Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Home ed

Find advice from other parents on our Homeschool forum. You may also find our round up of the best online learning resources useful.

Flip

1 2

Original poster

Judge threatening supervision order if I don’t send my child to school

32 replies

Dandelionroses · 27/09/2024 23:46

I desperately need any help or advice. My situation is a little bit complex my nine-year-old son has been at school for three years and I have recently pulled him out of school and switched to homeschooling.
I done this on various different factors due to his health condition that would affect his attendance at school and that he seems to be learning 100 times better with one to one attention when learning. I currently have a child contact arrangement order being disputed at court due to my violent ex-husband and his solicitors have been criticising my parenting which then led to a interview with Cafcass and an S37 report to be conducted by Social Services. during these both reports my son was still at school and the concerns that the Social Serv brought up was the attendance at school however concerns of welfare or safety. After much consideration and lack of support from the school I then took the decision to take my son out of school and switch him to homeschooling as he has demonstrated in the past that he learns better on one-to-one learning. At my last hearing, the judge had criticised the S37 report and had questioned the Social Serv worker that why isn’t my son on a Child Protection order and why isn’t my son on any type of child in need plan and why isn’t my son on any type of supervision order. The judges claims are all based upon my sons attendance at school. There are no factors that could suggest that my son is in any type of neglect nor is his safety or welfare at harms way. I am now at a crossroads where I desperately need advice. I don’t want to send my son back to school as I can see him thriving in the settings of homeschooling. I now feel with the threats of a supervision order from the judge, that if I don’t send my son back to school, the judge could put a supervision order on me and my son, which would lead to my son being taken away from me.
Anyone that has gone through any type of similar situation, please any type of advice from your own experience would be appreciated.

OP posts:

Saracen · 28/09/2024 11:55

GuestFeatu · 28/09/2024 06:39

Have you actually got legal advice? Because your understanding of the potential orders is muddled. A supervision order wouldn't remove your child or force you to send them to school. I'm wary of commenting on the section 37 because they are only ordered where there are welfare concerns and school attendance by itself is not a welfare concern. You need to talk to your solicitor and get some help to understand the legal implications of everything. Not seek advice on mumsnet over legal issues.

Could be an Education Supervision Order? I agree though, it's unclear.

Original poster

Dandelionroses · 30/09/2024 06:25

Saracen · 28/09/2024 11:55

It's good that you have legal advice. I would strongly encourage you to get specialist legal advice related to home education, as many solicitors are not experienced in the subject. You can start by joining the Facebook group "Home Education and your Local Authority: Help with dealing with officialdom".

The main admin there is a terrifically knowledgeable and helpful retired solicitor who knows all the ins and outs of home ed law and is also aware of the complications where Social Care is involved. If you don't use Facebook, try ringing the Education Otherwise helpline. She is very unlikely to be the one who answers the phone when you call, but they can arrange for her to talk to you. I expect she will either give you detailed advice herself or else check whether your solicitor has the right background and if not, put you in touch with one who does.

Could you please give me a name so I can reach out to them. I agree that many solicitors are unaware of the specifics around the matter of homeschooling. I have found the group and number but just need a name. Thank you so much for the advice btw.

OP posts:

OwlishPeering · 30/09/2024 06:29

Fundays12 · 28/09/2024 07:01

OP apologies if this comes across the wrong way but I am stepping back and putting my safeguarding hat whilst writing this.

First of all your sons attendance is really poor with no diagnosed medical condition which in itself maybe a concern but due to the NHS wait times not a huge one especially if staff saw him in pain.

He was of school a lot longer than he should have been during COVID from reading your post. This is a red flag.

He was moved schools so may have been taken of the radar as the previous school were raising concern. This is a significant factor and could be considered to be red flag.

Social work raised safeguarding and welfare concerns for your son whilst your son was at school. School is considered a safety factor for a child because staff are watching children for signs of abuse or neglect. Your response as far as the judge can see is to remove your son from school to home educate and in doing so removing that safety factor from a child who has already been highlighted as at risk. This is a huge red flag.

Home education -From the judges viewpoint your son was already an at risk child as SW reported this to him/her and your response is to isolate your son by HE him. It is well documented that some parents have taken out their kids from school stating they are HE them so they can neglect and abuse them undetected. These parents know because there is no school staff monitoring there child they can get away with the abuse. This is the biggest red flag yet and one the judge is clearly concerned about.

Personally I would recommend you get your son back in school but speak to social work and the judge and explain the school were not supporting him. Ask if they can get the school to help him properly. I am actually quite surprised reading all this that your son wasn't put on a child protection order. I think the SW has messed up and the judge knows it

Good post, @Fundays12.

YouAteTheSteak · 30/09/2024 06:51

I agree with Fundays's post. As well as the health concerns and poor attendance, I'd also be concerned that you and your son were victims of domestic abuse for a period of 4 years, which might suggest that you couldn't/didn't act protectively. That isn't meant to sound blamey, but it can take victims a long time to get support, and during that time your son would be unseen and have no voice.

Soontobe60 · 30/09/2024 07:06

Has anyone challenged your assertion that your Ds has an illness? You say he’s had stomach problems since birth but has no diagnosis. It could be that school / social services / medics think the illness is being fabricated hence the push for him to attend school.

BendingSpoons · 30/09/2024 07:13

The low attendance and SEN are a difficult mix. The school may attribute academic challenges to him missing lots of school. If an EHCP is applied for (and I'm not sure on this thread that he would meet the threshold) then again the attendance can be an issue, as they can be reluctant to fund 1:1 support for a child who is often not there. I appreciate this is not very fair, as SEN needs can often contribute to low attendance.

Saracen · 30/09/2024 14:58

@Dandelionroses I have just sent you a PM 😊

Flip

1 2

Swipe left for the next trending thread