Formal School Complaint - AIBU

[Schoolproblemsagain]

NC

Yesterday, I finally submitted a formal
complaint to my DS secondary school.

It has been a long time coming, but I’m having a major panic that I’ve done the wrong thing and they will treat my younger DS differently.

AIBU to have complained?

I won’t go into all the background details as it’s too long, but the catalyst for finally raising a formal is as follows:

DS Year 11, in the midst of his GCSE’s, has an EHCP and a Pupil Profile. ASD Diagnosis.

School phoned me and said:

At lunchtime, two boys were throwing food at him, he told them to fuck off, he was asked to leave the lunch hall, he refused. He explained to the teacher that he would not leave as he hadn’t done anything wrong and food was being thrown at him. This then escalated to three teachers within his space, who were asking him to leave. He was still refusing. He has been suspended for disruption and is not allowed to return to school unless to sit an exam.

The two boys, who were throwing food and their entourage, who were laughing, have received no punishment.

His EHCP and Pupil Profile states that he will not manage public confrontation with strategies on how to manage such events.

AIBU to have raised a complaint on the grounds that his EHCP and Pupil Profile were not followed, that he has been punished when the other students have not and that he is now missing vital support sessions during his GCSE’s?

This is incorrect.

If a pupil’s difficulty following instructions (or “defiance” as you call it) arises from their autism (e.g. rigid sense of fairness, difficulties with flexibility, anxiety around perceived injustice), then:

• The behaviour may be disability-related.
• Disciplinary action (e.g. suspension, exclusion) could be discrimination arising from disability under section 15 of the Equality Act unless:
• It is a proportionate means of achieving a legitimate aim; and
• Reasonable adjustments have been made.

If you do truly work in education, please ask for further training in this area as your understanding is wrong.

In the last 3 months, I have attended a 6 hour local authority training session on permanent exclusions (same rules apply to suspensions). I have also taken advice from a local authority lawyer in relation to an exclusion panel for a disabled child. I have read everything I can possibly find from the DfE on this subject too. I take my Governor responsibility very seriously and am certain that my understanding of the law is correct.

FYI that an EHCP is not needed for the Equality Act protections to apply so your comment on the EHCP is completely irrelevant. The protection against suspension/exclusion for unmet SEN needs applies to all SEN pupils regardless of whether they have an EHCP or not (again - if you are truly a teacher then you should probably educate yourself on this)

How do you know this?

I genuinely think there must be more context somewhere.

This wouldn't happen where I work, as I know we'd de escalate first. Did your DS say anything to thr first SLT?

OTOH in a police or other environment, it's a useful life skill to know when to put up, shut up and get the hell out.

Please get a job in my DS school. 😀

I have known the food throwers and their parents since they were 3.

They have been arriving and leaving school at the usual times.

The SLT asked him to leave, he said no and why, two additional teachers arrived.

My DS carries a card, so should he ever be stopped he can show it.

I don’t actually work in education 🤣

I think this is why I swot up so much for my governor role. The fact that I have a SEN child myself does also mean that I try especially hard to make sure my Governing body understands and follows the law in this area when panel decisions are needed.

Frankly I find most teachers are pretty lax with their own CPD. Not a criticism because they are underpaid and overworked. But then they shouldn’t be spouting shit on the internet and upsetting a parent who is hurting for their child and just trying to do the best for them.

Gosh I wish I had someone like you to help me when my son was in mainstream - nearly 4 weeks off/on for various issues - mainly "defiance" (son is ASD/ADHD and PDA) as he was so disregulated where they didn't follow his EHCP nor my advice on how to deal with him. I know I could've appealed them but I was putting all of my effort to fight the L.A for a suitable SEN school and didn't have any more fight left. He is now in the best SEN placement for him but I am so angry at his old mainstream for the stress and trauma they caused him (and me!)

I cannot believe the attitude of some so called teachers on this post!

How about treating the pupils involved equally? Surely bullying and throwing things at a disabled child is a hell of a lot more serious than using the words "fuck off" in response?

OP, point out to the school that under section 66 Children and Families Act 2014 they have a duty to use their best endeavours to meet your son's needs. Ask them how their handling of this incident complies with that, and also ask them to set out exactly how they are going to supply all the support set out in his EHCP over the next few weeks.

Did he show the card?

Did the other teachers just randomly appear or were they called upon from the first refusal? Sometimes another adult can help with the situation, coming from a different angle and taking a different tack to try and get children to a safe place.

PP. Who said teachers are lax with cpd is insulting and not needed. I teach and am a governor and hope I never come across with the attitude you have on here. Most teachers are bloody good at cpd, we get a lot of it on more topics than you will ever know. SEN isn't the only thing we need to know.

Even if the people concerned were bullying her? And even if her EHCP specifically requires the school to help her to protect herself from bullying and they hadn't done so?

If that is really the case, you would be letting your daughter down badly.

Interesting. One of my dc attends a mainstream school but may well not be able to follow ‘reasonable’ instructions, depending on the context, how those instructions are presented to them, and their level of emotional regulation at the time. That is why they have an EHCP, 1:1 support and a wealth of strategies in place to support them. If those strategies aren’t followed by the adults around them, and this leads to an escalation in behaviour or a ‘refusal’ to follow instructions, that is the fault of the adults, not of my dc.

Agree 100%.

I think it’s why as a country we are failing our young people.

Underpaid, understaffed, unequipped.

Unfortunately, the lack of understanding within mainstream education then has a knock on effect to how some of these young people end up failing to thrive in the community after school is over.

A friends daughter is currently a teacher, she doesn’t want to be a teacher, she hadn’t trained to be a teacher, she wants to work in politics. A teacher role will help support her application. This is also, unhelpful.

Omg - a child with PDA suspended for “defiance”. This is almost hilarious if it wasn’t so illegal and infuriating!

I do think there’s an element of deciding the environment isn’t right if the school are this unsupportive though so it sounds like you’ve done the right thing.

My ASD child goes to a small single sex private school and I thank my lucky stars every day that I can afford this. The pastoral support is incredible and so many reasonable adjustments are made without me even needing to ask. They just “get it” and the SENCO meets with all SEN pupils weekly on a 1-1 basis to ensure they are getting all the support and reasonable adjustments they need

. Staff were attempting to diffuse the situation precisely in line with his formal plan

As you haven't seen his plan, this is nonsense. There should have been adequate protections in place to stop him being targeted. If staff had moved in instantly to deal with the bullies, matters would never have reached the stage where OP's son responded.

And why was it OK to ask him to leave when he was the victim? Surely the bullies should have been asked to leave whilst he stayed - making him be the one to leave makes no sense at all.

He did do something wrong in the lunch hall. Telling people to fuck off. Yes, provoked, but rules are rules. He should have accepted that and left as asked. No big deal.

I said the teachers stating incorrect law on this thread need to educate themselves in this area and complete additional CPD.

Completely stand by that comment however insulting you may find it.

Teachers should understand the law on suspensions and exclusions. If they don’t, they have a knowledge gap that they should fill.

Exactly this! Amazing how many teachers on this thread don’t seem to understand this, or agree with it 🤷‍♀️

Haven't read all the responses, but for all the pearl clutchers, saying "omg he said fu", you go to work one day, a group of your colleagues gather round you laughing whilst one or two throw food at you... you wouldn't tell them to fuck off?!

One could argue we're failing young people by not preparing them for the adult world.

Police won't allow the public to ignore instructions without consequences.

Businesses won't employ people who don't follow instructions. It's not discrimination for a boss to ask and expect a job to be done if you're being paid to do it.

The law on exclusion is one of the reasons for the crisis in recruitment and retention of teachers

The more you post the more ridiculous you sound.

The first duty of schools is to meet the needs of children with disabilities, and not to discriminate against them. That includes given them adequate support against bullies, and not punishing them for the effects of their disability. If they fail to do that, it sends an absolutely appalling message that they will not protect disabled pupils and will not obey the law.

OK.

I'll continue to do a good job teaching and working young people that I've done successfully for 15 years.

You can continue to insult people online.

Have a good life.

👍

The significant word there is "reasonable". In the context of a child with autism, that includes fully taking his difficulties into account, protecting him from being bullied, and being fair. Ordering OP's son out for swearing rather than dealing with his attacker is not a reasonable instruction.

The first duty of schools is to meet the needs of children with disabilities

Er, no. No, it's not.