Hi,
Thank you for all the positive contributions made on this thread. Overnight I have managed to crib them all into a bit of a summary which I am taking to my meet up with the Head Teacher which hopefully is happening tomorrow. If anyone has any things they can add or think of any extra things I should have on the document please add. The document and process is more about whether the school has behaved properly, rather than the debate about whether my son should be held back / deferred etc - as it might be the case that managing his early years education will mean this. Also if anyone finds themselves in the same boat, hopefully they will find this useful. Wish me luck!!
Guidance Notes – From Thread.
Speak to Head Teacher asap. If possible have SENCO involved and / or Class Teacher. Clarification is key.
They need to explain or provide documentation on:
School policies on Exclusion / Behaviour – should really be found on School Website – in my case not. Legally they should be easily accessible.
The reason for reduced timetable, how it will work, how long it will last for and a plan for reintegration. Reduced timetables are a short term method and should be regularly reviewed with 6 weeks being a recommended maximum period. They need a clear and evidenced rationale for the reduced hours, aimed at supporting your child.
The school must have signed parental permission evidenced on the school file prior to the commencement of a reduced timetable.
The school should have completed a detailed action plan, agreed with you, demonstrating a clear pathway to full integration in no more than 6 weeks.
Ask what triggers have caused any behaviour issues in school, what measures have they previously undertaken to resolve these issues and ask why they don’t think those measures have worked.
Ask “If my child has been identified as not coping in the classroom setting, what is being put in place (and the next bit are the key words) that are additional to and different from other students?”
Have the school made an application for an EHCP
Complete a Subject Access Request to get everything they have with his name to it. There should be a paper trail of behaviour and any incidents that have lead to the decision of a reduced timetable.
Have they done a “cause for concern” referral form to the Senco.
Did they complete a child safeguarding checklist before implementing the reduced timetable?
A formal risk assessment of the impact that a reduced timetable would have on your child must be carried out and agreed.
Have they contacted the LA, a child cannot be put on a reduced timetable unless paperwork / action plan has been submitted to the LA along with the written consent from the parent/guardian. Evidence should have been submitted too. If after 6 weeks the plan has not been successful an emergency annual review will normally be held.
The school should also have been in contact with the LA to explain the lack of attendance – has this happened?
Why has the reduced timetable been “designed” in this way – ie no mornings, which essentially is the time when the child is doing important school work, phonics, maths etc.
If not satisfied with Head Teachers answers from the meeting ask for a meeting with School / Chair of Governors.
Notes on Being Under the Age of 5 and the law
School admission code (section 24 of the School Standards and Framework Act 1998) states that a child is entitled to a full time place in the September following their 4th Birthday.
Children are entitled to attend school full time from the September following their 4th Birthday. Parents can choose to send them part time or not all until they are CSA, but that is the parents choice alone. Not the schools. If the school’s offer was a full time place in the September after the 4th Birthday then the child is entitled to access that full time place. They can’t be treated less favourably because of their individual needs.
If the school treat your child unfavourably to his peers this is unlawful
Part Time Timetables / Reduced Hours Timetables Notes
Statutory exclusion guidance covers part time timetables – it states “A part-time timetable should not be used to manage a pupil’s behaviour”
Informal or unofficial exclusions, such as sending pupils home to “cool off” are unlawful regardless of whether they occur with the agreement of parents or carers.
It your child is being put on reduced hours for Special Educational needs this is discriminatory and unlawful. The school have to look at putting more or different support in place instead. This should be documented.
Unlawful exclusions also include exclusions where the school has failed to follow statutory guidance without good reason or has refused to educate a child unless particular conditions are met.
Schools must take account of their statutory duties in relation to SEN, including early intervention to address the underlying causes of disruptive behaviour and multi-agency assessments to pick up on unidentified SEN, mental health or family problems.
Note to above: Office of Children’s commissioners inquiry concluded that “no evidence supports excluding very young children, even in extreme circumstances”. For these children, extremely disruptive or even violent behaviour is often a symptom of SEN, a family difficulty, or a more complicated developmental issue and additional support should be made available “within the school setting”.
Unlawful Exclusion: A part-time/reduced timetable that does not have clearly defined objectives, a specified end date, a review process, and/or the consent of the parents/carers may be considered unlawful exclusion by Ofsted.
Speak to following people / groups if possible:
Local SENDIASS team
Local Authority
SEN advocacy group
Local IASS group
IPSEA
SOSSEN
Doctor – run a routine health check on child to rule in/out any health issues that may be contributing to their behaviour.
Reception and Deferral Notes
There are plenty of examples of children re-doing reception years – and one poster suggested that the child then didn’t have to catch up later down the line.
Conclusion
Never feel pressured into accepting actions by schools for fear of being “that parent”. You have to hold the school to standard and don’t be afraid of pushing back if you don’t agree.
It doesn’t come easy to many of us, hence why we just accept things – but from reading the comments on here, it is important that you hold your ground, seek clarification and get yourself clued up. Many thanks to everyones comments/advice I have put in this document. Very much appreciated.