Can a school replace a permanent exclusion with a managed move?

[Anthisan2012]

My son has just been permanently excluded from secondary school, the school and local authority are trying to force me into a managed move where they will remove the exclusion. Are they allowed to do this?

They might be able to arrange a MM to an AP. You don't ask you don't get.

It's in their interest as much as your sons to have a successful move to another school.

Yes I have spoken to her and she pretended not to know about the managed move even though the school SLT told me that it had been discussed beforehand. She started off by saying that if I get the option of a managed moved that would be amazing …. For who?? But she had already agreed this with the school anyway so I know they colluding together - because it makes both the LA and the schools life easier. I have been told by the exclusion officer that the new school won’t be able to put anything in place and won’t be able to access any of his recorded until I have signed all the paperwork. I have also been told that I cannot meet with the new school to discuss this all until I have signed the paperwork. I have also been told that I have a very limited amount of time to accept this so I need to act fast / and none of this feels right hence the reason for starting this post.

to start with they were saying how bad the ap is, and how he will be stuck there for over a year now I have shown an interest in that they are now saying he would never go there and it would be home provision. I really feel as though I’m being lied to and pressured into agreeing to this move when I know it is not the best for my child.

Thank you - you are right I will at least try this. Have you known this to happen?

Ok
Whatever you do
Do not tell them you will home educate
Do not even hint at doing work with him at home
This is their responsibility to educate him
And we had tutors in as well ,and it worked well

So from my limited memory
I don't think the lea can force you into the managed move .
I'm pretty sure you have to agree for it to happen
I'm also pretty sure ,if he had already been expelled,they wouldn't be offering this .so from the information you have given ,I also would of refused it ..and explained my reasoning as you have on this thread .
Once the PX is in place ,he becomes the lea responsibility to educate
You are right in your thinking,they are trying to take the path of least resistance.
One more point
My child got expelled from 3 different schools two were special schools.
Nothing was on any permanent records by the time he was doing A levels at college,it was all wiped clean ..he did two years at a private college fully funded on a one to one ..and no mention of any px.
Don't let them worry you ..your instincts are correct x

You can refuse the managed move and access the alternative provisions.

Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies. Have you tried IPSEA and SOSSEN?

If you are up for reading it, you might find the book A Practical Guide to the Law in Relation to School Exclusions helpful. One of the authors is Alice De Coverley who is a well regarded barrister and used to be the Chief Director of The School Exclusion Project.

Are you prepared to be home with him ? During the day

The LA should not be relying on parents to facilitate AP, including sixth day provision. It is the LA’s responsibility. The LA can’t force parents to accept provision at home either.

While a diagnosis is helpful for understanding, you don’t need a diagnosis in order to be meet the legal definition of having SEN or be protected under the Equality Act.

Before our council will even add a student to their three year long waitlist we have to provide extensive evidence of all the ways we’ve been supporting that student as if they have a diagnosis of that need already. As in we have to be providing one to one TA support without the funding provided by the EHCP for years before that child will even be assessed, let alone the process completed.

This is your LA’s unlawful policies. Parents don’t have to accept LA’s acting unlawfully.

I’ve just done some research on google and yes, it seems the op absolutely has the right to refuse the managed move.
I believe a managed move is an alternative to a PEX rather than as well as.
And yes it is does become the lea responsibility to educate a child who has been PEX. It seems that many, will place in PRUs as an interim before a more permanent place is found. So I think the best thing for the op to do would be to stand her ground and refuse the managed move and not be manipulated into it

I don't know if parents have requested it specifically but I know of two pupils who were placed at AP and had their PEX withdrawn.

The school won't want to go to panel for PEX unless there's an alternative, it costs them money and their exclusions are scrutinised during an Ofsted.

@Anthisan2012 this is the probably the only answer you need: https://assets.publishing.service.gov.uk/media/66be0d92c32366481ca4918a/Suspensions_and_permanent_exclusions_guidance.pdf

It explains what schools can and can't do in these circumstances.

I do feel that the school are manipulating me. I think they have rushed to pex and are now struggling to evidence it hence the illegal attempt of pretending the police had requested them to get his passcode for his phone.Alongside the fact the wouldn’t let my son write his own statement in his own words. I think they know they have made an error and are trying to push this managed move to avoid the panel meeting. Because it also seems suspicious that 2 hours into the next school day they have got a school to agree to have him and it all needs to be done super quick. The way they were presenting the move was like a sales pitch (both the school and the la) , dissing the alternative provision and acting like this was a very short term last minute offer than I had to agree to immediately with no opportunity to meet or discuss anything with the new school.

when I showed interest in the alternative provision and how I felt that could meet his needs better - they quickly removed that as an option stating he wouldn’t go to this despite telling me shortly before he would be stuck there for over a year. They then told me I really need to take this offer because otherwise he will end up somewhere miles away and I don’t think I should be scared or pressured into making a decision like that.

I think they are talking bullshit. I would now make sure that any interaction you have with them is in writing from now on. I would also ask them to provide evidence of the police requesting the passcode.
I think it also might be worth doing an SAR request so they have to give you copies of your child’s school records. It seems really strange that they are pressuring this managed move and giving the impression it’s the only way forward. From what I’ve read on google it isn’t. And you are well within your rights to refuse it. Don’t be manipulated by the “fresh start” BS. And don’t sign anything no matter how much they pressure you with time.

They can’t provide evidence of the police requesting the passcode because this is something the police would never do. I have this confirmed by the police. I’m not going to accept the managed move unless they offer alternative provision because I was already arguing for that before this incident.

Thank you this is really helpful. I will refuse the managed move offer and ask if they will consider this. They are due an Ofsted inspection at any time, so hopefully this will encourage them to do this.

I've just seen you say he's on a bespoke timetable. This is clear evidence school cannot meet needs which is helpful for your ehcna. You could also use this as leverage to get alternative provision. LA's MUST ensure suitable full time education is in place, if he's on a bespoke timetable he's not getting full time education. I won't lie, it's a pain getting it in place but they have a statutory duty.

I don't know the ins and outs of the the law around PEx panels, but I believe you can ask for a send/disability specialist to be present in some circumstances.