Prosecution for 'school refusal' - process

[Blahtastic]

My Y9 son has struggled to attend school for the last 3 years due to anxiety and physical health issues, school suspected autism and on their first home visits (pre-covid) asked if he had a diagnosis. Previously we had issues with behaviour at home but with hindsight this would have been masking through primary school and then release of emotions when he got home. I had long suspected PDA though as he fits the criteria.

Long story short, school attempted and failed to arrange the autism assessment so I have arranged this privately. Report is awaited and being delayed by DS's father who has intervened and is now ignoring all parties involved but it can't proceed without his consent. School have now started suggesting that I will have to homeschool DS, they can't wait for the report, and I had a visit from the Attendance Officer yesterday who advised that the LA have enquired about DS's attendance and will be looking to prosecute. I'm being railroaded into taking him off the school roll, but if I do so his father will also object.

Am I right in thinking it's up to the headteacher to give LA permission for a parent is prosecuted? Or do the LA take over? I'm caught between a rock and a hard place. Ultimately I do think (this) school is not the best environment for DS's learning, but whatever I do my ex will object. Am now panicking about being fined and possibly having to pay solicitor's fees if I have to go to court.

Any advice would be gratefully received! Thanks

Hi, I would give your LA home education team a call for guidance as schools are not allowed to force parents to home educated and off roll child because they no longer want the child on roll. You could also speak the your LA medical needs team who should be able to help put plans in place for children on roll but too poorly / unable to attend etc

But schools can offroll children who are not attending with the permission of the local authority missing children staff. Especially if the father is refusing what is needed to get them alternative provision.

It might be necessary to go to court to get an order preventing his father from obstructing an assessment. Then he stays on roll/dual registered with alternative provision funded by the school and has his needs met better.

Thank you both. I have tried LA education for sick children but they won't proceed without a consultant requesting it, and we don't have one. Psychologist can't do anything until they can complete their report.

School said yesterday that they would struggle to complete an assessment for EHCP (I haven't applied yet as was advised to wait for the ASD/ADOS report, which has obviously been delayed), so it will be upwards of 6 months before we can request alternative provision via EHCP unless I can arrange it separately? Apologies if I'm wording this badly, am struggling to process everything at the moment. I don't know how people manage this, working full time as well! If I just had to deal with school I think I could cope but now it's me vs school and vs ex, feel like there are barriers at every turn.

DS's primary school SEN has been supportive and recommended using PALS as DS has been refused assessment by CAMHS so many times. So much to think about!

You can start the ball rolling on an EHCP. The threshold for assessment is that the child has, or may have, a SEN. School plainly aren't coping so they can't say he's fine in school. Look at the IPSEA website for good guidance.
According to my LA, the school refer to the LA for non-attendance. They can choose to refer, and they choose to refer for a fine or refer to Educational Welfare Officer. The EWO investigates and can then consider prosecution in the Magistrate's Court. You can then enter a plea. I don't think it's quick.

Do not de-register unless you actively want to EHE. Parents often find it easier to get support when on a school’s roll even if the child isn’t attending. Crudely you are someone’s problem, whereas it is all too easy for DC’s needs to be swept under the carpet if you EHE. The LA are likely to say you are making suitable alternative arrangements and therefore they are relieved of their duties,

The LA have a statutory duty to provide alternative education under s.19 The Education Act 1996. A blanket policy requiring consultant evidence is unlawful. The guidance specifically mentions the LA should not delay starting provision when consultant evidence isn’t quickly available, they should look for alternative evidence. If the LA are refusing threaten Judicial Review and complain to the LGO.

Schools often put parents off applying for an EHCP by saying there isn’t enough evidence, DC doesn’t need one or won’t get one, but the parents go on the successfully apply for an EHCNA. You should apply yourself now, IPSEA have a model letter you can use. You don’t need to wait for the diagnosis or report. The bar for an EHCNA is relatively low - a) has or may have SEN, and b) may need SEN provision to be made via an EHCP. If the LA refuse to assess appeal, the vast majority of appeals are upheld.

Advice from a psychiatrist &/or clinical psychologist can be part of the needs assessment without the need to sit on the normal waiting list. If the NHS can’t or wait assess within the timescales the LA must seek independent advice.

OP if you're on Facebook then get yourself over to the Not Fine In School group. Loads of knowledgable people who have been through similar and will have great advice for you. Good luck

Do not delay in applying for an EHCP, agree about looking at IPSEA website/ PDA society and support Facebook groups online.
Good luck

Have you spoken to SENDIASS? They should be able to help. Also you can get an education psychologist report for the EHCP even if your son doesn't have an autism diagnosis. The school need to meet your son's needs regardless of whether or not he has a diagnosis. It doesn't necessarily need additional funding, it depends what your son's issues actually are. My son is autistic and his attendance improved after the school addressed bullying.

Be careful with SENDIASS. Some are good, but too many are not and repeat the LA’s unlawful policies. They receive LA funding so are not completely independent and they will ultimately toe the party line. IPSEA and SOSSEN are better.

Thank you all so much. I am annoyed at myself for not requesting the EHCP sooner. I asked school last September, and also the psychologist around that time, and they both said to wait. Will get onto that now. Fortunately school agreed in a TAC meeting in Oct 2020 to treat my son as if he had a diagnosis, I didn't get it writing but they did send out letters confirming he was in the SEN support group. Unfortunately this does not appear to have been conveyed to any of his teachers, only one teacher cottoned on to his difficulties and contacted me separately to discuss. I have an EP report from 2019 which recommends assessment as well.

I'm not on Facebook but have just joined to try and join some groups. Also I've looked at PDA website, just listened to a podcast from a child with PDA and it could be my son, remarkable similarities. Thanks again all!

Sadly many schools tell parents to wait or not apply for an EHCNA as one isn’t necessary or the child won’t get one but the parents go on to successfully apply themselves.

Appeal if you are refused, the majority of appeals are upheld.