Raising a formal complaint at school

[Ricecakesaremyjam]

My sons school are acting unlawfully towards him and have been for some time. All attempts to ask the headteacher SENCO to do their legal duty by my son are brushed off. I am literally gaslit every time I speak to her.
I am about to raise a formal complaint to the governing body but I’m scared 😂 will the school hate me and my kids forever? I
know I need to do it and I’m being stupid but I have a horrible habit of second guessing myself! Thanks x

Devil in the detail op

Unlawfully how?

Yabu for thinking we’re psychic and can help with that little detail

IME, school complaints rarely end well (4 DC with SEN) and do affect the home/school relationship. So that's not what you want to hear, but with hindsight I should have moved schools rather go through what we did.

I do hope your situation has a better outcome though.

Noone can possibly give any sort of constructive advice based off that little detail, but honestly, complaints rarely end well because it damages the relationship with the school. If you really think they are behaving that awfully, I'd move him rather than go through the complaints process.

Would it be worth contacting Sendiass for advice?

Sorry that was lazy of me to not explain.
ok so summary is this, my 5yr old is autistic has an EHCP, been kept on a part time table of 2hrs since starting school in September, this is despite school receiving funding for a 1:1 for him in addition to EHCP funding, I accept they can’t meet his needs but my issue is they have never implemented alternative provision for him despite the local authority providing funding for it and it being requested many, many times.
it’s been months of my son missing education and the support he needs, I have asked and asked and just get fobbed off and gaslit. At what point do I escalate this? They are breaking the bloody law. I am trying to move him to a specialist school by the way but as with all SEN stuff, it is a lengthy process.

I have also spoken with IPSEA etc and all have confirmed the law is being broken

Make sure you read the school's policy for dealing with complaints first. It sounds as if you've gone through a lot of steps already, but the chair of governors might want to see evidence of this before looking at it on a formal basis. You don't want to give them any excuse for further delays and stonewalling.

They have referred him multiple times to a PMLD school op

You just don’t want him to go there

You have no grounds

The school have been very upfront…. They do not think your son should be educated In mainstream school and have referred him to a PMLD school.

In the meantime they are providing 2 hours of school time but for the safety and education of other children (and indeed staff) this is the maximum they are safely able to provide

follow up the referral rather than waste anyone’s time with a baseless complaint

Oh a EHCP changes everything . Sen mum here :-))) as you know this is a legal document and own that has to be followed . As a parent you have the right to contact either your EHCP caseworker or the local education sen department at your council and request an Emergency review . This cannot be refused by the way. This way you, the school and someone third party can meet and address your concerns. They will need to answer and a plan will be out together during this review. Call them today and scrap the complaint

Guarantee you didn’t tell the IPSEA that the school have referred your child to a PMLD school but you refuse to enroll him

If they have funding for a full-time TA where is the money going?

You need to take it up with the LA, not the school. Though the school is named, the duty ultimately rests with the LA.
Have you got a paper trail about the reduced timetable and alternative provision etc?

The school sound hopeless, I know how hard changing is, but an obstructive headteacher is nigh on impossible to get dealt with satisfactorily.

In my experience, at best you'll get nowhere, and, at worst they'll start making malicious referrals in retaliation.

Sorry again for being the harbinger of doom

Sorry I must've missed this. Was it in another post

The op has extensively posted about the situation , of which some I have been on.

this is a very small rural school, it is providing the best it can and accepts they can’t adequately support the child so have referred multiple times to a PMLD school, which the Op refuses

Technically if school are named in EHCP they do have to provide provision snd chikd I'd entitled to full time place. If OP wants him in mainstream that is her choice. Alternative provision should be provided.

What is wrong with provision the school have offered?

What does it say in section F of EHCP review alternative provision? In my childs it specifies forest school. Not that he is getting it.

Schools and county councils are a law until themselves and frequently breach law. I am working in an EOTAS package for my child and if I have to explsin to them one more time that their 'policy' doesn't trump law....

I wpuld need to know more about the AP offered that you are saying no to and what it is you want instead. And the wording of the EHCP.

Legally you do not have to agree to a part time timetable.

@Doorvarnish What is wrong with you to have such spiteful posting? You don’t know me or my son but if you read all of my historical posts, you will see the school have signposted me to a PMLD school, a high coin unit, totally opposing types of settings. In a nutshell they don’t care where he goes as long as he’s not there. His school reports, his EHCP, me knowing him as his mum - all consistently detail how bright he is - he just needs a smaller, more inclusive setting better suited to an autistic child struggling in mainstream.
In any case, the law states a child needs full time education be it in a school setting or via alternative provision.
This is not a “ time wasting baseless complaint” - are you seriously suggesting it’s ok for a child to receive just 2 hrs of education a day in any capacity?

and also FYI @Doorvarnish as you’re so invested, not a minute of alternative provision has been put in place, it’s not a case of me not accepting what’s been offered
they just haven’t bloody done it despite the local authority asking them to several times

the law supports parental preference for a mainstream education, you don't have to justify yourself on that. I would look at other schools though, because this one doesn't sound at all suitable.

Have you visited through swtting the school are suggesting and had them look at his EHCP? If you do that and they agree that they are not suitable for his needs that will help you out.

I visited several schools that were not suitable to discuss with staff and then they could feed back to county that they couldn't meet needs.

I have seen her other posts and would be inclined to disagree that a PMLD school is suitable. The current school may think that's appropriate but the actual PMLD school would likely disagree. Her child by the sounds of what she has disclosed is autistic but doesn’t have a significant learning disability and there's no mention of physical disability which most PMLD schools cater for. She has every right to refuse a school that's not suitable sen or mainstream however currently it seems that the current school and LA are failing to carry out their legal duties including providing a full time education.

I am on a bit of a journey with this and I do accept he needs specialist school.
this isn’t what this thread is about.
it’s about the school failing to put any alternative provision in place meaning my son is not receiving the full time education that he should be receiving in some way shape or form

if they are saying pmld there must be something else going on with him other than autism