headteacher to respond to my complaint. It did shatter my illusion as I assumed she was a decent person up until then. I was made to feel an utter nuisance for asking for a response to my complaint. All my allegations I have written proof of.

I do know who the parent governor is but most DC make their own way home so only me and one other wait at the gate. Not that I've been there this term anyway as DD always sent home or too unwell for school.

OP posts:
UndertheCedartree · 21/09/2024 21:48

noodlebugz · 21/09/2024 21:30

Do you have a work email you could use? What is the next stage in the complaint? LA or is there an omburdsman? Perhaps try the work email with a timeframe stating you already submitted your complaint to the governors on x date and haven’t heard, haven’t been able to communicate and ask for a formal response by x date (28 days?) and then just take it fiurther.

Your school need it’s own equivalent of led by donkeys to keep them to account they’d have a field day.

Im sorry DD / you are being put through so
much shite! My eldest is 5, we are awaiting an autism diagnosis for me and her so will have all this to come!

Oh yes work email good idea!

So I had the school respond to my complaint eventually.
Then I escalated my complaint to the governors. However, that was 6 weeks ago (as in 3 end of last term and 3 of this term) but the governor person just keeps trying to pursuade me to drop the complaint and deal with it informally. Which I wouldn't mind except the school have made it quite clear they do not want to resolve it informally (to me) But they seem to have lied to the governor person that they are having a meeting with me to resolve informally.
I think the next step is maybe speaking to the trust? Do I just tell them I got nowhere with trying to do the last stage?

OP posts:
BackForABit · 21/09/2024 21:49

The people who say "schools just don't do this", do they really think that it is impossible for an institution like a school to develop a poor culture which allows malicious referrals and off rolling to happen?

Even with formal processes and evidence there's so many ways to present information when sharing it.

We have no way of knowing whether OP is correct in stating the referral is malicious, but it happens to enough parents of disabled children that we shouldn't dismiss it out of hand. I think this kind of 'no smoke without fire' thinking allows certain institutions to act without challenge and with impunity.

*edited grammar

UndertheCedartree · 21/09/2024 21:50

noodlebugz · 21/09/2024 21:30

Do you have a work email you could use? What is the next stage in the complaint? LA or is there an omburdsman? Perhaps try the work email with a timeframe stating you already submitted your complaint to the governors on x date and haven’t heard, haven’t been able to communicate and ask for a formal response by x date (28 days?) and then just take it fiurther.

Your school need it’s own equivalent of led by donkeys to keep them to account they’d have a field day.

Im sorry DD / you are being put through so
much shite! My eldest is 5, we are awaiting an autism diagnosis for me and her so will have all this to come!

Oh bless you. Hope it goes OK and fingers crossed things will be smoother for you.

OP posts:
UndertheCedartree · 21/09/2024 21:54

NowImNotDoingIt · 21/09/2024 21:33

@UndertheCedartree my advice would be to take the meeting , show them all the paperwork, reports, correspondence with school where they admit they can't meet needs, their "plan" everything. Ask for their help with the ECHP. Ask what funding/resources are available for your DD. Even more importantly ask if they work with schools that would be a better fit for your DD and would they support the move.

No matter how much you fight, and how far you go, your DD sadly won't thrive at that school given all your previous threads. The head has made her mind up about you /DD and no amount of paperwork or legalities can change that, even if she starts paying lip service or even implementing adjustments.

It's such a shame as I chose this school as it is small, calm.and girls only. It has the best LSA team/facilities out of all the schools I looked at. There is one school with a nurture group...it's at an autism resource base at a boys grammar school! I have no idea where else DD could go.

OP posts:
SendMeHomeNow · 21/09/2024 21:58

UndertheCedartree · 21/09/2024 02:02

If there was another school I'd go for it. But the 3 other ASD DC we know who have all be pulled from their schools were at the remaining local schools. I ruled them out when selecting schools as their SEN departments were terrible.

I’m so sorry that the situation. It’s really not fair is it. Could you afford some support from an advocate? Even a monthly membership kind of support where you can email for guidance could help you navigate things. I’ve got an amazing advocate locally who is a retired SENDIASS manager and helps local families for free. It’s made all the difference and we got the LA to backdown before the tribunal date & agree to issue a plan.

NowImNotDoingIt · 21/09/2024 21:59

It is a shame , but I honestly don't see this resolving itself and the head getting a personality/attitude transplant. The best you can hope for is that she won't interfere and just let you/DD be/pretend she doesn't exist. I have to say it's unlikely though.

However, it's not the first school I've heard of that has a a good reputation for SEN , even special units / interventions that ended up being utterly crap and failing students.

I honestly don't know what to suggest, especially without an area. Hopefully SS will be more helpful than me . Flowers

UndertheCedartree · 21/09/2024 22:02

SendMeHomeNow · 21/09/2024 21:58

I’m so sorry that the situation. It’s really not fair is it. Could you afford some support from an advocate? Even a monthly membership kind of support where you can email for guidance could help you navigate things. I’ve got an amazing advocate locally who is a retired SENDIASS manager and helps local families for free. It’s made all the difference and we got the LA to backdown before the tribunal date & agree to issue a plan.

I'm glad you have support. I think I need to try and get the time to go to the drop in they have at our local autism charity. I did try emailing but got no response - I'm sure they are inundated.

OP posts:
Meltdown247 · 21/09/2024 22:16

UndertheCedartree · 21/09/2024 21:40

I've not been abusive or rude although I did have to be quite forceful to get the Headteacher to respond to my complaint. It did shatter my illusion as I assumed she was a decent person up until then. I was made to feel an utter nuisance for asking for a response to my complaint. All my allegations I have written proof of.

I do know who the parent governor is but most DC make their own way home so only me and one other wait at the gate. Not that I've been there this term anyway as DD always sent home or too unwell for school.

In that case, make a file and try to re-set the relationship with school. I’ve been in situations where the HT has been quite useless tbh, it happens. Some HT are just not great on EQ with parents.
stick to your guns. Maintain the process and go to your MP if that fails.
Regarding Children’s Services, don’t worry about them, be courteous, professional, calm
and forthright. Be clear what you are asking for and be reasonable in what you need. Ask them
to help you get it, you don’t need to go to war with any of these people. It’s hard, but if you are clear with what you need and you present a case, then you can achieve it.
The worst case is a no win no fee solicitor, I have worked with them too on EHCP issues where the HT failed to judge the situation and we still got the result the parent wanted for the child in the end.
Unfortunately, sometimes schools and HT are not perfect. Keep the faith! Good luck!

DC2008 · 21/09/2024 22:56

Sorry not read all replies but I had this situation (daughter ASD with school avoidance due to school not meeting needs), I was threatened with being taken to court plus advised to consider moving schools or home tuition (off rolling). I contacted the local Council’s Education Welfare Service who were amazing and moved mountains. We suddenly had online learning provided by the school!

UndertheCedartree · 21/09/2024 23:08

NowImNotDoingIt · 21/09/2024 21:59

It is a shame , but I honestly don't see this resolving itself and the head getting a personality/attitude transplant. The best you can hope for is that she won't interfere and just let you/DD be/pretend she doesn't exist. I have to say it's unlikely though.

However, it's not the first school I've heard of that has a a good reputation for SEN , even special units / interventions that ended up being utterly crap and failing students.

I honestly don't know what to suggest, especially without an area. Hopefully SS will be more helpful than me . Flowers

Oh really? The thing is the LSAs are great, the mentor is great, even the Senco seems OK considering the little I've seen her. This really feels like a toxic management.

Surely if there is a meeting about an autistic DC with mental health difficulties then that meeting would be led by the SENCo and the Mental health Lead. Why on earth do the head and deputy head need to be there? Even the attendance officer just wastes time talking about attendance when obviously that is affected if her needs aren't being met. Other relevant people would include her Learning mentor, head of LSAs perhaps, her head of year. Noone else from the school is needed.

I will be speaking to the LA about section 19 provision next week.

OP posts:
UndertheCedartree · 21/09/2024 23:12

Meltdown247 · 21/09/2024 22:16

In that case, make a file and try to re-set the relationship with school. I’ve been in situations where the HT has been quite useless tbh, it happens. Some HT are just not great on EQ with parents.
stick to your guns. Maintain the process and go to your MP if that fails.
Regarding Children’s Services, don’t worry about them, be courteous, professional, calm
and forthright. Be clear what you are asking for and be reasonable in what you need. Ask them
to help you get it, you don’t need to go to war with any of these people. It’s hard, but if you are clear with what you need and you present a case, then you can achieve it.
The worst case is a no win no fee solicitor, I have worked with them too on EHCP issues where the HT failed to judge the situation and we still got the result the parent wanted for the child in the end.
Unfortunately, sometimes schools and HT are not perfect. Keep the faith! Good luck!

Thank you so much for your advice. I don't want to be at war with anyone. It's not my nature atall. I find it all really upsetting.

OP posts:
UndertheCedartree · 21/09/2024 23:13

DC2008 · 21/09/2024 22:56

Sorry not read all replies but I had this situation (daughter ASD with school avoidance due to school not meeting needs), I was threatened with being taken to court plus advised to consider moving schools or home tuition (off rolling). I contacted the local Council’s Education Welfare Service who were amazing and moved mountains. We suddenly had online learning provided by the school!

Glad you got a good result. I spoke to the inclusion team yesterday and they seem to think they can help so fingers crossed!

OP posts: