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

When you first chose this school with your child, did the school state they could meet his needs as identified in his ehcp, or did they state they could not but LA forced to take? This would be crucial for me in advising you what to do as a school governor. If the school said could meet need then there needs to be a discussion with the head on what has changed, why they now can't meet need.
If they said they couldn't fully meet need but forced to take, then your issue is with the LA. I know our school has on many occasions told an LA that it can't meet a child's needs but the LA names it anyway as the parents choice, and then the parent acts suprised and is upset when it turns out that the school was telling the truth and actually cannot meet their child's needs.

How many specialist provisions have you visited? Have you visited ARP's, but I know other areas have different names

The only situations where I have seen a child on part time hours is where the school genuinely feel that it wouldn’t be safe for them to be in longer, or it would actually be to the detriment of the child.

Re the funding, in many cases promised funding doesn’t materialise, is actually not enough to meet the costs of what is needed or the services that the school want to get in aren’t available even if the school
can pay for them.

It’s absolutely obvious that your son needs a different school named on his ECHP- far better to join forces with the school against the local authority and get him into the right school as quickly as possible and maintain a good relationship with the school in the meantime than waste your time complaining to the governors.

Around here there is a dearth of schools that can educate high achieving autistic children who cannot cope with the chaos of the mainstream environment. It seems it’s mainstream or a special school where the aim is that they pass a gcse or two. Many of this children are capable of 4A* at A-level. Where is the provision for them?

@CopperWhite if the school needs to send a child home because of their behaviour, they should formally suspend. Not unlawfully, informally suspend.

A parent is entitled to send their child to school full-time unless formally suspended.

@Copperlightning if it is inappropriate for provision to be made in a school their is EOTAS/EOTIS (with or without the C on the end).

What does his EHCP actually state? Especially with regards to the 1:1.
I’ve worked in an infant school with children on restrictive timetables because mainstream just isn’t right for them and whilst I can only comment on my school, honestly, we have to fight tooth and nail for any support from outside agencies etc. We all knew the child needed a different setting but we had to jump through hoop after hoop and often felt like we were banging our heads against a brick wall.
This particular child was also in reception and didn’t receive a suitable setting until the very end of year 1. It’s awful

yes the school agreed they could meet need if they had top level funding to employ a 1:1. They now say they can’t meet need and a change of placement to specialist is being sought - that’s fine (well not fine it’s devastating as I process all of this as I go actually) but what I am questioning/considering complaining about is the total lack of any alternative provision.
The local authority have given school all the funding they have requested and even said they would give top up funding for AP if needed. School have done sweet FA, despite the local authority sending them a list of home tutors and me sending them therapists etc that my son could see at home/I could drive him to their centres etc
basically school gave taken my sons funding and used it to employ an extra TA and witheld education from him in both the traditional sense and by way of alternative provision, and I’m disgusted with them.

@Ricecakesaremyjam it is the LA who is ultimately responsible for providing AP. They often try to pass the buck, but that doesn’t change the fact they are ultimately responsible if DS is a CSA and can’t attend school full-time.

That doesn’t excuse the school unlawfully, informally excluding DS, which you can challenge if you want.

Who at the local authority do I send my complaint to? The case worker? Her line manager? The director of children’s services?
thanks to all for your advice xx

The local authority will have a formal complaint process onoine. You must follow that. But yes copy in director of children's services, ehcp coordinator, the send manager if you have their email. As awful as it is you have to shout loudly. I have had results by complaining formally and including the director of children's services.

Email the Director of Children’s Services requesting provision under section 19 of the Education Act 1996 and threatening JR if they do not comply. If that doesn’t work, you need a pre-action letter. SOSSEN can help with this, but there is a wait so you may want to look elsewhere. Then if that fails, you can look to pursue JR proceedings. If there is anything detailed, specified and quantified in F that isn’t being provided remind them of their duty under section 42 of the Children and Families Act 2014 too - but enforcement via JR is only possible if the wording is detailed, specified and quantified. If it is vague and woolly it can’t be enforced.

I say this kindly as a school governor and a parent of a child in a special school who has fought the system.......focus your energy on finding the right provision rather than complaining about a school that is clearly not right for your child.
Even if you complain and the governors agree with you what will that actually achieve?

Te problem is not funding, but finding a suitable person who is willing someone who is willing to do the job

But how have they acted illegally?

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?

Actually, my non-verbal, ARFID, very bright nephew, also 5, manages 2.5 hours of mainstream school 3 days a week (it’s his second year as he was in the nursery class last year). It’s what works for him.

His grandmother (my mother) is a SEN expert and absolutely wouldn’t be advocating for him to go full time. It wouldn’t work for him. Flexi schooling allows him to learn and interact with others without becoming completely deregulated (which is what forcing him there for 30 hours a week would do) and having negative impact on his non-school hours. The LA are supporting him with at home intervention as well. They’re working together to ensure he gets what he needs and can cope with. Not trying to jam a square peg into a round hole “cos law, innit”.

@AmIHumanOrAmIAYeti it is your mother’s right to request flexischooling (although school’s don’t have to agree) but it can’t be forced on parents. And your DN is also receiving some provision otherwise than in school. It is not the same situation at all. Your DN is not being unlawfully, informally excluded resulting in him not receiving a suitable, full-time education.

@AmIHumanOrAmIAYeti
If you read my posts, I am not insisting he goes to school full time, nor have I refused to pick him up until 3.15 etc as has been suggested. I know my son’s presentation, I know he needs specialist education. He wouldn’t have been diagnosed and have a hard fought for EHCP at the age of 4 had I not been aware of his level of need.
I am not trying to force a square peg into a round hole.
Ironinically, your “law innit” comment was the comment that showed ignorance of the situation though. And yes it is the law that my son receives education, of some kind, and that is what I am trying to achieve for him.

It does sound like the school thought they could meet need at first but now have had to change their minds. On the funding I don’t know your situation but from working in other capacities I am aware of funding promised by the LA which simply hasn’t materialised, or where it has been too little to employ a suitable 1-1 or where it has simply been impossible to find a 1-1 to work in a mainstream school with the appropriate skills. So I wouldn’t assume that the school has received all the money.

It could also be the case that even with the 1-1, your DC is simply unable to cope for longer. For example I know that early years settings can be horrendous for some children with additional needs, they are often noisy, bright, crowded and lots of physical contact. If your DC needed a safe space, like a sensory room, and the school
doesnt have one then it’s almost impossible for the school to educate him even with full 1-1 funds.

I would suggest taking this up again with the Council and requesting a review of the EHCP. In the meantime I’d focus on finding a school where you think your DC’s needs can be met, or even more than one and making it clear that your preference would be for that school or one like it. And that your parental preference is not for your DC to stay at his current school.

The LA will probably still have to jump through various hoops but you’ll get there. Plus don’t stress in the meantime as your DC is so young he’ll catch up once he’s in the best setting for him. What you want to avoid is him spending any more time than he has to in an environment which is unsuitable- he’ll end up with school refusal and mental health problems which will only make things worse long term.

What do you want actually from the school?

They can't meet his needs, sounds like he isn't coping. Specifically what do you want them to do, quantifiable. You need to be very clear and specific.

I want them to use his funding to put in place AP for the time he is not in school. I’m totally flexible what that looks like. I just don’t want him neglected and left without any education.
I have had to leave employment to facilitate his 2hrs timetable in school placing our family under huge financial stress. I fought bloody hard for that EHCP, and it often feels like it was for nothing.

He’s not receiving a full time education, but that is because it wouldn’t work for him. (It’s my sister, not my mother that is his parent.) He’s getting about 3 hours of at home support provided by the LA at present. My sister isn’t pushing that because she wants the flexibility schooling arrangement. It’s a child-centred approach.

I was offering a different experience. I don’t agree that the school should restrict OP’s child (I haven’t read her previous threads though) but I’m not sure that “full time or nothing at this school” is in the best interests of this child. Maybe a calm facilitated discussion will have greater impact than formal complaints. Maybe OP has already tried that. I don’t know. We don’t know OP’s son or the school (I’m also a governor at 2 mainstream schools) or what has been tried previously.

Are you the same poster who wants to take their child out for an important family holiday and has had the request come back as unauthorised?

I ask because, if so, you are in danger of just looking vengeful. I’d try as much as possible to keep your different issues with the school separate.

OP I know your dc has autism but how does this affect him at school to the point he can only be there for two hours?

They might have a ta, but if there is extremely challenging behaviour or something else seriously happening where the school feels they can't make it work, then what else can they do?

I know you said they haven't made any provision but what do you think they could do?

Is your child a danger to himself or others? Sorry, but a bit of background info about what his needs are and why the school have come to this conclusion might help.

Apologies - I’m just going off your posts here, which are a little confusing for someone with none of the previous context.

I know how hard this is for parents - it’s one of the reasons my mum still works in the field despite being in her 70s because she feels she has to advocate for kids in a biased system.

DN was diagnosed by 2, such are his challenges. He can’t read or write but his maths is exceptional. He’s a very sweet and charming boy, despite having no verbal language of his own. He had a lot of early years intervention which lead to the school support. It’s been harder when the learning has become more formal in reception and he can’t just “freestyle” like in nursery. There have been issues with his 121 being absent at times and no other support being put in place. I do get it.

2 hours a day may well not be enough for your son. It isn’t right that you have to fight so hard for his entitlement. But I think LAs respond better to calm challenge than shouty demands (again, I don’t know what you have tried already).

I never understand how parents when awarded 1:1 for thier children in mainstream schools think this will actually happen.
great idea in theory of course…. But who’s going to put an Aldi shop in a week, pay bills, rent etc for a TA on about £1.34 an hour? This isn’t the schools fault, or the LAs fault… it’s the governments! We cannot recruit people to do these thankless jobs for sod all money.
why don’t you give up your job @OPand be a 1:1 TA, school hours, term time only, with the pay to reflect exactly that?