My son has been permanently excluded

[Expelled123]

Name changed because details are extremely outing.

If there are any experts on here, or if anyone could offer any adice I'd be extremely grateful.

Very briefly. My son used a nicotine pouch in school (he's year 10), they are a legal but age restricted smoking cessation product, in the same way that vapes are. Having legal age restricted products are punishable by fixed exclusion, usually a couple of days.

However, the kid told him it was a banned product called Snus, which is basically chewing tobacco in a pouch.

He has been kicked out, not because it was snus, but because he believed it was snus. All evidence clearly shows it was nicotene pouches.

W.T.A.F???? He's been kicked out because he thought something was something else? How is this even legal?

The Governors upheld the exclusion, even though I coherently fought against the decision with plenty of well researched information.

He's currently at a PRU, I need him out ASAP, it's a hell hole.

I need the permanent exclusion overturned so I can get him into our local catchment school, not an easy move currently as the school can refuse him, or it will be a managed move with all the problems that brings.

The next step is an independant review panel.

A bit of background, my son's behaviour has been challenging at times, due to ADHD, nothing major though, all low level, but it's fair to say he can be a pain. I truly believe that this is the real reason behind the exclusion. He presented them with an opportunity and they leapt on it. I have made arguments regarding his SEN, to no avail.

Please help!

Have you tried just making an application to the school you want to get him to?
Schools should not be able to refuse on the grounds that he has been permanently excluded and you would have the right to appeal if they did.
Have you got local SEND group supporting you with the independent panel?

I second applying for an EHCP.

Don’t deregister him.

You have the right to request a SEN expert be part of the independent review panel.

Has DS been permanently excluded before? If this is the first time you can still make an in year application to your catchment school, and if they have places they can only refuse if they believe DS may display challenging behaviour, and compared to other local schools it has a high proportion of pupils with challenging behaviour or who have previously been permanently excluded and admitting DS would prejudice the provision of efficient education or use of resources. It’s in the Admissions Code.

FenceSplinters the LA must arrange alternative education from day 6. If they refuse to do this you can force them to via Judicial Review.

Was he the only one caught?

Managed moves can be an excellent way to have a fresh start. As a secondary head, it worries me that you don’t feel there would be 12 weeks without a major incident that would result in a. New school asking your child to leave.

If it is low level as you mention in your post then this wouldn’t be a worry.

By making the change of school through a managed move, it allows your child to have some additional support to settle in.

That being said, I’ve had students who are positively angelic for twelve weeks but by week thirteen....

He had an age restricted item in school (which he was too young to have?), surely that was enough for him to be excluded anyway.
Around 5 year 11 pupils from a local school were excluded because they admitted to vaping in the school toilets so yes the school would exclude the other 9 pupils in your son's case.

He's in a Pru so his behaviour is an ongoing issue. This sounds like the last straw. Perm ex is actually very difficult to do so there will have been many many other incidents prior to this.

You now need to have a plan to move forward.

@Expelled123

Viviennemary, he's not a constant trouble maker, without going into to much detail, most incidents are stage one bar one (when he ran into the head, interestingly), minor incidents.

With the best will in the world, your son wasn't permanently excluded because there was a one off incident. You're his mum and you see stuff as "low level". It takes a heck of a lot of (not) low level disruption and bad behaviour to be permanently excluded. And the school have presumably been in regular contact with you about your son's. You've had good advice on how to move forward. No point looking at other students, or even focussing on the fact about the whatever it was substance. It would simply have been the latest in a long series of incidents. You'll have had meetings with the school, systems put in place over the years etc. You knew this was a possibility if his behaviour continued. Go forward. Work on him, and with him. Because Year 10 is not year 7. Year 10 is where if these things don't get sorted, they never will (in the school system) I am a manager for a UK summer school, and one of our most trusted and well liked junior staff is in a PRU. She's turned things round because she studies there.

Don’t minimise the regular low/medium level bad behaviour as this is what really needs to be dealt with in order for him to be able to cope in school and at work. You are right that it is probably the real reason behind his exclusion and something that he needs help with going forward. Is he on medication for his adhd?

Its consequences, your son offered himself up on a plate and they have taken the kind offer. He may learn a lot from this experience that will help him in future life.

What @PAFMO said. It is an incredibly onerous process to permanently exclude a student. There must be a litany of issues prior to this that you're passing off as low level.

I'm sorry this has happened. It must feel awful. You can use your energy to support him to turn it round now, rather than fighting the school.

But it’s not a court of law. It’s a school.

Once he’s done 8 weeks in the PRU then they will advise normally on if they feel he is suitable for mainstream. There will be some schools prepared to offer a managed move - probably dual registered with the PRU so that if it fails he returns there.

The more you “fight” the PEX and the more you suggest the school is unreasonable and that your son just didn’t want to “snitch” etc, the less responsibility he will take for the situation and the more likely it will happen again.

This sounds really harsh. I am really sorry.

Lots of schools have a zero tolerance policy so if a DC does something they know they will be excluded for then they quite simply will be excluded for doing it.

Sorry you are going through this. If you are worried about a managed move because you think he won't behave himself for 3 months then it is your son's behaviour that is the problem, not the school. The best thing you could do for him IMO is help him to take ownership for his behaviour - right now you are just modelling blaming everyone else for his mistakes and that he won't get through life that way.

Have you had legal advice from a charity such as IPSEA? Or SOS:SEN?

www.ipsea.org.uk

sossen.org.uk

Also forgot to ask have you got an EHCP in place?

Why is he using nicotine patches? Why won't he tell the school who else was involved? He could've improved his outcome by being honest but he chose not to. You need to stop trying to make this go away and deal with the actual problems

Managed move no longer an option if P/Excluded. After a period at PRU he should be allocated a school via the local authority Fair Access Protocol. May not be your local one. If not you can Appeal to your preference but the Independent Panel will be made aware of his recent background and usually do not disagree with the FAP allocation.
You want the decision overturning, an Independent Review Panel cannot do this, only the governors can overturn their decision. A Judicial review could, it is time consuming and requires legal representation. Not many lawyers would do this work on a 'pro-bona' basis. Could be expensive!

You’re very unlikely to get the exclusion overturned. The school obviously wanted rid. I agree with focussing on your son and his needs/problems. Actions have consequences. Hopefully he’s learnt that now.

Op. So you want the exclusion over turned to get him into the local school, but you don’t want it done as a managed move because you fear he will mess about and they will reject him and he will be back in thr pru.

This doesn’t sound like low level behavuoural issues, I’m sorry, if you feel his behaviour is such a risk the new school will also reject him?

@Viviennemary

I agree with you that this was an excuse to expel him rather than that one incident being the reason. But I don't blame thd school if he is a constant troublemaker. I am not saying he is because I don't know but you say yourself his behaviour isn't good.

This. ^ Seems like this was an ideal opportunity to expel a troublesome pupil. If this was a one-off incident from a child who had never been in trouble before, it's very likely they would not have expelled him.

Also @Expelled123 WTF is doing with tobacco in school anyway? You're very flippant about it. Like you don't think it's that bad.

OP just to reiterate, if DS has only been permanently excluded once and you make an in year application for your catchment school and they have places they can only refuse if they believe DS may display challenging behaviour, AND compared to other local schools it has a high proportion of pupils with challenging behaviour or who have previously been permanently excluded AND admitting DS would prejudice the provision of efficient education or use of resources. Admissions Code 3.10-3.11.

I just wanted to say that i'm out at the minute, but checking in on this thread, when I get back I will answer all questions and give it the attention it deserves.

I'm so grateful for everybody here taking the time to read and respond, it's all food for thought and good insights.

Low level disruption is not ok.
It is not something that should be tolerated.
It is still disrupting the learning of everyone that in the room and incredibly wearing to be around.
Imagine you’re a child trying to tackle a tricky concept or practice a skill with that going on next to you, or the adults focusing on dealing with it instead of supporting you.
If what’s in place to support the pupil isn’t reducing the disruption, then perhaps that isn’t the right environment for them. That may well be a failure in the school’s part but there’s no point in ploughing on through if the child isn’t getting the support they need.
Just please (anyone, not necessarily op) don’t dismiss these behaviours as just low level disruption as it’s still disruption and needs tackling.
Rant over -preparesforonslaught-

Has he got a formal diagnosis of ADHD and is he on medication?