School can't meet DS's EHCP

[shouldhavebeenme2014]

Hi all,

My DS5 has ASD and is on an EHCP at a mainstream primary. He has 15 hours one to one a week.

Had an email today from the SEN lead to day that unfortunately they can't meet this need currently due to staff shortages as some staff are self isolating due to being high risk.

As they are not meeting the legal needs from the EHCP where do I stand with pulling him out?

Any advice would be appreciated

Thank you.

Our school is currently authorising all absences. In the grand scheme of things, he's in school, school is open. They probably have other children off so existing staff may have more chance to work with your son. What do you expect them to do? You can't be oblivious to the current crisis.

@Nix32 of course I'm not oblivious, what a thing to say!

I understand that the school is in a very difficult situation, I am not disputing that at all. And to be clear, I am not criticising the school at all.

I just know how tricky it is for my son to be without his 1:1 and I wondered if there would be any legal recourse should I keep him off due to them not being able to meet his plan.

I'm sure any SEN parents would be able to emphasise with my question.

If you're worried about sending him in, then why not just ring up and say someone in the household has a cough so he needs to be isolated for 14 days- this will take you up to Easter anyway, and you can reassess in the new term.

If you ask the school about keeping him off due to them not being able to meet the ECHP, they will be in a difficult situation, as they won't want to be seen as illegally excluding him/offrolling.

However, in reality, I imagine they will be grateful you are keeping him off.

You are unlikely to be able to contact your Plan Co due to LA's closing down (ours has) but if you feel your child is a risk, you are welcome to keep them home. Just make sure you don't say you are 'educating at home' or you will lose your support/funding/school place m!

I’ve already pulled DD out. She’s also got an EHCP. DS has come out of primary too. Both schools were fine. Actually I think you’d be doing school a favour.