Who is responsible for pupil in this circumstance?

[youarenotkiddingme]

I'm hoping someone has legislation or policy to point me towards or any previous case law?

•pupil on Sen register
•application for EHCP made and waiting for refusal to assess tribunal
•pupils anxiety increases further and referred to Camhs who refer to PMH service for CBT.
•serious incident in school where pupil is victim leaves them too anxious to attend.
•child cannot access an education.

Who should take responsibility at the time they cannot attend school?

Are you thinking you might be taken to court for school non-attendance?

No - I did sort situation but I wasn't fully supported and it's being said I removed child from one school and sent to another. (Not true!)

So your child should be attending school X but can't due to anxiety issues. School X thinks that your child is now going to school Y. You haven't sent your child to school Y and think your child should still be on roll at school X.

Your child currently isn't on any school roll?

No he's in a different school on roll there.

However at the point he couldn't attend school I contacted LA only to be passed from place to place and no one took responsibility originally.

Now I've sorted him out they are saying it was my choice to remove him and place him elsewhere

I just want to know who's responsibility it should have been based on the information above of how things stood at that time.

It's not clear who moved him from school 1 to school 2. It SOUNDS as if you made the decision it was in his best interests to move him and you therefore did so, in which case, the choice was yours ( as in, he COULD have stayed in school 1-however much you didn't want him to-but you moved him.)

No he became too anxious to attend school 1. He couldn't attend school at all and school 1 recorded his absence as unauthorised.

He was already having problems and was under Camhs and had seen EP and his attendance was decreasing despite my best efforts.

School 1 said it was my responsibility to get him in which I tried but he wasn't well enough to so I saw the GP.

At this point when I'd tried everything and was begging for help who should have helped me?

School should help and so should the welfare officer when he/she comes we have not got to that point yet but my child should have quite a number of unathorised abscences, last year we had quite a large number of them and nothing happened, not sure why, we were getting into school at all sorts of times, although the latest was around 12pm, we had one not so long ago where he diddnt get in till around 1pm.

Whatever happens dont stress yourself over it, I found I was stressing loads trying to get him in, but I have learned its not worth stressing about.

I think it was between you and the school. You had the responsibility to get him in, but his unauthorised absences go on their record meaning they had the incentive to help you get him in. Did you speak to the EWO?

I think at this point, a lot of schools would have been suggesting a move to a different school as an option.

Is some places, schools will actually come and pick the child up.

youarenotkiddingme

I remember your previous threads and am sorry that this is still going on.

To be honest I am not sure that any 1 person or agency is responsible for what is going on.

School 1 is responsible for the bullying and the incident that made him too anxious to go to school.

CAMHS is probably responsible for his continued MH care as they started in the last school and should have carried this over.

The LEA will be responsible for his EHCP but the SENCO is responsible for pushing the appeal in to place.

Although it is your responsibility to get him in, it is the school's responsibility to continue providing him with work until a number of weeks has passed (sorry not sure how many) then it reverts to the LEA to provide work and tuition.

And then there is the EWO whose role I have never been sure of.

But that is a state school, I am not sure about an academy.

I've seen other threads of yours on this youare. I appreciate you might be trying to get a new perspective and advice here but I thought you'd previously said your DS went from school 1 to school 2 as a managed move.

I don't really know how managed moves work - did school 1 let you 'chose' the school DS would trial for his managed move? I think I would be arguing that as school 1 (who still had responsibility for your DS) agreed for your DS to have a trial towards a managed move to school 2, school 1 were accepting that DS's needs could potentially be met at school 2.

So can you argue that DS is at school 2 because that is where school 1 sent him for the managed move?

Ds is doing really well at school 2.

No one guided to me to what school to chose or allowed me to meet with potential schools.

Ds now finally has EHCP - well a draft anyway!

I guess I'm just finding it really hard to understand why the LA need to create a fight over everything and act as though I've done something wrong and they've done me a massive favour.

I feel if they worked with me rather than against me my blood pressure would be a hell of a lot lower!

Although it is your responsibility to get him in, it is the school's responsibility to continue providing him with work until a number of weeks has passed (sorry not sure how many) then it reverts to the LEA to provide work and tuition.
Is the school actually required to provide work though - I thought that was only in the event of an exclusion?

From what I can tell from your post, he is on the schools roll so in that sense their responsibility unless you or they organise alternative provision (such as hospital ed?), but it is your responsibility to get him into school.

Thankyou everyone

I'm not sure if this helps but when DS got to a stage where he was crying every morning before school & I had gone down the procedural route, letter to governors, meeting with chair of governors & headteacher etc I just pulled him out. DS was being bullied and has no additional needs.

I rang the council and they said you can approach any school you like to see if they have a vacancy. Which is what I did. School 1 rang to see why he was absent & I just said he wasn't feeling himself...repeated daily and true. School 2 was happy to take him and he started 2 weeks later. So IME experience it is a parental responsibility but I appreciate that it may be very different when you have EHCP etc to take into account.

After DS was moved other governors from School 1 suddenly became very keen to talk to us to 'learn lessons'. Clearly we had buggered their statistics.

If d's is happy at school 2 I would focus on that. Sounds like school 1 is a bit rubbish but you're out of it now.

School 1 were worse than useless and that's putting it kindly

I wasn't sure because of the C and F act if section 24 "the LA is responsible for all children with SEN" if they should have intervened when I asked. They said it wasn't their remit and wouldn't assess for EHCP still. They did assess when Judge told them too and suddenly despite being able to attend school at that point needed 20 hours of support - yet when he couldn't due to his anxiety they weren't responsible