Permanent Exclusion at Six years of age.

[HoundoftheBaskervilles]

I don't want to be writing this, I can't believe I've got here, but i need the help of the women on this board.

My daughter is six years old, I have her and a DS (who is the World's most, gentle and biddable child), DD is different, has been volatile from starting school (she was fine at pre-school).

From the age of four DD has been angry, (she's the youngest in the year, August born, and whilst I think this is contributory I don't think it's causal), she started school early and I think I may have made a mistake at putting her on the school bus as a young four year old, but, we live rurally and DH works away & I (despite repeated efforts, have yet to pass my driving test - it was expedient at the time) The first school she went to, she wigged out on the school bus, attacked other children, it wasn't great. I'm trying to precis here, but the school handled it badly, they kept putting her in isolation at the age of four and we had many meetings, I kept trying to tell them, many of her feelings are relating to rejection - she's always been insecure (for no reason - she's had a happy life - but she feels, and always has, rejection very seriously).

So we changed schools, we went to a school recommended by our peers, and it's been brilliant, so supportive, we accessed CAHMS, She had one to one support (which was ended at Easter on the behest of the LEA).

But last week, it all went wrong, she's been great at school for nine months, brilliant, not a problem, last thursday she started to go a little off the wall. Tried to abscond, it was handled ok, tried to abscond the next day, I was called in, when I got there, she'd been physically restrained for 30 mins, the two teachers who were involved in the restraint were looking resigned, but not upset. She was released and immediately went for the teacher that had restrained her, kicked her & pulled her hair, the teacher stormed off with the epitaph 'I've had it with this school',

I managed to calm her down and she wanted to apologise, we went to the office, but the teacher concerned was still crying, when she saw this DD grinned, it was a nervous grin, but it was still a grin, the secretary chased her out with a 'I don't think that's very nice DD', I just excited the area, I had to get away, I knew apologies were futile by this point.

She was excluded for three days, I had the letter yesterday, it hurt, but I understood, I went in today to what I thought was a reintegration interview, I was met by the Vicar who serves on the board of govs and was given a letter of permanent exclusion.

I've been blindsided, I'm so upset, I had 30 seconds to formulate an appropriate response. She's six, I feel she's been excluded from education forever.

SIX

Fuck - I'm so upset - I need some help here.

1.1.4 There will, however, be exceptional circumstances where in the
headteacher’s judgement it is appropriate permanently to exclude a
learner for a first or one-off offence. These might include:
• serious actual or threatened violence against another learner or
amember of staff
• sexual abuse or assault
• supplying an illegal drug
• use or threatened use of an offensive weapon.
1.1.5 In most cases it would be appropriate for schools to inform
the police if they believe such a criminal offence has taken place.
There may be cases where this approach is appropriate for learners
excluded for a fixed-term. Schools should also consider whether
or not to inform other agencies, e.g. Youth Offending Team,
socialworkers, etc.

It would seem in my case the exceptional circumstance cited would be a 'serious actual violence against a member of staff', however as the document then goes on to talk about informing the police in these circumstances I don't believe what actually happened can be construed as 'serious' given these terms, whilst unpleasant and certainly unacceptable, I can't believe a six year old pulling your hair is grounds for police involvement. This may be arguing about semantics, but it seems to me, given the other offences listed here, we're talking about incidents that are deemed worthy enough to warrant police involvement.

In which case I don't think 'exceptional circumstances' are suitable grounds for permanent exclusion in this case.

Next I confirmed from the policy doc that managed transfer would be inappropriate in this case, so thanks to the PP that pointed that out to me.

1.16.1 Statutory guidance on identifying, assessing and making
provision for learners with SEN, including those with behavioural,
social and emotional needs, is given in the Special Educational Needs
Code of Practice for Wales (Welsh Assembly Government, 2002),
which came into force on 1 April 2002. Schools must have regard
to this guidance. School governing bodies have a statutory duty to
do their best to ensure that the necessary provision is made for any
learner who has SEN.
1.16.2 Other than in the most exceptional circumstances,
schoolsshould avoid permanently excluding learners with statements
of SEN. They should also make every effort to avoid excluding
learners who are being supported at School Action or School Action
Plus under the Special Educational Needs Code of Practice, including
those at School Action Plus who are being assessed for a statement.

Although DD does not have a statement, she was being supported through School Action, in her case, I don't believe every effort has been taken to avoid exclusion.

1.16.3 Where a learner is permanently excluded, the headteacher
should use the period between their initial decision and the meeting
of the discipline committee to work with the LA to see whether more
support can be made available or whether the statement can be
changed to name a new school. If either of these options is possible,
the headteacher should normally withdraw the exclusion.

I don't know whether this is happening but will be following it up tomorrow, it appears from this statement that if 1:1 and any necessary additional support can be reinstated then the HT should withdraw the exclusion.

2.1.12 In exceptional cases, usually where further evidence has come
to light, a fixed-term exclusion may be extended or converted to a
permanent exclusion. In such cases the headteacher must write again
to the parents/carers and/or learner explaining the reasons for the
change.

I certainly don't know of any exceptional circumstances (and there certainly can't be any further evidence that has come to light, as I was witness to the incident) that would be applicable for the conversion from a fixed term to a permanent exclusion, I have asked for the reasons for the change but have yet to be informed. It seems to me they've acted improperly in this respect.

And if you read through all of that, I applaud you! There's more I found but largely relating to the procedures for the meeting rather than the initial decision, which I now believe to be flawed.

Do you think it's possible I have a case to actually have the exclusion rescinded, or am I deluding myself here?

Saintly, the funding was definitely from the LEA not from the school budget.

Camel, think there may be some confusion there, there HAVE been many problems since she's been at the school, they culminated in her having 1:1 support which was working very successfully but was withdrawn at Easter by the LEA as they deemed it to be no longer necessary. Before the incident last week, there have been no incidences for about nine months, she's been at the school for two years.

Surely if the appeal is successful she MUST be moved back to the school that permanently excluded her or what is the point of the appeals process?

Incidences? Incidents obviously, sorry, I'm tired, it's been a long few days!

Camel, I'm not at the appeal stage yet, I have the initial meeting with the board of governors next week.

Please you need to be careful. You are in a welsh school and are getting advice which is what happens and are the regulations in England. The exclusion was from a welsh school and it will be the welsh regulations that will be followed.
Be under no illusion, the welsh regulations allow for a one off offence of violence to a member of staff for which permanent exclusion is an appropriate reaction. There are circumstances which start to question whether the punishment did fit the crime, such as the withdrawal of the 1 to 1 and the length of time that restraint was being used and especially how the 3 day fixed term exclusion became a permanent exclusion. But you are talking to people and not focusing on the important issues.

What did the first exclusion letter say?
What did the second permanent exclusion letter say?
Were both letter legally correct?
What influences came into play in the decision to PE
Has your daughter been given the opportunity to give her side of the story?

Whereabouts is the school? North wales, mid wales or south wales and what schools are available in England? The English LA is responsible for full time education of your child from the 6th day until the discipline process has been completed. If the permanent exclusion is confirmed then as you live in England it will be the responsibility of the English LA where you live to find a new school place.

Please PM me with details

Have PM'd you Admission - thanks!

Well IPSEA seem elusive, have been repeatedly trying to no avail so have booked a call with them for Monday evening.

I'll get DD's school records this evening so will review those, other than that, I'm just going to try and have a nice weekend with the DCs and see if I can approach things with a fresh eye on Monday.

It's doubly difficult to try and get it all done when DD seems to want ALL my attention at the moment (understandably), but I'm seeing a regression in her home behaviour to what we were witnessing at this time last year when things were very bad at school, which is very distressing.

She seems very up and down, we were laughing our heads off earlier with to a language we just made up, ten minutes later she was lashing out and bolting down the road because I wouldn't let her do something, plus she keeps intermittently shouting that she wants to go to school, it's hard for us all, I've tried to explain the situation and that I'm trying to help her get back, she's struggling to understand why though, as in her eyes she's been having a great time there recently and Friday was just a blip (it really wasn't any worse than things we were seeing last year when she was throwing chairs at staff and pupils and periodically wrecking the classroom, whilst lashing out).

It's so hard.

I feel for you OP. Do you really want her at this school now that all this has happened ? Do you have any other local primaries (sorry haven't read whole thread)? I guess the LA will just move her to another school but surely they will reintroduce the care plan?

If your appeal succeeded, DD certainly would be reinstated in this school as it would result in the exclusion decision being set aside. However, I do think that an incident where DD tried to abscond twice, had to be restrained for 30 minutes, and then kicked a teacher and pulled her hair is capable of fulfilling the criteria for a serious one-off incident that justifies permanent exclusion. But, as I said upthread, it depends on what led up to the incident and whether they could and should have taken steps that would have averted it, and whether they were using proper restraint techniques - indeed, whether restraint was needed at all.

If you haven't heard from anyone about full time education from the sixth day, get in touch with your local authority education department.

Have a look at all PRU's, Special schools (They are not all the same, different special schools cater for different problems) ARP's Mainstream etc
Also write down everything that you do with your daughter both at home and away to help her deal with and help with her problems (may be social stories, reward chart, visual timetable, disipline etc)
Have all of these things ready if you can for your meeting so that you can be as prepared as you can be.

The added problem here is that the OP lives in England but the school is in Wales. As such the exclusion will be dealt with using the welsh exclusion guidance. The problem is that after any permanent exclusion the LA becomes responsible for the education of the child until the exclusion and appeal process has been completed. That is the LA where the person lives, not where the school is. So we have a welsh based exclusion system in operation, but the english based LA having to start the process of reintegration, providing suitable full time education and then finding a new school if the appeal process is not successful.

Hello again and

Just a thought prompted by what you said about the previous issues. I think there is a lot wrong with how the school have responded and how they have implemented this exclusion.

However I do wonder whether the best use of your energy is to pursue not the school but the LA, to insist she gets an Education, Health and Care Plan and appropriate support and education wherever that may be. IPSEA can help with that too.

She sounds very like DS at the same age and the key to him making progress was an EHCP and long term, skilled, 1:1 support. I have just received his report, three years on from your sort of stage, which says he is a 'mature, popular and well mannered young man' :) But he undoubtedly wouldn't be without the extra support he still has.

Yes Admission, that's one of the obstacles I seem to be facing it's really confusing the issue.

Arrgh, sorry for lack of responses, I have other DC, life HAS to go on in some kind of normality, so we're having a Barbecue, I've had a brief look over the notes and there are certainly things that should have been flagged up to me that weren't.

I'll either elaborate later or tomorrow when I've had a proper look.

Jennifer, that sounds incredibly reassuring, if not a long way off, thank you.

Hi everyone, just wanted to update as I vanished into the ether! (things were a little bit hectic for a while as you can imagine).

I went to the Discipline Board, but beforehand had actually got to the bottom of why the fixed term exclusion had been changed to a permanent, it seemed that Powys had refused to support DD any more financially, the HT had begged for further support after the incident which had been refused, with some vague talk about applying for funding at the next SN board (in October!), and a push for full assessment 'some time over the next six months'. Which clearly left the HT in a very difficult position with regards to having DD back in the school without appropriate support.

Essentially she was backed into a corner and was told to find funding for DD to have support from her SN budget, which, at a school with only 51 pupils is around £5,000 and is currently being used to support her existing SN pupils! So, utterly ridiculous, and clearly not an option. In light of this she felt she had no option but to permanently exclude. It became apparent that Powys were using the border issue to their advantage and making DD the problem of the LA in which we live, very effectively passing the buck.

Consequently DH and I have decided to relocate, we'd have to move DS' school anyway if DD were to move due to logistics, we've been thinking about moving up to my home area for a while and this just hastened the decision really.

So I went to the DC meeting, the governors were actually lovely, and just concerned to make the right decision for DD, but the bloke from Powys LEA was never going to let them readmit (I actually didn't want them to, just expressed a concern that a perm exclusion on a six year old's record was a heavy burden to bear), so it was really a box-ticking exercise. I did give him my very best regarding the situation as I saw it and suggested I might just move to Powys in order to see the look on his face! However, as we'd already decided to move, and he wasn't going to budge on the issue, I expressed that my overriding concern was to do what was best for DD and to get the best possible outcome for her.

DD has been MUCH calmer since being at home with me, we've found a great house to rent whilst sorting out relocation, and I've got DS into a great school, very busy few weeks all in all. I've been in contact with the LEA of the new area re assessment for DD, but obviously won't be able to do anything until we actually move, which should be in about three weeks, so I'll get the ball rolling then. Have decided to home ed her until we can have a full assessment, try to work out what is going on and then move forward as appropriate from there.

I realise we're very lucky to be able to relocate and for me to take the decision to home ed, I suspect it would be a VERY different situation for those not so fortunate. So, still many mountains to climb, but I feel very positive about things, it's going to be a great move for us all and they'll be plenty in our new area for me and DD to do whilst she's at home with me (I think I'll concentrate on teaching her how to cook properly so someone can look after me for a change! I suspect I can cram in all the necessary lessons in one fell (and very practical) swoop!)

Thank you so much to everyone that gave very valuable help and advice, I really appreciated your support and knowledge at what felt a rather dark and desperate time. I have no doubt I will be starting a thread on the SN boards soon when I start the assessment process, as I expect it won't be smooth sailing. We're just going to concentrate on moving and cramming in a bit of Summer fun where we can at the moment.

and thanks.

(And if you got to the bottom of that, you deserve as well!)

.

Have been following this, with no advice but just a huge amount of sympathy for your DD and you. And I have to say, I'm so pleased that you have found a resolution that you are happy with that is going to work for you DD and your family. I really hope that everything moves forward smoothly and positively (as far as possible).