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

@GloryDias those parents should either appeal (if they have a finalised EHCP but it fails to name a placement) or pursue the pre-action letter/JR route (if the LA has breached the statutory deadline and they need to force the LA to finalise).

Lack of places is not a lawful excuse for failing to finalise secondary phase transfer EHCPs by the statutory deadline.

On its own, being full is not a lawful reason for refusing to name the parent’s preferred school if it is a non-wholly independent school either. The LA must prove the school is so full placing DC there is incompatible with the efficient use of resource or efficient education of others. Obviously there is a point LAs can do this, but it is a higher bar than LAs and many schools admit, which is part of the reason so many appeals are successful.

There is also EOTAS/EOTIS where it is inappropriate (legally) for provision to be made in a school.

I still have a right for someone to respond to phone calls and they still need to consult with schools and finalise EHCP following review and my son needs an education so that response isn’t good enough

There is a good Facebook group called Not fine in school which is another great source of information and support for parents in your shoes OP. You have my every sympathy as the system is simply not designed for every child 😔

Unfortunately I’m not on fb or instagram

I have a son who similarly found primary very hard but the difference was that his school were extremely supportive and we therefore always managed to keep him in school.

If his mental health had been like your son’s I’d have had zero issue with keeping him off.

Mine sat the SATS but he wasn’t forced to do the revision and boosters and therefore was fine.

In my experience schools can choose to be better but many don’t.

I’ve been very fortunate that my boys’ EHCPs have been fairly easily obtained but it feels neverending.

Absolutely, it was more in response to the other poster who said the LA were lying. It's shocking how you and your son are being treated, part of my job is school attendance, which I hate with a passion, and if I were in your situation I'd either tell the head teacher you will be on holiday during Sats week or call in and explain he is absent due to illness/stress. The worst that can happen is a £120 fine for term time holiday.

Any LA telling parents secondary phase transfer SS places aren’t allocated until July/August is lying. That is not the law.

There is also a website

https://notfineinschool.co.uk/

@StrivingForSleep has absolutely set out the way to go and the legal considerations here: listen to them.

I am already doing a jr with a solicitor for his EHCP.

my question was about getting him signed of for a month of rest and to avoid the SATs whilst navigating school telling me off and potential fines…. Also allows time for his EHCP to finalised (I can dream!!) after the month is up (also depending on his recovery too)

We had to apply for mainstream places, and were offered a place in March 2024.

DS had been put forward for a place in a specialist autism base and the decision about that was made later - in April or May iirc - thankfully DS got in.

(Though we're in Wales so maybe different here.)

I won’t put a mainstream. However I won’t put just any SEN school either as the majority of Sen schools here are either more for challenging violent and abusive behaviours OR no academic subjects or qualifications but independent skills and learning to integrate into a community (shopping budgeting social interactions etc)

the school we are looking at is still gcse subjects and learning but it’s about emotional and sensory support. Taking away all those experiences such as uniform issues, or large classes too many children and not having to navigate lessons across a large building or get anxious as the various different teachers you interact with are are not always consistent. This school is one small building small intake minimal staff changes slower calmer based encouraging praise based nurturing.

but because it’s such a small intake it can be difficult to get a place and they are strict on criteria.

I believe I will be next looking at small independent schools… then maybe tutor at home but this is the absolute last resort.

my eldest has adhd and possibly undiagnosed autism (we are waiting an assessment we are on our 4th year so fingers crossed be soon) we choose mainstream for him and it was the absolute best choice for him and also my neurotypical born. For him, mainstream school that had a demand for high standards of behaviour and school performances but equally has a great SEN department for those that need that support but with the right EHCP are also excelling at being an independent learner.
my neurotypical loves that school.
but it is not the right environment but my Autistic son who won’t be able to cope with that particular high standard of learning.

If this was my child I’d keep him at home or take him on holiday for SATS week. There is absolutely nothing the Headteacher can do about it. Schools will only accept CAMHS letters, not GP letters. I’ve known parents take their children on holiday during their GCSEs and not be taken to court. It’s SATs - they are unimportant. If it’s having this much impact on his mental health, try to get an emergency appointment with CAMHS. If that’s not possible, just keep him off that week and say he’s unwell.

With attendance , I would just pull him out for as long as he needs. If the LA are trying to fly under the radar they won't issue a fine because that means actually contacting you.

I know you're doing a JR, and that's the best way forward, but if you need the EHCP etc I would search your LAs send/admissions/EHCP teams on Google and copy everyone into an email. DDs caseworker ignored me for weeks pre tribunal. So I copied every single case worker, her manager, everyone else above her the SEN team admin, and the director of children's services and our MP into an email chasing a response. It was incredibly immature of me but I got a reply within 15 minutes

Send tribunral us prioritising phase transfer cases, so as soon as your pre action protocol letter is sent, hopefully the LA will finalise the plan. You can then appeal. The tribunal will sit through August to hear these. I wouldn’t waste time once you have the decision letter arguing with the LA.

my own child has been out of school all year, not signed off but an additional diagnosis of ocd given. I have never been fined despite having three children with EBSA (thought I am always fearful!).

I just think until you register an appeal, no one seems to take you seriously. If he is at home due to mental health you can ask for temporary education to be made. Again, everything is a battle, but this is the law. You could try contacting your local sendiass, but they do vary.

OP, I have autistic DC and without going into the whole story, our GP signed DS for 8 weeks due to anxiety. He was 7 years old at the time.

If your GP can't/won't provide an NHS sick note, you could ask him for a private certificate. You'd have to pay, but IIRC it was only about £20 or so, and might give you the breathing space you need. Our GP issued an NHS sick note, no problem though.

Also, although what @StrivingForSleep says is legally correct, the reality is that some LAs are running hopelessly behind. Some panels for special schools in our area weren't being held until May, and parents informed at that point whether a space had been awarded. It left them very little time to find an alternative placement if they didn't get a space. The legality of it doesn't seem to matter.

I don't know if the reason is that special schools don't have the same adherence to year groups in the same way as mainstream schools? The smaller size usually means multiple year groups are together, with classes made up according to ability/needs rather than age. The LAs seem incapable of figuring out how many pupils will be leaving and how many spaces there will be left!

I was the SEN school governor and our mainstream school had a special communication unit attached (this was primary school). Our school started to initiate the process for getting a special school space in the Easter of Y5 rather than Y6 as would normally be the case. By going for it so early, the children had a chance of getting a decision by the February of Y6 and being able to properly transition. If they waited until Y6 to request their placement, there would be zero chance of a decision by February, and probably no spaces left.

The system is a diabolical shitshow and in my experience, LAs have very little regard for the legal framework around SEN. I'm glad you've got a solicitor on the case.

I answered about keeping DS home if he is unable to attend in my first post before moving on to the EHCP. In subsequent posts, I have explained about the Regulations and the statutory attendance guidance too.

No-one has to accept LAs acting unlawfully no matter how behind they claim to be. This applies equally to failure to provide s19 provision and breach of s42 as it does to failure to follow the statutory timescales following AR and the phase transfer deadline. Sadly, DC whose parents know the system and can advocate and enforce their rights get better support. It shouldn’t be that way, but isn’t going to change it the foreseeable future. If LAs see they can get away with stringing someone along, they will continue to do so.

Wales has a different system. EHCPs don’t exist there. Although even if Wales, legally, parents don’t have to have a MS as the preferred placement.

I agree with others. Just take him out of school for a couple of weeks. If you say he is sick then he is sick. Also wanted to pop on as a parent who has been through this and say that it is likely that it will work out in the end. I know it feels really stressful but I have been through so many school placement related issues and for us they have all been ok after a few months of abject misery and high enough stress to make your eyeballs melt. Hang in there and keep push but also try to spend some time ignoring it too so you can rest and don't go completely mad.

Put one in anyway and tell the tribunal you don't have the official paperwork as the LA have missed their statutory deadlines. You do have something to appeal as you have no secondary place which should have been named by 15 Feb. Tribunal have the discretion to allow appeals where they think it's needed even if they're late/missing paperwork etc. Try it, the worst that can happen is they say no, if they say yes, it will put pressure on the LA to get their arse in gear. the solicitor probably won't advise you do this, but what do you have to lose? I got an appeal registered when my LA refused to finalise our AR, so I think it's worth a try.

I’m going I stick with the JD for now. But thanks anyway because even if they decide to magically resolve everything this week they still need to be held accountable for their approaches and it will encourage them to make changes for the better for the next person.

I am just so angry! Because I am a reasonable person but I am now begging for the bare minimum. To have a human being ring me and tell me what’s happen why it’s happen and how to work to get it resolved for my son’s best interests. It’s basic communication that’s courteous and respectful and we are not getting that basic. I expect delays and set backs but no one was working on this is got left aside and forgotten about and ignored and then complaints to senior staff also didn’t think we were worthy of acknowledgment and that’s a basic thing too. I am reasonable and can expect a delays here and there and I can be patient to a point if I felt I had the basics and could see they were trying to sort it but no efforts or attempts what so ever. It took months and months and lots of tears and stubbornness on my part and feeling of hopelessness. But now that my son is feeling the impact I am done! They need to be held to account in order for others to not have to have that.

Possibly. I managed to get a 6 week one for DD in year 10 to get the local education authority off my back, they'd asked for it. The GP wasn't happy about it though, they rang me to see if they could support her and I pointed out I'd been trying for a decade. I've never been threatened with a school fine though despite DD missing 18 months of school so it seemed to work.

Have you gone to the LGO given they are the responding it's urgent, phase teenager placement and they are in clear breach of legal deadlines. I would do this and I think you could tell the council you will go to judicial review. A letter from a solicitor threatening this may be enough to get them to finalise ehcps naming placement so then you can apply for expediated tribunal if needed.

And yes in meantime call in sick each day, say it's mental health. Try and get a referral from GP to mh team. In Norfolk we have norfolk just one and parents can self refer, look to see what is available in your county. They may threaten you with attendance team, get in esely contact them yourself and explsin the situation, also contact send and inclusion team.

Not read all of the responses but you don't need permission for him to not do his SATs. Just keep him off school until June.... Report his absence as illness due to the meltdown/crisis point. You don't need to make it complicated at all.