Questions about fixed term exclusion from school

[Exclusionquestions]

Named changed for this for obvious reasons.

My Y8 ds was given a 3 day fixed term exclusion from school before half-term. Entirely justifiable - he did something unbelievable stupid that could be harmful to others in the school community (not physically). That wasn't his intent - he thought it was 'a bit silly'.

In all honesty, I don't think a permanent exclusion can be ruled out..

We're now at the end of the period of exclusion and have heard nothing from the school since the letter we received on the Saturday when half-term started. I know that schools are supposed to set work for excluded pupils, but we've heard nothing. It feels like they've washed their hands of him which, of course, they are entitled to do.

I am a nervous wreck, having to pretend to work that I need to work at home as I have a stomach bug, trying to keep ds doing some school work and supporting his older sister who is at the same school and very worried and stressed, and saying 'I don't know' every time one of them asks me about the situation.

He has a diagnosed SEN (which the school haven't been great about tbh, but it's much milder than many children they have on roll and he still does well academically), and we're thinking that maybe there's some ADHD or something there as well, not just because of this incident. His thinking processes, or lack of, do concern me greatly.

My questions are, if anyone can help -

• does the school have to call us? Could we just receive a letter saying that he's permanently excluded?


• if we don't hear anything or he is permanently excluded, do I contact the local authority? They're supposed to provide some sort of education from day 6 of an exclusion, which will be Monday, so not far away.


• would him being referred to a PRU be the quickest way of him being assessed for ADHD, so that it can be 'embedded' in the school system? We went privately for his initial diagnosis in Y6 as his primary school couldn't see further than 'he could do better if he tried' and his behaviour, and my experience is that neither school has taken any or much notice of the Ed Psych report and recommendations.

Any thoughts or suggestions welcome. I'm absolutely not trying to excuse his behaviour because of a SEN, but do want to make sure that he has any support/treatment that may help him (and those around him).

TIA

Surely in the absence of other instructions, if he had a 3 day exclusion then he should just rock up as usual tomorrow after the period of exclusion has ended?

I know sometimes they do 'reintegration' meetings but I don't know if that is after every exclusion or just 5 day ones.

if you think this was caused by his SEN then maybe you need to look into an EHCP for him? There are some very helpful people on the SEN board who advised me when applying for one for my DD.

The legals around exclusions are very specific so hopefully someone more knowledgeable than me will be along soon to help you. I would say though that it sounds like your DS would benefit from an EHCP needs assessment. Has this ever been mentioned?

I obviously don't know what your DC has been excluded for but from what you say it sounds like things have been difficult for him at school for a while now. The lack of support may have contributed to the exclusion and that could be used as evidence in your application.

Try and contact SOS!SEN and/or Ipsea for advice. They offer free phone consultations. It can be very hard to get through so you will need to keep trying.

You can request an EHCP needs assessment yourself. That's what I had to do as the Senco wasn't supportive. There is some good info here:

www.ipsea.org.uk/ehc-needs-assessments

They also have some legal info about exclusions:

www.ipsea.org.uk/News/school-exclusions-what-is-legal

The letter you recieved should have said how ling his exclusion was for. After that he can go back into school.

What did the letter say?

most schools it would explain when to return to school by how long the exclusion was. If it isn’t clear then call his head of year.

He won’t be PX’d just like that - there have to be a lot of meetings prior. You could also ask to speak to the senco re diagnosis.

At the end of the fixed term exclusion( and assuming you haven't heard from the school previously) turn up at school early and ask to speak to the Head of Year/deputy head or whoever you can get hold of who is reasonably senior, get your son to apologise profusely, explain he will never do something so silly again and get him back in school. If a permanent exclusion had been on the cards, the letter you received explaining the fixed term exclusion should have said this was a possibility.
Yes, you should have received work but don't push it, especially if the exclusion has happened over the holiday period. However, if a permanent exclusion is on the cards, you need to get the LA involved and work provided from day 6. This might just be an hours home tutoring a day, depends on your LA.
If a permanent exclusion happens, you can do one of two things. You can accept it and push the LA into finding another school to attend. You can push for a PRU place instead. Or you can appeal and request he is reinstated at his current school. You need to decide what you believe is in your son's best interests.
A PRU is not a quick path to an ADHD diagnosis. Different local authorities have different diagnosis routes. In my authority, the school has to request a referral to a community paediatrician ( a 37 page application form!) who will decide whether to go ahead with an ADHD assessment. However, ours are taking several years to come through! But the diagnosis itself won't change anything! It provides a reason but not an excuse!
You can speak to the SENCO and get the school to request an EHCP assessment or you can do it yourself. No route is easier than the other, the LA will need the same information.

On the exclusion letter you got there should be a date for a reintegration meeting, usually the first day back after the fixed term exclusion (although they have now reverted to being ‘suspensions’). If not just turn up tomorrow. Schools don’t have to provide work for suspensions less than 5 days. Have the school mentioned anything about a permanent exclusion? I think it would be unusual for him to be PEXd without you having some idea by now, unless they were using these 3 days to investigate further. What was said at the exclusion meeting/phone call?

A PRU won’t be a fast track to a diagnosis and are unlikely take him after just one suspension, but may after a PEX.

Thanks all.

The letter said a three day exclusion (so from Monday after half-term), although also said that his first day back in school will be Friday.

The HoY said that he'd call me today (Wednesday) and the fact that he hasn't has made my mind spin into the possibility of a permanent exclusion, which I've been half expecting since it all happened. The school haven't mentioned permanent exclusion, but there is a 'exceptional circumstances' clause or something like that that they could invoke.

I was expecting a phone phone call re: reintegration meeting tomorrow, but haven't heard.

I didn't realise that schools didn't need to set work for the first 5 days of an exclusion - I thought it it was that they are meant to and it's over to the LA after that. I haven't pushed it or emailed at all - it just made me think that they'd washed their hands of him completely.

I don't want to just turn up to school on Friday. I want a proper meeting with the SENCO involved and a proper plan put in place. Ds knows that he's done something very wrong, and he can't just rock up as though nothing has happened.

Re: EHCP - I looked into this before, but he's not in any way, shape or form falling behind his peers. He's excelling in some subjects.

spanieleyes I am fully aware that a diagnosis provides a reason, not an excuse. I said exactly that in my first post. Getting his first diagnosis was very helpful, actually. It helped him understand some of his difficulties and he has had some treatment etc which have helped, and that I wouldn't have known that he needed if he hadn't been assessed.

I meant in terms of not having to wait for a diagnosis before looking further into an EHCP, some schools will tell you that you need a diagnosis before you can apply but this is absolutely not the case, it is a question of need rather than diagnosis. And just because he is academically achieving, doesn't mean he can't get an EHCP, I currently have one going through for a very high achieving pupil, but he needs additional social and emotional support to help him achieve his full potential.

Fixed term exclusions are now called suspensions.

Schools cannot 'convert' suspensions into permanent exclusions.

I'd suggest ringing the school tomorrow and asking about a reintegration meeting.

Then, ask about a meeting with the SENCO and ask about EHCP's, the school need to start and EHCNA (educational, health care needs assessment) or you can fill in the form yourself, also contact your GP about the route to ADHD assessment as some authorities do it differently.

IF he has racked up a lot of suspensions, then they will call a governors meeting when it goes up to 15 days in any one school year.

The school can decide to PEX if he's continually displaying 'persistant disruptive behaviour 'for example but there's a procedure for PEX which differs from suspension. You have to be informed that it is a PEX, then the LA has to provide provision after the 6th day, there has to be a meeting of governors where you and your son can put your views and a representative from the LA would also attend. After an outcome is reached you can also appeal and an independent panel has to review it

First steps in your case is to contact the school and find out what they want you to do on Friday.

Thanks.

Yes, I'm going to email his HoY tomorrow morning and ask what the plan is.

There does need to be a reintegration meeting and it does need to involve the SENco, or I need to speak with her asap.

Agree that if the school have stated in a letter 3 days fixed term and return on Friday then that is when you return. It is possible in theory for the school to decide that the behaviour was so bad that it does need to impose a permanent exclusion but if that was the case they should have been in touch with you so that your child could give their reasons for the poor behaviour etc.
It is clear that you do need to get a reintegration meeting, especially with the SENCO so that plans can be put in place to help your son both with his behaviour but also his SEND, which may or may not be related.
I think you are misunderstanding the way that the process works in terms of school work. The school is responsible for providing work for the first 5 days of any exclusion but it is school days not just days. So the 3 school days takes you to Friday of this week when he returns to the school. The school have a legal responsibility to provide that work. On the 6th school day the LA take over the responsibility for the education of your son but this does not apply in this case with a 3 day fixed term exclusion.

If the school haven't been meeting SEN needs, then it could be an unfair suspension. Also during the suspension I thought the school should be coming up with a plan to prevent it happening again. My knowledge is more in primary so maybe slightly different in Secondary and accademy v. LA school. However, there is case law around unfair exclusions where SEN needs are unmet and the school should be ensuring g they have addressed need (it might not be diagnosis but certainly strategies).

It is illeagal to convert a fixed term exclusion to a permanent exclusion unless other evidence comes to light that means the first punishment is not applicable. I’m sure that, as you have not received any further info, this won’t happen.

A school cannot exclude simply because a child has SEN and they are failing to meet needs. Many DC are excluded with SEN though. The schools always find a way around this. It also cannot be a condition that his return to school depends upon a reintegration meeting. Therefore don’t accept such a meeting on these grounds. Do accept one to try and see how he can be supported in school. Personally I would ask for a SENDCO meeting separately. Keep the meeting focussed on how they will meet his SEN. Not the exclusion.

During a short term exclusion it is good practice for the school to set work and mark it. The Government doesn’t expect DC to fall further behind. However at three days, I might not rock this boat.

Lastly send him into school on the due date back and tell him to keep his head down. The school cannot make a reintegration meeting a condition of return and neither should you. The SENDCO meeting is entirely separate.

Thanks again all.

admission my understanding was that the school should provide work for the first five school days of an exclusion. They haven't provided any, and I haven't rocked the boat.

HoY called this morning, expecting ds back today. I said that the letter said Friday, so ds and I are going to meet with him before school tomorrow.

Tizerorfizz yes, I think you're right. The SENDco meeting will and should be separate. Ds was doing really well in every way from Xmas in Y7 to Easter in Y8, so I haven't pushed him getting support/meeting with SENDco, but I will now.

Ds recognises that he is very, very lucky not to be permanently excluded. Today will be about me continuing my pretence of a stomach bug to work, while absolutely ramming this message home to ds.

Just to say, a DC doesn't need to always be struggling academically to benefit from an EHCP. I know a DC with an EHCP at grammar school. My own DS is working at two years ahead in some subjects and he has an EHCP. He has crippling anxiety (ASD) and it's only because he has an EHCP though that he is able to even attend school - and hopefully the support it gives him in law means he will be able to achieve what he's capable of. So don't rule it out.

I'm glad it seems that things are progressing for your DS though. If things do continue to be difficult, I would recommend maybe posting on the SEN boards, as others have said, there are helpful and knowledge people on there.

Thanks. I have posted on there before and found posters to be very wise.