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

I agree with you.

But in your earlier posts you said that anyone who suggested LAs don’t allocate places until June were lying. My point is that it does sometimes happen and I’ve seen it firsthand repeatedly.

Doesn’t make it right, doesn’t make it legal, doesn’t make it acceptable. And absolutely there is legal recourse.

But to suggest posters are lying when they say that it happens is unfair.

@SpidersAreShitheads I didn’t suggest any poster was lying! If you actually read my posts what I actually said was “The LA who says SS places aren’t allocated until July/August is lying.” Saying the LA is lying (when they are) is not the same as suggesting posters are lying. Please don’t suggest I have said something I haven’t.

@HollyBerryz can I ask, was your experience recently? I have had success doing that in the past but when I have tried it in more recent times, have been refused, so I would be interested to know if was in the past or more recently. I agree the OP has nothing to lose.

Exhausting the complaints process then going to the LGO will not be quick enough. That is why the JR route is a more suitable remedy.

Yep I suggested this. Going through similar myself eith child out of school, tribunsl Sept. The system is a mess and even when you use relevant laws and processes the LA ignore.

@Madthings Yes, the LA ignoring parents is why the pre-action letter/JR route is a better remedy for anyone in the OP’s situation, which is what the OP is going to do.

Get angry and/or upset, because it is totally shit but neither of those will actually help fix the situation. The system is totally broken and doesn't work. The only way to get what you need is to use the legal process to force the council to give your child access to education (which absolutely should be provided as a human right).

I have skim read the thread, so apologies if I have missed something, and it looks like you have an ehcp but they haven't issued a final ehcp with a named school by the 15th of Feb deadline.
Unfortunately all you can do is use the template letter on ipsea and copy it to the legal team at the council and the send team https://www.ipsea.org.uk/letter-when-a-local-authority-does-not-send-a-draft-or-final-education-health-and-care-plan-on-time-template-letter-10

If they still don't issue it then you take them to judicial review.
If they do issue it then you can automatically go straight through to tribunal without mediation and the council have to give you a school place at tribunal.

You can put in complaints to the council but I have done this and they don't make any difference as they will just apologies and say that they don't have enough staff or don't have enough money or whatever. It won't make you feel any better or change anything for you or anyone else.
The only way to change this shit heap is to petition the government.
Start a petition asking for the government to make aure there are enough school places for kids with SEND. I will sign it and I bet a load of other people would too.