ADHD and schooling. What to do?

[Bristolmum9]

9 year old son with diagnosed ADHD has been on a reduced timetable since September. We have only recently obtained medication which according to school is not having sufficient impact for full time admission also headmaster has emphasized that permanent exclusion cannot be ruled out.
We have been exploring son repeating a year as he is very behind and is a late August baby. Headmaster has emphatically ruled this out. We think it likely that the school just wants rid of a challenging special needs child. When we try and advocate with school it seems too illicit threats of permanent exclusion so we are now worried about causing further upset.

We are floundering about unsure of our rights, what would be in sons best interests, while he is falling further and further behind and possibly storing up costly future problems because his needs are not being met. We are unsure if a different school would a) accept him b) perhaps be a disruptive move. Don't know what would be best or what our choices are.
Has anyone out there any experience that could be helpful.

Hi OP, I'm so sorry to hear that you are going through this. A few questions, if I may? Does your son have an EHCP in place? What kind of challenging behaviour is he displaying to warrant a part time timetable? Have the school/SENCo put in place any support so your child can access the curriculum suitably?

I would also try and ensure that conversations between you and the School Head are in writing so you have a paper trail - you shouldn't be threatened with exclusion whilst merely trying to advocate for your child.

If there is a Governor linked to SEND, it may also be a good idea to involve them within the conversation if you feel you are not being listened to.

You may wish to speak to IPSEA/SENDIASS within your local area who may be able to give you further support.

Wishing you all the best 💐

Reduced timetables are almost always illegal. Is there a reintegration plan with clear SMART targets for getting him back into school full time? How often is the plan being reviewed?

From your user name I'm guessing you're in Bristol, have you been in touch with the (excellent) Bristol SEND Justice group?

Apart from a reduced timetable, what other support is in place so far?

You have medication.

Do you have an ehcp?

Are there any other provisions in the times he isnt in school. Sometime farms, sports provisions etc exist for those at risk of exclusion. There are also mentor schemes in some places.

Repeating a year is generally not a solution for children with special needs.

The usual solution is to apply for an EHCP with or without schools support which will give him the support that he needs

Why is he on a part- time timetable?

Permanent exclusion is very difficult for schools to do these days and if the school do permanently exclude him the local authority still have a responsibility for his schooling.

Has he had any suspensions?

This isn't just about special needs though. It's about having missed a large portion of the school year and being an August birthday making it worse. If it was just the SEN it would be one thing but missing a lot of the year makes it quite a different issue.

DS is being unlawfully informally excluded.

If you want DS to attend full-time, email the HT saying DS will be attending full-time unless formally suspended. Don’t worry if the school does go on to formally suspend. If they do it will a) provide you with evidence of unmet needs, b) force the school to follow due process, c) limit the number of days the school can suspend for, and d) allow you to challenge any suspension.

If you don’t think DS can attend full-time (and not just because the school day so) the LA has a duty to ensure DS receives a suitable full-time education. On their website, IPSEA has a model letter you can use to request this provision.

Alongside this, if DS doesn’t have an EHCP, request an EHCNA using IPSEA’s model letter. If DS already has an EHCP, request an early review - IPSEA has a model letter for this too. I wouldn’t move schools now without first requesting an EHCNA.

Big thank you for all the good advise. Son is currently being assessed for EHCP. We expect him to get it. He was suspended three times his behaviour at this time was very challenging, although if he had been treated with more sensitivity it may not have been so bad. It seems his behaviour gets worse as the day progresses. He will leave the classroom and has hit out at the headmaster! This has obviously not endeared him.
We are so worried as his learning is now very behind. Appreciated advise about changing schools. We would love to get some home help for him as we both have full time jobs.

In addition to putting a stop to the unlawful informal exclusions (if you want DS to attend full-time) or requesting provision under s19 of the Education Act (If you don’t think DS can attend full-time and not just because the school day so), have you had social care assessments? A carer’s assessment for you and an assessment via the disabled children’s team for DS.

I am not sure if this is the same everywhere but in my region, if youy child repeats a year, they get bumped up again when they change schools so would go straight into year 8 at secondary school. So not really a sensible option. I agree with others though, the school shouldn't have him on a reduced timetable. However if the school aren't working with you and your son then I would move him anyway. Try asking for recommendations on schools in a local parents group.

No area should have a blanket policy of DC educated out of chronological year group skipping a year on transfer to secondary. If OP’s DS gets an EHCP, being educated out of year group can be included in there.

Wish I had known that before my son got corrected back to his actual year group... It wasn't even discussed with us, it was just assumed that he was going into y8 because of his age. I only found out when he went into y9 and it was actually y10. It is a special need school but still.

Just in case you aren't aware, once any child has been out of education for any reason for 15 days, the local authority have a duty of care to provide alternative provision. If you are in Bristol, I can highly recommend Pathways learning centre in Downend. They offer in centre or home tuition that is specifically targeted to your child. The tutors are absolutely amazing.

The 15 days don’t need to have already been missed. Provision should begin as soon as it becomes clear 15 days will be missed and at the latest by the sixth day of absence.

just a small tip. This was something i went through with my DS at primary (asd/adhd)

Legally the school has to prove that suspension has a 'legitimate aim'. If constant suspension has no 'legitimate aim' that they can prove, then they CANNOT keep suspending him.

I bought that up with my son's school and they had to switch to internal exclusion, as DS didn't WANT to be at school, so had cottoned on that awful behaviour would get him sent home, all suspending him was doing was giving him what he wanted. So i stopped it.

Suspension and permanent exclusion guidance September 2023 (publishing.service.gov.uk)

"Schools must also ensure that any provision, criterion, or practice does not discriminate against pupils by unfairly increasing their risk of exclusion. For example, if reasonable adjustments have not been made for a pupil with a disability that can manifest itself in breaches of school rules if needs are not met, a decision to exclude may be discriminatory. The governing board must also comply with their statutory duties in relation to pupils with SEN when administering the exclusion process, including (in the case of the governing board of relevant settings10) using their ‘best endeavours’ to ensure the appropriate special educational provision is made for pupils with SEN and (for all settings) having regard to the Special Educational Need and Disability (SEND) Code of Practice.1"

"A suspension may be used to provide a clear signal of what is unacceptable behaviour as part of the school’s behaviour policy and show a pupil that their current behaviour is putting them at risk of permanent exclusion. Where suspensions are becoming a regular occurrence for a pupil, headteachers and schools should consider whether suspension alone is an effective sanction for the pupil and whether additional strategies need to be put in place to address behaviour"

"Any exclusion of a pupil, even for short periods, must be formally recorded. It would also be unlawful to exclude a pupil simply because they have SEN or a disability that the school feels it is unable to meet"

"21. A further example of off-rolling would be exercising undue influence over a parent to remove their child from the school under the threat of a permanent exclusion and encouraging them to choose Elective Home Education or to find another school place."

"For those with SEN but without an EHC plan, the school should review, with external specialists as appropriate, whether the current support arrangements are appropriate and what changes may be required."

A guide for parents on school behaviour and exclusion - GOV.UK (www.gov.uk)

Part-time timetables
There are very limited circumstances in which your child’s school should place your child on a part-time timetable. This should only happen if a part-time timetable is required because of your child’s physical or mental health needs.
Your child’s school should not be using a part-time timetable to manage your child’s behaviour.
If you believe your child’s school has placed them on a part-time timetable because of their behaviour you should approach the school to discuss your concerns in the first instance.