Discrimination

[ThatLoyalRedDeer]

Hi,I just need some advice on what other mums think,my daughter who is 12 and in her 1st year at secondary school,she has A S.D and ADHD she is also dyslexic.
Since she started the school she has had nothing but problems,now don't get me wrong my daughter is hard work,.she will test you to the limits,she's right and you are wrong,she has no empathy for others ,it's her wee world. From Sept to Dec she was being sent to another room,teacher would stand at the class room door with her hands outstretched and refuse to let n her In,school said this to let her calm down in the mornings as she was a bit hyper,I knew this was untrue as she's not hyper first thing in the mornings but I let it go.she was being sent there for other reasons,fidgeting with a fidget toy,or getting out of her seat or answering back.That teacher left and we have had a quieter time but recently things have gone down hill again,now she's suspended,ive asked why and they said ,she's doing things she's not meant to do and not doing things she's meant to.The school have also suggested that I put her in a special needs school,2 teachers have told my daughter on separate occasions that she doesn't belong in this school,where do I go from here,are they discriminating against her?

You only got told one side of the story. The school will have a different version so for you to insist that the school acted illegally is just typical mumsnet bs.

I don’t think they are discriminating against her. She can’t disrupt the class by wondering around and writing on the whiteboard, that’s not fair on the rest of the class, so they were right to remove her. If the school can’t cope with her then she will need a different setting.

No, it is not "typical Mumsnet BS".

There is a clear process the school is required by law to follow when suspending a child. That includes providing OP with immediate written notification setting out the length of the suspension and the reasons for it. OP says that hasn't happened. This is therefore an unlawful suspension unless the school's side of it is that OP is lying.

The school is also required to provide suitable work for OP's daughter to do whilst she is suspended, and to mark that work. There is nothing in OP's posts to suggest that is happening. However, I accept it is possible they are doing this and OP simply hasn't mentioned it.

Getting the school's side of the story may tell us more about why OP's daughter was suspended. That can tell us whether the decision to suspend was Wednesbury unreasonable. It can also tell us if the school has suspended OP's daughter because they think they can't meet her needs, which would be unlawful. But, unless OP is lying, getting the school's side of events won't magically fix the procedural errors they have made. Those procedural errors mean this is an unlawful suspension.

This is a class room with 15 kids that all require help,it's called the unit,they have 2 classroom assistants to help the kids,This school was well informed about how my child behaves and they accepted her.Shes not the only child that gives problems.From Sept to Dec the then teacher thought that she would do things her way,sending my child to a room on her own,refusing to let her enter the class in the morning by standing at the door with her hands out stretched.if my my child done something or disagreed with something then she would send her to this room,if my child said she hadn't done anything wrong ,this teacher would take the rest of the class to another room. They didn't recognise her dyslexia so she wasn't given a reader to help in small tests,im am in no way excusing my child,I'm the 1st to say how hard she is .I have offered to sit in the school all day,I have had to leave my job because of all the problems.I still haven't received a letter about her suspension although they have said it was posted last Friday.

OP have you sat down to discuss with the head ? Ask them to email a copy of the letter as clearly it's been lost in the post.

I know you are angry with the school. You can't just attend school all day every day unless you're a TA. You need DBS checking for starters!

I'd just focus on finding out what rhe school is planning to do to cope with her, whether that meets the current statement. Reviewing the statement and deciding if you need a new statement because things have changed.

I'm am already dbs checked from my previous job and have the cert.The problem is she needs a one to one but there unable to give her that,she has 20hrs and the are trying to get this increased.I had another meeting yesterday and told them I still haven't got the letter.The meeting is with the deputy head who is also the senco.At this time of year all learning assistants are helping with exams.

2 TAs for 15 children with additional needs?

They need more. But probably aren't funded for more. So can't cope with it all.

if my my child done something or disagreed with something then she would send her to this room,if my child said she hadn't done anything wrong ,this teacher would take the rest of the class to another room.
Is that not a classroom evacuation technique for safety? Surely they wouldn't do that just because of a disagreement?

@ThatLoyalRedDeer

If she needs more help than the staffing there allows, does this mean that another school would be more suitable? Is there a school in your area which would be able to provide the help? Apologies if you have mentioned another school and I've missed that bit.

It does sound as though the current provision isn't what she needs.

Well they did,the teacher left Dec so it hasn't been done since.

If you carry on reading, you will find the drip feeding starts to come through. Don’t make conclusion too quickly. I have seen enough on mumsnet over the years to know there are always two sides to every story about schools.

Nothing excuses an unlawful informal exclusion.

OP your child is in a 1:5 ratio room already and struggling.
One of the only ways to access alternatives is to have been excluded and the school proving they can't "meet the need".

Are the letters not emailed too? Check your spam.

I can see the school POV, your DD sounds like a lot to deal with, even in a 1:5 environment.

I have read everything OP has said on this thread. Nothing she has said alters the fact that the school failed to follow the correct procedure and therefore this is an unlawful exclusion. An exclusion may be justified. An unlawful exclusion is not.