Permanent exclusion - autistic child

[Mayalamadingdong]

Hi,
I'm hoping for some advice from SEND mums in a similar position.
My son, 9, has just been permanently excluded from primary school, 2 weeks before the summer holidays.
He is autistic and has ADHD. He is very clever, amongst top 1% in SATS, but has severe behavioural, communication and sensory issues which means he's been struggling a lot at his mainstream school.
He's been studying in isolation with a 1 to 1 for 2 years now. Mostly he's been doing OK, but occasionally he has violent outbursts and he would hurt staff or damage property. He's been excluded for a few days at a time frequently for years now, and now they've decided to permanently exclude after he's attacked a teacher.
I understand where they're coming from and I know they've been trying to support him.
He is in the process of getting an EHCP (we've been in the queue for 2 years, our council is shocking). The Local Authority now says they'll rush it through given his circumstances.
However, we are now stuck without a school, and we were told it's unlikely he'll have a school place for at least a few months of the next academic year.
My questions are, to those who have gone through similar issues:

1. What are you meant to do while waiting for a place? Just educating them at home yourself? We are nowhere near qualified to meet his educational needs, and work full time. How are we meant to do this?
2. What kind of school would accept a child that isn't behind academically but has a history of violence and erratic behaviour?
3. How do we keep him 'socialising' while he's at home? He has no friends and our friends' kids don't really spend much time around us as it can be risky.

Is there a way to seek out other families in similar situations? I don't want him staring at 4 walls on his own for 6 hours a day :(

Any advice would be much appreciated.

(PS in the 5 minutes it took me to write this, he's managed to threaten a stranger he would kill her, and try to choke his brother... it's endless 🫩)

My son has a similar profile. Although he’s not too percentage for academics because he won’t learn - he hasn’t got severe and multiple learning difficulties (SMLD) which is the criteria for SEND school in our county. So he was left without a school. I had to take the LA to tribunal (after they finally issued the EHCP saying no school I then had 11 month wait for tribunal- it’s longer now I believe).

the LA is legally required to provide alternative education. You may get this with lots of nagging and complaining. Likely it will require you to be present too or to ferry child to a couple hours forest school here and there. Literally I could not work. My relationship failed. I became a single mum on benefits.

finally won the tribunal and my son gets something called EOTIS. Education other than in school. Which is basically home education funded by the LA. I still cannot work. My life is ruined and society like to judge me for being on benifits with a ‘disabled’ child cuz autistm is seen as trendy diagnosis and I’m a shit mother.

I took legal action and was awarded £500 compensation for the emotional harm done to my child and myself. Cuz £500 more than covers the emotional damage and the loss of my income inability to pay off my mortgage or into a pension.

sorry I can’t give you more hope. Some LAs are better at providing alternative provisions so you may not have the life I have

We had both EP and OT done privately as we were waiting too long and the LA admitted they had no resource to carry it out in the allocated time.
They've accepted the reports.
Sounds like you had it rough too. What's EOTIS?

Thank you so much, that's really helpful.
Our school is holding the hearing next week just before end of term.
We were about to have our solicitor write to the LA but then this happened and they've since said his EHCP is basically approved and will be finalised in the first days of term as he'll be prioritised.
We had to pay for our own EP though as they had none available for 2 years. Our solicitor said it's unlikely we'll see the money back.

They did say it'll be home tuition but it doesn't look like there are many decent provisions for primary age around here and we are very concerned.

We'll see how it works out...

What about other advice and information? For example, from SALT.

If home tuition doesn’t work for DS/you, you don’t have to accept it.

EOTIS is Education Otherwise Than In School. You will sometimes see EOTAS with the A for At and sometimes with a C on the end for College. It is a bespoke package of education delivered outside of a school setting.

Sorry haven’t had time to read the full thread but a couple of things
A special school will in no way meet his academic needs (been there to tell the story)
would you consider a residential setting as he may need to go out of area for the right provision and I would look at a PDA type provision for academic children
it’s incredible you don’t have an EHCP yet - I’m sure you are pushing for that
I agree with you, you shouldn’t have to give up income for this, you are paying taxes and it’s in no one’s interest for one or other of you to stop working

Specialised provision does exist, this is one school where as a teacher a couple of ex pupils have gone to and been successful
https://www.breckenbrough.org.uk/
there must be others in different areas, it’s probably partly a deep google search, then constructing your case for a place.

Never heard of this type of therapy, will take a look!

Don't give up your job if you are the main earner! Get DH to have a sabbatical, if necessary, but don't compound the stress on your family with more financial worries.

You've had some great advice about the process and the ECHP. I would also take a moment to hope for the best. He absolutely could go to grammar school with the right support. As well as the formal diagnosis, it's worth exploring with him what the key triggers are; it might be he works best in an attached unit with less sensory input, or a mix of school classes and 1:1 tutoring. It might be you have to design a best-fit school day for him instead of hoping for a fully specialist place.

His love of music is encouraging and might be a good way forward whilst you wait - look for local clubs, tutors and classes so he gets to meet other kids and feels a sense of achievement at his progress.

Does he do any sport? Mine, for example, loves cricket as its less noisy and full on than football or rugby and there's clear rules for behaviour.

I'd advise you to make a list of your sons needs eg curriculum, class sizes etc, then make a list of all schools locally and score them against these criteria. There are some mainstreams with ASD/Adhd resource support units, or given his academic level if No suitable LEA maintained you can use this to make a case for independent provision either mainstream or specialist . Most Lea special schools won't cater to his academic ability, but some independent ones may such as Breckenborough

Ultimately, the buck stops with the LA, here and they have not bothered to assess him which also means that they’ve discriminated against him. He clearly needs an EHCP as a matter of urgency.

As an aside, though, him working in isolation for 2 years is not what inclusion should look like at all. I would say the school is unsuitable for him - he must feel incredibly isolated and that’s not fair.

In the right environment, he will have the opportunity to really thrive and I expect a lot of these behaviours will subside. But it will be up to you to find a suitable placement for him and then put your fighting hat on to get it. This could mean an independent specialist school. The LA will not help you - but the law is on your side and you can make a case for what your son needs.

Thanks @ByGreyWriter . We've decided not to appeal as we've been through this before with the school appealing his temporary exclusions and their isolation policy and got nowhere. We know we haven't a chance.
And yes, we're going to ensure he makes the most of his time, our worry is about where he ends up and also how we'll manage as a family who needs to work full time.
And my short term worry is how traumatised he is losing his routine and the only adults he trusted other than us, feeling like he's a monster and should be hidden away. It's so hard on him mentally.

Also, we're still not at day 6 so don't know what they'll suggest, just been told so far that whatever it is it will be home based and interim for several months from. September until a school place is found.

The LA can't require that any arrangement is home based - they have to have your consent to use your home. Equally they can't assume that you will be there to supervise. If necessary, they must arrange tuition at a separate venue and, if they need another adult to be there with the tutor for chaperoning or care purposes, they must provide it.

Although you are not yet at the sixth school day from the exclusion, the LA should still be able to give you firm plans because (a) six days is the maximum period they have, there is nothing to stop full time education starting sooner, and (b) they obviously have plenty of time to sort this out over the school holidays. I would seriously suggest asking the LA to provide full details of their proposals and indicating that you will seek judicial review if they don't come up with something. Likewise warn them that if they don't finalise the EHCP very quickly you will be seeking judicial review. If you need a pre-action letter sent, I would suggest you try SOS SEN - they will be much cheaper than solicitors.

I do think the school failed your son by leaving him working on his own and in a queue for an EHCP for so long. They must have known that the time limit for processing an EHCP is 20 weeks, and if they didn't know that that could be relatively easily enforced then they should have found out. Even if you don't challenge the exclusion, you might want to think about a formal complaint, if only for the sake of educating that school better.

If the current school wasn’t working, they have probably done you a favour by the permanent exclusion though I know it doesn’t feel like this at the moment in that it pushes through the ECHP and puts extra pressure on the local authority to find a suitable place.

I know you say there isn’t anywhere which meets his combination of high academic ability but very challenging behaviour but there will be even though they may not be on your doorstep. You might have some really hard choices coming up such as whether to let him be a weekly boarder somewhere or in full time residential education or for the family to relocate somewhere with better educational provision.

I faced all this 8 years ago now with my child with autism who had been in a special school since she was 2 and also had learning difficulties. It wouldn’t have been our choice at all but the best provision for her turned out to be a residential school about 3 hours from where we live. It was a huge decision and very distressing for us but it did turn out to be the best thing we could ever have done for her and for the family. If this is what you end up doing remember they aren’t going to prison - you can visit as often as you like and they can come home for holidays or have days out with you whenever and as often as you like but sometimes the routine and having a framework and set up completely geared up for minimising the stimuli they find very triggering is absolutely the most selfless thing you can do for them.

I would get the LA to put in tutors to start for 15 hours per week they need to be qualified teachers to ensure they can stretch him academically. You will though need an adult at home or it can be done in the community but you will have to drop and pick up - its not going to be easy. There are providers out there who only employ qualified teachers (though LA sometimes don't like to use them as they can be more expensive!)
If it works though and he can get support with any issues he has in school then he could go into grammar - our local one has an SEN base. It's amazing what can be achieved 1 to 1 on a part time basis so don't worry that he won't cover enough. Often working 1 to 1 and being out of school gives them that space they need to work on regulation techniques and it can be very successful at getting them back into school.

Even if provision takes place at home, the LA can’t compel the OP to facilitate provision by being the second adult. The LA is responsible for provision.

Despite what LAs claim, the LA would still be responsible for transport.

I will start by saying that I have no experience of this at all, so forgive me if I screw this message up!
If push comes to shove, rather than anyone taking a sabbatical, could you not 'sacrifice' the whole of that wage to employ a tutor?
Someone with experience, but without the strict adherence to routine that he seems to struggle with?
It need not be isolating if he/she could build visits to places onto the curriculum.

I know it's not ideal, and would be outrageously expensive, but even if it just worked for a couple of months to give you some breathing space to find a permanent solution, it might be worth it.
Who cares for both boys during school holidays at the moment?

I agree.

I’m sorry that you are experiencing this. He has been let down.

It sounds like he might be suited to an autism resource base attached to a mainstream school. Lots of the children on the bases can be physical with staff but the staff manage it.

County are now response for providing a suitable education and an educational psychologist will make an assessment around what his needs are. But you as parents have a lot of influence over schools. You will need to name somewhere on the EHCP so start looking in your area. Go and visit some schools. Most specialist provisions can cope with a child who lashes out when overloaded. They shouldn’t have told you that he would likely be out of school- is there not a place in a pupil referral unit available for the start of next term so that you can both continue to work? I would ask that question and it is their responsibility to offer somewhere.

It's a really tough situation you are in OP, and you are getting lots of good theoretical advice about what the LA should be doing by law; however I know from bitter experience with my goddaughters that it almost doesn't matter what the LA are legally compelled to provide if the resources are not there. There is a chronic shortage of SEN teachers/school places.

What my friends ended up doing is months and months of research into which areas of the country would likely have the exact provision that their children needed and moved to that county. Even then it was a battle with the new LA, but their kids are now in specialist schools and thriving. Is it possible for you to move elsewhere in the country? I know it is an extreme thing to do, but if there is suitable nowhere locally for your son it might be an option worth considering. And I know people will think why should you have to consider that, but you also have to be pragmatic.

Parents don’t have to accept LAs acting unlawfully. As LAs have been shown time and again, lack of resources and/or funding are not lawful excuses for failing to comply with their duties. A lack of school spaces isn’t a lawful reason for failing to provide a suitable full-time education either.

As LAs know but don’t like to admit, on its own being full is not enough of a reason to refuse to name a parent’s preferred (non-wholly independent) placement on an EHCP. The LA has to show the school is so full placing DC there is incompatible with the efficient education of others or efficient use of resources. Obviously there is a point where LAs can do this but e bar is higher than LAs and many schools admit. It has to be something tangible and specific and is more than an “adverse effect”, “impact on” or “prejudicial to”. Rather than the vague reasons LAs usually try to rely on.

Parents don’t have to accept LAs acting unlawfully. As LAs have been shown time and again, lack of resources and/or funding are not lawful excuses for failing to comply with their duties. A lack of school spaces isn’t a lawful reason for failing to provide a suitable full-time education either.

People shouldn't have to accept it, but if the resources aren't there, they aren't there; they could take years to magic up and by then the OP's child will have been out of school for all that time and completely crashed out of the system. So parents unfortunately cannot rely on what should be legally done, and I honestly think that it's quite naïve to think the law is there are some kind of safety blanket. Parents have to be proactive and if that means moving across the country or something like that then that's what is necessary.