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

Drop him at school at 8.45
Do not collect him until 3.15

Repeat

You will find they sort out provision quickly enough

The duty rests with the LA, I would speak to SOSSEN about it and a pre-action protocol letter with a view to Judicial Review. But your paperwork needs to be dot on, so get advice first. You would have to pay for the Pre-action letter, SOS!SEN do them cheaper than a high street solicitor, but there is a wait.

Not true, they will just be suggesting wherever they think they can palm him off to that he might get a place just to get rid. Schools and County Councils routinely recommend entirely inappropriate placements.

I have seen it myself for my child, friends and professionally working in mainstream and complex needs.

@JustCrackingThanks
he has no learning disability, he’s actually very bright and despite missing so much school he is reading and writing at the expected level.
the PMLD schools I’ve visited just to get an informed opinion of everything on offer have also said he wouldn’t be appropriate for their setting - the headteacher also directed me towards high coin units attached to mainstreams, she clearly doesn’t really care where he goes to signpost me to such different settings and to not bother to put any AP in place.

I have worked with a lot of governing bodies and have never seen a complaints panel go in favour of the parents. It will just create a lot of stress for you. You are better off finding another school now.

From some of the other threads op it sounds like you want the impossible - mainstream academic outcomes, but your sons ND needs met. The challenge with this is that often, trying to achieve those academic outcomes, consistently, comes at top great a cost in terms of mental health, emotional regulation, life skills and social skills. Special schools have to focus on these because they are essential. Children who attend special schools often just can't manage academic education on top of the life/emotional/social learning they need

It’s far from ok, but if it’s the wrong environment it’s the wrong environment and no amount of 1-1 will be able to make the school right for your child.

I have known parents be successful wrt disability discrimination and unlawful exclusion cases against schools, but it's a very draining process. I would really put my energy into pushing the LA into action, as they don't get to just sit back and say "well the school has the funding, so not our problem"

But from your current posts, I would say you're on to a hiding to nothing with this headteacher, cut your losses and push the LA for an early review of the EHCP

Exactly what is the ehcp wording?
"Close adult supervision at all times" does not mean the school will receive funding for a full time 1:1. To get that it would need to say something like "name 1 to 1 adult support with [x] training for 30 hours every week.

I haven't got all the details but I think you should get advice from sossen, ipsea and sendias. I think you might need to take it up with the LA rather than the school.

They should be using the alternative provision if it's needed and in the plan but schools and LAs get in to stand offs over who is paying.

In terms of complaints. First, follow the process. Staff and governors won't hate you - they might disagree with your view but thats not the same thing. It's worth remembering that the panels are more looking at whether procedures were followed than moral rights and wrongs. I probably haven't explained that well, but some people are disappointed with complaints panels as they want them to do something they aren't designed to do.

Sorry had to look up high coin school as in my area they are called Autism support Centres.
Have any High coin schools been consulted? Have you visited any?
How long have you had the EHCP? Have you requested an emergency review?

There isn't that much AP available for 5 year olds. Have you researched and identified something that you want as an AP package? If not, it might just be that there isn't anything.

Have you identified the school you want as your parental preference? If not, you should as this makes it easier. Ask for an Early Review, state your parental preference as change of placement to xyz. You need to get yourself into the position that you can go to tribunal over Section I. One of the charities will be able to advise you about how to get to that point.

Not true this is possible. There are schools recommended for my child that do exactly this. Unfortunately they are not suitable for my child, but there are schools out there that do this.

Schools schools also have bases attached to mainstream so they can meet this kind of need as well. I think some areas call them PINS or SHIPS now.

There are definitely specialist provision that can meet mainstream academics but small class sizes, extra supoort, sensory needs accounted and supported. It depends where OP lives

Can you have a look online OP at your 'local offer' there should be a list of all schools in county and the types of provision they provide, plus independent ones that may be funded. You are likely going to have to go to tribunal to get a place.

If mainstream are saying they cant meet need this will help.

This is exactly what happens. Am in same situation, child part time for months, now unable to attend at all. School and County just argue over who should pay. I am following all appropriate complaints procedures, ultimately will end up with LGO. But the systems are a mess and in meantime my child has missed a year of education. He currently gets 1 hour per week and after a battle will now get 4 hrs per week until summer.

I would complain to county as well as school as they are legally responsible for section f. Maybe section 19 request.

A 1:1 what? Specialist teacher?classroom? If it’s just an additional adult this does not mean they can meet his needs. It’s is the LA who have a responsibility here. You need to speak to them.

Id be really surprised if the school aren’t doing all they can in a difficult situation. You need to work with them not against them. Schools are not babysitters.

Where does it say that?

this is despite school receiving funding for a 1:1 for him in addition to EHCP funding

What do you mean here? The EHCP funding is what they spend ON a 1:1. Often the funding is woefully inadequate and comes nowhere near providing 1:1 for 32 hours a week which is where things get very difficult if the child is unsafe to be at school when unsupported. How much funding is being provided to the school as part of his EHCP?

If you want DS to attend full-time, he can unless the school formally suspend. You don’t need the HT or SENCO to agree. You inform them DS will be attending and you will not be collecting early unless they formally suspend.

If you don’t want DS to attend full time but do want AP put in place, this is ultimately the responsibility of the LA. (Assuming DS is CSA, which from your previous threads I think he is now.) That applies regardless of the LA trying to pass the responsibility on to the school. If the LA has refused and threatening JR hasn’t worked, you need a pre-action letter. SOSSEN can help with this but there is a wait so you may want to look elsewhere.

isnt a high coin unit the new title for autistic unit - why dont you think that would suit?

If you want DS to attend full-time, he can unless the school formally suspend. You don’t need the HT or SENCO to agree. You inform them DS will be attending and you will not be collecting early unless they formally suspend.

What sort of parent would do this though, knowing that it was detrimental to their child’s mental heath to send them to a place that wasn’t suitable for them five days a week?

What sort of school would keep a child there, in opposition to their best interests, without telling parents that their child wasn’t coping?

Children that aren’t coping in school can be destructive, they can hurt themselves, other children and staff. I have no idea if OP’s child would be in that category, but when children are, the school has to consider the rest of the children and staff who they have a duty of care towards.

@CopperWhite it depends on the reason. There is also a difference between a school informing a parent their child isn’t coping and unlawfully informally suspending. Nothing excuses a school acting unlawfully.

Sometimes schools unlawfully exclude because it is easier for the school, not because not attending full-time is in the child’s best interest.

Part-time timetables should not be used to manage behaviour. The statutory suspension and permanent exclusion guidance is explicitly clear on that. If the school wants to suspend, they must do so formally, not unlawfully informally exclude.

Sometimes a parent needs to work.

Sometimes the parent needs the child to be in school (or AP) for more than a couple of hours otherwise they can’t meet their needs at home. For example, if they don’t sleep at night and their parent needs more than 2hrs sleep a day.

Part-time timetables should not be used to manage behaviour.

No they shouldn’t and in an ideal world no child would ever need to be sent home because they are so dysregulated that they are unsafe, but that isn’t the world we live in.

School isn’t there to provide respite for parents. That’s a local authority responsibility. It is not the responsibility of an under resourced class teacher and 29 other children.

If he needs a ‘smaller, more inclusive setting’, then how can his current school provide this? It’s not up to the current school to find him an alternative placement, that’s up to the LA. It is perfectly legal for a setting to state that they are unable to meet the needs of a child.
Have you been offered a different placement by the LA?

You will be better off complaining to the LA - they have the duty to secure a FT education as well as all provision in section F of the EHCP. You can threaten judicial review for lack of implementation of the EHCP. Alongside that, get an annual review so you have a right of appeal and challenge section I (placement) at tribunal. Hearings are being listed for a years time, but if your child is out of FT education they will try to bring this date forward. Contact your local sendiass

All I see here is a parent fighting for their child, don’t stop!