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School, EHCP admissions, safeguarding, off rolling, help please

2 replies

fleshmarketclose · 19/05/2019 13:26

Tribunal at SENDIST December 2018, ruling 1st February naming a school I didn't want. Dd classed as medically unfit for school February 12th and that continues. No out of school provision made despite me repeatedly asking. Formal complaint about this quoting the law, DfE guidance and LGO ruling. Stage one response is fundamentally "no we haven't made provision and going forward we don't intend to make provision send her to school" Stage two response much the same only cherry picks one sentence from a two page report detailing her medically unfit to suggest it is parental choice (school is not my choice but dd's absence is down to ill health but LA carefully quoted to alter meaning). Sent complaint to LGO.
Beginning of May I started to question why nobody was seemingly bothered by dd's continued absence as had had nothing from the named school or educational welfare regarding continued absence. Emailed school asking for attendance records as was curious as to how dd's absence was being recorded. As is normal school ignored but on third time of asking I got a response stating that dd wasn't registered at the school despite being named on the EHCP because they hadn't received records from previous school but would do that on Monday 20th May and she would be a pupil from then.
I suspect the school haven't registered her as a pupil so as to avoid her absences being recorded. My daughter has seemingly been invisible since December when she stopped being a pupil at her previous school. She has had no provision as a child out of school, no welfare checks and the £49k cost of her EHCP is either still with LA or with the school, as LA state in both complaint responses that dd had a place at the named school, despite her not even being registered there.
Can someone explain what should have happened and what I should do about it please? I know schools don't have to wait for school records to admit a child and after all the school had the EHCP that explains dd's needs far better than a school record could anyway. What is the usual timescale once an amended EHCP is issued? Should dd have been on school roll and did the school have a responsibility to my daughter once the amended EHCP was issued?

OP posts:
Chocolate50 · 21/05/2019 22:56

You need legal advice but as far as I'm aware it is the local authority that you live in that has the overall responsibility for your DD's education. If the school that she is on register for is medically unsuitable and you have a professional opinion on that then they should by law as far as I know, be making alternative arrangements for her education. If they are saying the bew allocated school can meet her needs then I'd be looking at why its different from the last school. If you want a specific school this would be because no othet school can meet your child's needs on the basis of .... (medical needs etc). But you normally need professional evidence for that as you probably have got already.

There are some helplines I believe - how old if your DD?

prh47bridge · 22/05/2019 08:31

You have had good advice on your thread in Education. As the previous poster says, your LA is responsible for your daughter's education. They must provide the school with funding and ensure that the school is delivering the support required as set out in the EHCP. The LA has clearly been asleep on the job. If they have ignored the LGO you may have to take them to court. See a lawyer who specialises in this area.

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