Can I keep my Year 7 daughter home while seeking a school move?

[Olderthanmadgebishop]

Help!
My daughter is in year 7 and has been struggling with secondary school with getting bullied. School are crap.shes got undiagnosed ADHD and seems to have traits of autism according to the school. They don't do anything about bullying, she's at the point where she is refusing to go in tomorrow.
I want to move her school but I'm worried that nowhere will take her as her attendance is 89% and she has been purposely being sent to the detention room so that she can be alone and work in peace.
What can I do? She self harmed her face because of the bullying and they know that but I'm terrified she's going to do it again.
So I just keep her home and apply to new school?! Can I get an ehc without diagnosis,?

An ehcp dose not required a diagnosis, just that the child has or could have SEN which cannot be met with standard school provition, which you daughter does. However, it's a long process. Getting a new school named through the ehcp will take at least 6 months, and it sounds like your poor dd needs to be out of that school now.

Ring up your LA and explain that your DD cannot attend that school due to ESMH (emotional, social & mental health needs). Under section19, they are obligated to arrange suitable, full-time education for children of compulsory school age who cannot attend school, due to illness, exclusion, or other reasons. The bullying at school damaging her meantal health falls under 'other reasons'.

If you think she might manage a different mainstream, they will probably be very happy to arrange a transfer, as it will be the cheapest option for them. If she needs specialist provition, that will take longer to do the needs assessment and find her a place, but they will need to provide an alternative (like online learning, tutor or non school setting) in the meantime.

@Sprogonthetyne thank you so so much for this advice! I can't tell you how helpful and reassuring this is! I'll ring first thing,I'm terrified she will hurt herself it's got so bad.

You can make an in-year application to move schools now. If they have a place, schools can’t refuse to admit because of DD’s attendance or detentions. On behavioural grounds, they can only refuse if they have reason to believe DD will display challenging behaviour, they already have a high proportion of pupils with challenging behaviour or previously permanently excluded, and they consider admitting another pupil with challenging behaviour would prejudice the efficient education of others or use of resources.

If DD is unable (in the legal sense, not just that you want DD to move schools) to attend school, as pp says, the LA has a duty to ensure she still receives a suitable full-time education.

I wouldn’t, but alternatively you could deregister and EHE.

Have you followed the school’s complaints process if they aren’t dealing with the bullying?

You don’t need a diagnosis you an EHCP. You can request an EHCNA yourself. Despite what LAs think, the EHCP process is governed by statutory timescales - with a few exceptions, it is 20 weeks from request to finalising. However, many have to appeal, sometimes more than once.

Most state schools cannot refuse an in-year applicant if there are spaces (academies might ask for more information).