Would home education be a good fit for us?

But remaining on the school roll does not have to equate to attending full time, or at all, if that’s not in his best interest.

Hi OP, I suggest you make contact directly with your local council to find out where you are in the ECHNA process. I used a SEN website to download the necessary complaint and appeal letters, check on the process etc (I've forgotten which one, PM if you want the link). However I applied for the EHCPNA myself and our council use a portal so I can see everything uploaded there, including from the school, and the timeline. I don't know if all councils have this. I imagine my council will refuse to assess but at least it seems they will do so efficiently!

If you haven't been copied information submitted about your son, maybe you will ultimately to do a Subject Access Request to school, the council or both.

Good luck. Don't deregister yet.

So yes then

You don't think the LEA attendance department will harass and push for a SAO? Keeping a registered child off school has consequences!

a) OP’s DS is below CSA and parents of DC below CSA are entitled to send them part time, or defer completely until the term in which their DC is CSA or until the beginning of the final term of reception, whichever is first. In both these cases the pupil remains on the school roll and there are no ‘consequences’ for the parents. The LA won’t pursue a SAO in this situation.

b) if a DC is unable to attend school full time due to their SEN &/or MH then the LA won’t get anywhere if they try to pursue a SAO. Again, the pupil remains on the school roll and there won’t be any ‘consequences’.

They could still be very difficult...

Well they can try, but they won’t get anywhere especially whilst OP’s DS is below CSA as she doesn’t need any reason. There won’t be a SAO or any other consequences.

I'd keep him at home for another year. 4 is very young for a neurotypical child so even harder for your ds.

They can't do anything when the child is below CSA. School attendance is not mandatory before then, nor do parents have to home educate. There is no legal requirement for a parent to ensure that a child below CSA is educated.

I think you are confused about what a School Attendance Order is. It is not relevant to a child who is registered at a school. An SAO directs the parent to register the child at a specific school. It is typically issued by an LA who believe that a child of CSA who is NOT registered at any school is not receiving a suitable education, for example because their home education is inadequate.

However, it's true that keeping a child who is CSA off school has consequences. Usually fines are threatened if the school does not agree that there is a good reason for the child to be kept out of school.

I think that poster probably means an ESO, but that still wouldn’t apply here.

Even if the OP’s DS was CSA the school and LA can threaten fines however much they like, but if the child is unable to attend due to their SEN/MH that’s all they are, threats, that can be challenged and the LA won’t get anywhere at enforcing them.

Yes my mistake.

Anyone who has tried to keep a registered child off school will know that unless Flexi schooling or reduced hours have been agreed there are constant phone calls and pressure to just get him there. I think mum and child have suffered enough for now surely.

There wouldn’t be for a child below CSA whose parent exercising their right to attend part time or defer until CSA.

There may be for a child of CSA, but that doesn’t mean there will be any consequences. Unless the authenticity of the absence is in question the absence must be authorised without question. The LA wouldn’t get anywhere with enforcement action if the pupil wasn’t attending due to MH/SEN. It helps if the parents know the law and can advocate for their DC.

And I have kept a child off school due to their MH/SEN.

Not my experience but fair enough. Perhaps different in different areas.

The laws the same whatever LA you live in.

*law is

Do you work? If so, how will you balance with your DS?

You don’t need to ask the school about appealing, the information will be in the letter from the LA. You did get a refusal letter didn’t you?

I find it odd that there are so many toilet training issues in schools now, and this is being blamed on disability.
Disabled children have always existed, yet in the not too distant past, a un toilet trained child at school was a rarity.

Strange. I wonder if it's mirrored around the world......

There are far more DC with additional needs in MS than there was in the past. There is also much more openness about additional needs whereas it used to be hidden much more. But DC having regular accidents wasn’t a rarity in the past, they were often just forced in to pants before they were ready and had accidents.

The school can’t appeal, only parents can.