How to dereg from a special school?

[StarlightMcKingsThree]

Bleugh.

Educational Welfare says no.

What now?

Really? I didn't think that was the case if he had a statement though get the impression the EWO was a bit confused herself.

Thank you.

I put in a request in writing (though not with the legal stuff) and got told a verbal no but that it will be referred to someone else to double check.

I'll see what happens on Monday. Perhaps I need to do the legal letter thingy but it seems silly given I have already made the request.

The HE-UK site has a bit on this - www.home-education.org.uk/legal-dereg.htm. It doesn't say if there's any case law or guidance about when a local authority can say 'no' and I don't know of any. It is clear though that they can't just say 'no'. The LA would have to give very clear written reasons and then you could challenge them. I think a stern letter saying that you need to know their reasons so that you can take legal advice and maybe suggesting that they may want to refer the matter to their own legal department. I would expect that their legal department would be mindful that such a decision could be subject to judicial review and so the LA would need fairly watertight reasons. At this point they would hopefully realise that they don't have proper reasons and back down.

Gosh I have never heard of an LEA saying no. Yours does like to make life difficult for you doesn't it starlight. Good advice from lilyfire. It's a bit out of date & I'm sure you've seen it but home educating our autistic spectrum children has a section on legal issues iirc.

Thank you lily

Saintly This is a different LA. They are much better (though no saint) when it comes to HE, but they're pretty hostile to HE without the added complication of SEN.

I get the impression that they are pretty powerless to stop those without statements so they stamp their authority on the statemented kids. I dunno. The EWO said that we'd have to have a tribunal

I don't think she knows what she is talking about though because I have never come across a tribunal panel that is for people wanting to remove their kids from school (and I'm quite sure I would have by now). Get funding subsequently yes, but not simply removing.

Sorry, meant to say: They are much better (though no saint) when it comes to SEN, but they're pretty hostile to HE without the added complication of SEN.

Hi - I don't know 'chapter and verse' for English law, but if you look online, in www.legislation.gov.uk you should be able to look up the details of the various Education Acts which cover this sort of thing - the Education Otherwise website has some pointers to certain Acts and sections, but it will take some digging around.

But EO certainly say that the LA are not able to just refuse, even if they give you the impression that they can. So - armed with the sections of the law that say exactly what you can and can't do, you'll probably find that they back down pretty quickly. I think they rely on the fact that people can't face reading all the legal jargon for themselves, which is not surprising when you see how much there is to wade through.

In Scotland, if your child is in a state school you have to ask for consent to withdraw them to HE. But there is plenty of protection in the laws and the guidelines for local authorities which explain that they can't just refuse without giving reasons. I'm pretty confident that there will be similar wording in the relevant laws for children in special schools in England. It will just take some digging round in the wording to find the right bits.

Hi

The school can't just take the child's name off the register of a special school without the consent of the LA, so in that respect it's different from deregistering from a mainstream school.

Some LAs want you to provide information about how you will meet the child's special needs at home before they will give consent, but it shouldn't be a lengthy or complex process. Not sure who it is at your council who has said no.

I have more information on my websites edyourself and ehe-sen

Thank you. It was the EWO who said no and that I'd need to take it to tribunal but I suspect she's got her wires crossed.

Well EWO said it was SEN team that had to agree and SEN team said it was EWO.

One of the reasons for refusing was because it was an independent school and they have already paid the fees but that's silly because all placements cost and kids move all the time. Why should my child have less opportunities simply because his needs can't be met in county?

Your reason for home edding is that he isn't making the expected level of progress.

So document how you intend to ensure that he can make decent progress. Then put in writing that if he is to remain in school you'd like to know how the LA will ensure he makes the expected levels of progress. They have to give you their reasons for refusal, and those reasons have to be reasonable.

I suspect getting it in writing (copy your letter to the head of children services but address it to the EWO by name) will resolve it. So far the EWO is just spouting what's coming off the top of her head.

Don't be scared to include a "CV" for yourself as all that ABA training you've done, means you are better "qualified" than she is. Also include an "educational philosophy", again it shows you know what you are doing. If a child is not being properly educated in their current placement then they have no "reasonable" argument to refuse consent for him to be removed. This means they may resort to bullying nonsense.

IPSEA will have danced this dance before - get onto their helpline asap. Be prepared to do a SS dance like I had to last year, there's no way I'd have kept my son in his school for the summer term if the legal advice hadn't been for me to let them hang themselves on their own rope (evidence of school failure). It was time wasted we can't get back.

You may find it easier to just fight for a decent placement for next year.

p.s
If the school isn't teaching your child then it's reasonable for the LA to demand a refund of fees, for the next two terms of the year - just as you would if a garage failed to fix your car. That isn't your problem though, that's a job for the town hall bean counter.

Hi Boch

I can put into writing what I am expecting to do, but don't want to promise things that I might find I have to change (though I guess I could say that.

I'm not going to challenge the LA to ensure he makes the progress in SS yet but I will do if they keep insisting.

This is because a)progress is not just about academics, b)there is no agreement on what 'expected' is for him, and c)no-one gives a feck about progress so long as professionals have him instead of parents.

I am also dithering about putting down the ABA stuff. Although it does demonstrate credentials I imagine it is the fastest way to ensure a certain band of Lawyers are hauled in.

However, I suppose I could talk about taking and regularly analysing data, as well as using precision teaching and using data to refine and direct planning instead of defining right now what I will do in a month.