Can my son be signed of school?

[Unluckykarma]

please can I have help from those who have had similar experiences?

warning as there is a lot of details 😫😭

I have an 11 year old currently in year 6 and has autism.
we are currently in a fight (likely to involve solicitors) with our local authority for failing to communicate or engage with us for 4 months, failing to provide an EHCP following a review and failing to name a school as part of a phased transfer. And all outside the legal timeframes too.

The lack of not knowing which school is stressful and creating exclusion in the school my son attends as he can’t join in those conversations that happen in the playground and the classroom between both peers and teachers.

In the last 18 months he has gone from confident and resilient to anxious and tearful. The school is extremely small and rural and he isn’t coping. I am constantly trying to engage with school to resolve but he is a high masker and appears well at school.
There is extreme pressure on scrambling in sats practice and revision everyday all day and it makes him spiral. He is also experiencing a break down in friendships and even some bullying which I have made an formal complaint about.
Although school are doing what they can…. They can’t do a lot because he appears like he is capable. We are seeking a Sen provision for high functioning autism with the option of an academic route. Just smaller classes, minimal staff changes, access to senory support and breaks. That sort of thing … no homework and no strict uniform policy and the learning is more tailored.

in the meantime… he is either asleep or tearful, he struggles to eat when in this heightened state and it’s so distressing for me too see. He cannot communicate during these episodes and I have to wait and reassure which is hard because he hates hugs etc .
these break-downs are very different from his standard meltdowns he has when overwhelmed.
I feel i have given school plenty of communication and time to resolve and the local authority are aware despite the EHCP situation .
But myself and his dad feel it is time to intervene. So I sent emails to both to state that he will be temporarily absent from school for respite and to seek help from a GP.
I have been refused by the head to remove him from his SATs. (Neither the Sen school or the mainstream my other children go too use them)
I fear for his wellbeing and I can’t bare to let things continue until he has an updated EHCP and some respite. And a named school place. I will continue to engage with all parties with a view for him to return end of May/ June.

i generally fear we are nearing a crisis point.

will the dr agree to signing him off either school and SATs or at least SATs to remove some pressure at all?

I think a neurotypical adult would struggle with all of the above let along a neurodivergent child.

no child regardless should be left to feel this low.

some guidance or helpful experiences would help me right now.

many thanks

In my experience GPs won't sign kids off school (although it seems some do). You can keep him home for MH reasons the same way you can for physical illness reasons. As the LA are arsing around with his EHCP it's unlikely they'd fine you as they won't have a leg to stand on. Have you appealed the lack of secondary placement?

Sadly where I live it's not unusual for special school places to be allocated around july/august as they work out who is going where. Iv been through it with 2 children and pre warned them that they wouldn't know the same time as their peers.

I'd keep him at home for SATs. They are of no benefit to him. The HT is being supremely selfish and putting the school before the child, when the child's wellbeing should always come first.

I think you have to write a detailed letter explaining his absence / your decision. The world will not stop turning because he doesn't take an exam at 11.

https://www.gov.uk/government/publications/key-stage-2-tests-when-pupils-should-take-the-tests/guidance-for-headteachers-about-when-pupils-should-and-shouldnt-take-the-key-stage-2-tests

Id contact some charities like NAS, they have helplines and should be able to give you rights advice

You can keep him off and that will speed up the EHCP process I think as he is then "out of school"

It would be good to get a psychologist to write a letter explaining why he is unwell.

They may offer you flexi-school and if you think he could go in for a small amount of time each week then that might be really worth accepting. You could then possibly get tutors at home and access to exams in the long term. That could really be very good.

If you remove him from school hoping for an EHCP and refuse to deregister (which you must do) then it will mess with the school's attendance figures. If you are unlucky, they might get really nasty. This happened to us.

We got an EHCP eventually, but I don't think I could send my child to a state school again after seeing how badly they behave when their attendance figures and so ofsted rating are threatened. It really was not pretty.

If DS is unable to attend school because of mental ill health, you don’t have to force him to attend. Just like you wouldn’t force him to attend if he was unable to attend because of physical ill health. The absence should be authorised. You can challenge them if they aren’t.

If DS is unable to attend school, the LA has a responsibility to ensure he still receives a suitable full-time education under s19 of the Education Act 1996. This should begin as soon as it becomes clear 15 days will be missed. The days don’t need to have already been missed or consecutive, and provision should begin by the sixth day of absence. IPSEA has a model letter you can use. If the LA refuse, delay or ignore you, post back on MN for the next steps.

The LA is also still responsible for ensuring any provision detailed, specified and quantified in F is provided. If that isn’t happening, IPSEA has a model letter for that. Again post back on MN if the LA refuse, delay or ignore you

Personally, I wouldn’t deregister and EHE. If you do that, you relieve the LA of their duty to provide s19 provision and the SEP in the EHCP. If the LA see you are willing to make alternative arrangements there is also no incentive for them to sort the EHCP.

Regarding the breach of the AR timescales and failure to finalise the phase transfer EHCP (or did they finalise but fail to name a placement?), have you emailed the Director of Children’s Services threatening JR? If you have, you need a pre-action letter. SOSSEN can help with this but there is a wait, so you might want to look elsewhere given the urgency.

The BMA wrote a statement saying that GPs don’t issue fit notes for children.

Haven’t been able to appeal as they haven’t given me the appeals procedure there is also not anything to appeal as they haven’t given me anything.
equally they haven’t responded to me with anything for 4 months. Not even an acknowledgment for a stage 2 formal complaint.
they withheld my rights to which is part of the formal complaint and solicitors too. It’s been so stressful and a nightmare. He had his review back in October and I still don’t have anything 😭

Haven’t been able to appeal as they haven’t given me the appeals procedure there is also not anything to appeal as they haven’t given me anything.
equally they haven’t responded to me with anything for 4 months. Not even an acknowledgment for a stage 2 formal complaint.
they withheld my rights to which is part of the formal complaint and solicitors too. It’s been so stressful and a nightmare. He had his review back in October and I still don’t have anything 😭

Oh no! This information would have helped me back in October 😭

So we have no intentions to register. He needs an educational setting regardless long term. I am just asking for a month off for my son to have rest and possible some therapy or help via our GP if applicable and not to have to do SATS.

as for EHCP we are actually about to start JR with a solicitor. IPSEA is my bible and I have another son with an EHCP so lots of experience BUT it’s got this far because the local authority have stopped responding to emails and cut off any other forms of contact. They are also not communicating with his school and the mps and councillors we have asked to asssist and get involved. There is no office or physical person to approach or speak with and no one is returning emails… I can’t get them to engage with at all…

Glad you are about to go down the pre-action letter/JR route. Ultimately, that will force their hand even if they are ignoring you now. The normal timescales of the complaints process take too long so it isn’t a suitable remedy.

The LA who says SS places aren’t allocated until July/August is lying. Secondary phase transfer EHCPs must be finalised by 15th Feb.

We have an EHCP but had a review back in October. We also named a school ready for phased transfers
the La has just stopped responding all together.
i still don’t have his draft updated EHCP or his final no appeal rights or a named school. All of this is out side the legal timeframe but I can’t progress with their responses. I have put several complaints in and several emails. They have shut a lot of communication channels down and also not engaging with his current school either.
they have also failed to follow own complaints procedures and failed to give me the right to appeal so couldn’t get a dated letter to get mediation letter to take to court… I have engaged a solicitor several mps and a a few councillors.

its has had an impact but I am still taking my complaint to the judicial system.

i am just asking will a GP sign him off if asked for around a month and how can we remove him sitting the SATs so that the pressure is gone?

I am actively seeking one specific Sen school otherwise I will either look into private or tutoring for him at home.

I have another son (4 children in total) who also have SEN needs but he is doing well with an EHCP in a mainstream. So I have some experience of EHCPs but I have never had it where the LA stop communicating all together. 🤷‍♀️.

mainstream primary is a struggle now and this is a small village rural school with 8 per year approx. If he attends the mainstream (which is extremely high standard of academic achievements) he will not cope but on a much bigger scale than now and I already feel he is nearing crisis point at the moment so sending him to tht school would be so damaging. Which is sad because it’s actually my easiest option
however this isn’t what is best for him.
he needs academic/qualification opportunities but we need to allow uniform and footwear adaptions, tailored learning, small classrooms, minimal staff changes. Sports opportunities small building. Minimal classroom changes optional homework. Emotional and sensory support and breaks.

the second option is home with a tutor or a private school that can offer the above.

no school preferences we made have not been consulted either which is also a requirement of the LA.

unfortunately my sons hasn’t been finalised at all 😔

Already argued politely but as firmly as I could that SATs won’t benefit him or his effect any part of his future and this is personal experience of both the school of our choice and my other two teens in mainstream school. 🙈 they didn’t like what I said and what’s more I was refused when asked for him not to sit them. We also explain to my so. They are not important but he isn’t reassured at all.

I know, but the 15th Feb is the legal deadline, and LAs who breach it are a) acting unlawfully and b) can be forced to act via JR if necessary (the normal timescales of the complaints process isn’t a suitable remedy). So, any LA telling parents they don’t allocate SS placements until July/August is lying.

Guess we will be risking fines or even court action then having him off 🤦‍♀️🤦‍♀️ it’s a shame I can’t access some sort of respite for him. I really feel that and not doing SATs will help him to be less pressured.

They prob just been misinformed rather than lying

regardless saying they are being unlawful doesn’t give me much power to get them to engage with me at all with a response so after working through all the available avenues and following every bit of advice we have had so many people say they can’t offer anything else…. So solicitor and JR is what’s next 😭

If DS is unable to attend because of ill health, the absences must be authorised. Therefore no fines. The Regulations (School Attendance (Pupil Registration) (England) Regulations 2024) make it clear where a pupil is absent because they are unable to attend due to sickness the absence must be regarded as authorised. DfE’s statutory attendance guidance also states absence due to illness (physical and mental) must be coded as I. If the absences are coded as unauthorised you can challenge them.

LAs to parents lie all the time. LAs are not misinformed about the phase transfer deadline. Knowing it is unlawful does help, because then you know you can challenge the unlawfulness including via JR.

Thank you…. I am hoping they will be massively told off for what they are putting him through! Even if they just picked up the room just to say they haven’t done it due to lack of funds staff or because of Covid blah blah blah then at least I am having a conversation with them!!!

He is not well, if it takes a month to recovery, the school can authorise it or not, let them, fight the fine, visit the GP to let them know about the situation.
I wouldn't expect an adult to push through, why should a child.
The fines are absolutely ridiculous

Thank you. I can’t let him carry on in this state.

My DS was signed off for a month when he self combusted in Y8. Signed off from beginning of Feb until beginning of March. He went back for about three weeks, then I removed him permanently at the end of that term.

i can't say whether your doctor will, but I just said he was finding school extremely difficult and had started head banging against the wall when he got home from school and I was becoming very concerned for his well being.

In what world can GPs sign adults off work with ill health including stress but not a child?
Why?! So adultist.

Sorry you’re going through this @Unluckykarma It sounds very stressful. Can recommend the work of Michael Charles (barrister) who specialises in education law. GL.

We have two Yr 6 children at our school with EHCP's who have not been allocated a secondary school place yet, unfortunately there are not enough places for everyone