Please help - expulsion / managed move year 11

[ManagedMove]

Im so sorry this is so long but I'm desperate to be honest! TD:LR daughter is being managed out/expelled and I think it's grossly unfair.

I had a call from my year 11 daughters school last week to say she was drunk at school and to pick her up. To say I was floored is an understatement. Anyway I picked her up and when we got home she told me that lots of year 11s and sixth form students take alcohol into school on a weekly basis and she and her friends wanted to join in. Anyway we didn't have any alcohol she could take so her and two friends toom whisky, rum and vodka from her friends houses. They all had a bit to drink at lunch but then my daughter had an awful falling out with one of her friends and drank all of the rest herself. To cut a long story short, she was very sick and her teacher realised what had happened.

My daughter has had a horrible time for the last two years, with widespread online hate campaigns against her, pushing on the stairs, being physically attacked. Honestly the list goes on but she's so scared of it happening in another school where she has no friends that she's refused to move. She has a Camhs referral for a suicide attempt and also for an ADHD assessment and I have been paying for private counselling since her suicide attempt. Anyway the bullying is relevant because it does involve so much of the year group that her two friends are her lifeline and so there is no way she will tell on them (or anyone else, we live in a smallish town, if she named names she'd have a bad time). So she told the teaxhers that although she didn't bring alcohol in she was the only one drinking.

She was suspended at first but then we were called to a meeting and basically told she would be managed out. We were absolutely against this, she is terrified of changing schools and the only other schools that might take her, one would mean one of us changing jobs as there is no public transport, or school transport and it's miles away down country roads. The other, it seems, is full.

Anyway in this meeting they pushed and pushed for a reason why she argued with her friend, I hadn't really gone into this with her because they argue a lot. Devestibgly it turns out my daughter was abused by a female friend when she was 12. This friend had said they were girlfriends and made my daughter do things that she didn't want to. I had no idea at all! Anyway I felt like after the meeting the head was genuinely considering letting her stay with all the circumstances given. Social services also asked him to not move her (they had to get involved due to underage drinking).

But it turns out no matter how nice he was I. The meeting it was all a bit of a sham and she still has to go. This being despite the fact he knows other people had alcohol and that she didn't bring any in (that's as much as she told him and he didn't even push for names, I think he's happy for her to be a scapegoat).

Im so angry, if this had happened a year ago I'd have been delighted to find her a new school because honestly that school has let her down constantly but not when she has so little time left. So I'd really appreciate any help on how to appeal and how to complain. I think the head is dragging his feet so we lose our right to appeal to be honest. We haven't received any info on that despite asking.

Well done if you got this far, we ar still reeling from all of this. I'm glad it happened just because it meant my daughter told me about what happened to her but I don't want her Gcses ruined by a silly decision.

Have a look here for more info on managed moves: https://childlawadvice.org.uk/information-pages/managed-moves/
Has she actually been excluded? Or are they asking you to agree to a managed move?

I don't really understand, what does your letter say? Is she excluded or suspended?
If she's having such a horrible time at school a managed move isn't the worst thing in the world, it doesn't mean she's excluded and it doesn't mean she can't return.

One option is to email and refuse the managed move, the school would then have the dilemma of whether to exclude or suspend . You don't have appeal rights to managed moves but do to exclusion.

It's a gamble.

To put them off excluding You could make it clear that you would request an Independent review Panel reviews any decision to exclude based on the fact;
-she is year 11

• the extenuating circumstances that were revealed
• she is vulnerable - based on previous CAMHS/SEN (I would point out any further support she may need - suggest this may have led to situation)

/

• it's out of character/wasn't just her
• parents will do everything to support her successful reintegration etc
• commit to getting her help

Google and Read the 2023 exclusion guidance x

Maybe new school with friends who.dont bring alcohol into school and who she doesnt argue with?
I would imagine she would have to drop down to yr 10/ if she moved.
Maybe say she should be raised up adhd waitlist as at risk imminently of exclusion

@ManagedMove Firstly has she been suspended or permanently excluded?

Suspension (used to be called fixed term exclusion) you can refuse the managed move and they have to hold reintegration meetings etc, they may be suggesting more of a 'directed off site' placement at another school as shes year 11 but they still need to be seen to be following their behaviour policy. In this circumstance you don't have to agree and they can't 'convert' a suspension into a permanent Exclusion unless she does something else or new evidence comes to light.

Permanent Exclusion. There is a process. A very strict one. There has to be a meeting within a certain number of days and the local authority have to 'provide an education ' by the 6th day.
At the meeting or before it the head can decide to 'rescind' the permanent Exclusion and that's why they would be looking at a managed move as an alternative (given she's Year 11 and the process itself takes time) If the meeting takes place (called Governors Disciplinary Committee) and the decision to permanently exclude is 'upheld' and the decision is made not to readmit, then you can appeal to an independent review panel

The difficulty is that the headteacher can't just ignore the behaviour breach because of other problems, the permanent Exclusion is required to be justified, legitimate and proportionate, so in your case your daughter drank alcohol and was intoxicated on school premises.

If they don't look at a managed move as an alternative to permanent Exclusion then your daughter would be directed to the local authority alternative provision (some local authorities still call them pupil referral units, others have invented names for them) She would then have to be readmitted to mainstream via an In Year Admission Application and the Fair Access Protocol. You can put in the application immediately but do be aware that the decision on another school will be made at a fair access pupil placement panel and the other schools can request that she engages with the alternative provision first. (this process means it doesn't matter whether the other school is 'full' as it's outside normal admissions criteria)

You need to look at what the letter actually says and be very clear on the processes involved.
Your social worker can also speak to the education team at your local authority who will be the administrators for this process.

Managed move as an alternative to PEX means that the GDC doesn't take place and the original school have taken on board that this is an isolated incident for your daughter, as they have to take on board that if the managed move fails she would be returning to them.

They would struggle to get an exclusion through for this. Challenge, as outlined above and show you will be super awkward. They should back down.

Previous trauma isn't actually an extenuating circumstances for this.

She's 16, got drunk on school premises and the school have every right to exclude her as they see fit. It's not grossly unfair, it's the consequence of behaviour which is against clearly set out rules.

All depends on what the behaviour policy says @Lookatmytoes
Unfortunately being super awkward won't cause a head who is upholding the policy correctly to back down.

Thank you all. Currently we have no letter. The head has said in person that we can accept the managed move or she will be expelled. Also if we don't accept the move to the school he can get her into then she will have to go to the school that only takes pupils who have generally major behavioural problems and that she will not be able to take the majority of her GCSEs.

He has said if we want a letter he will go straight to expulsion or that's the implication.

I generally detest the school and if she didn't have so little time to go I would love to take her out, but the school he wants will mean one of us changing jobs or asking for changed hours. It's going to be a nightmare.

Thank you all by the way for reading all of that, very very kind of you all to take the time and give advice! I'm still torn but it's so helpful to see other viewpoints

@ManagedMove ok... Ask for the letter again. No letter and head is breaking the statutory rules (he CANNOT convert a suspension into a permanent Exclusion and cannot threaten you)
It's not a case of you wanting a letter, there's a very strict process from the DfE and the local authority, they can't make it up as they go along even if they're an academy.
Ring your local authority in the morning and ask to speak to the manager of the fair access team about this. They will have records as to what letter you should have been provided with.
The head is correct that if she is permanently excluded (it's not called being expelled) then she will be directed to the alternative provision. If this happens, you immediately put in your in year admission application naming your preferences (not the school which you'd have to change jobs etc) meet with the alternative provision and state due to your daughters circumstances could they look at online inclusion initially. Your daughter's in year application would go to a placement panel within a month or so and that's it.
The letter is the first and most important thing.

Oh and ask for all meetings to be minuted, this is too serious for verbal conversations

Does the proposed alternative school offer the same GCSEs with the same exam board? I have no idea whether this would be taken into account but it seems unfair if she's been studying, for example, Spanish and the alternative school only offers French. Or if she's been studying Macbeth in English, but the alternative has been doing Hamlet.

My daughter was put on a managed move at the start of year 11. She also suffered with anxiety and managed 2 days at the new school before refusing . The original school then put her on to an online learning program for 6 of her GCSEs . I can't remember the name I'm afraid but it was virtual classrooms which were pretty interactive . (I don't know if she would have passed them in the traditional way because along came Covid and she passed from her predicted grades ) . It may be worth approaching the school although I believe it is not the norm as it is an expensive option for the excluding school .

It all hinges on whether this is a permanent exclusion or not.
@LittleGreenDuck this is something the schools involved will be looking at and possibly why the 'full' school hasn't been approached because it's then setting the young person up to fail.
@oldsoulrebel all school have to have a 'blended learning' provision which is for students who are medically unable to attend school. This is either provided by the school or outsourced to an alternative provision provider or done online. The application for something like this normally has to be backed up by consultant letters, CAMHS letters etc but does cover mental health and anxiety etc, it's not normally something schools look at automatically for a permanent exclusion or a student At Risk of Exclusion, whereas managed moves for Year 11 are very much used as an 'alternative to exclusion'

I agree with above refuse the managed move and set everything out in writing for the governing body. Doing it now is really unthinkable. Tell them how sorry your daughter is and how you'll work with the school to improve everything. Moving her now is really not a good idea at all. So stressful - sorry. I think you need to tell them asap you're not accepting the managed move.

1. If your dd has had such a terrible time then moving schools should have been decided upon by you. She said no you maybe should have taken charge.
2. It seems unlikely that this is a one off issue with her behaviour.
3. Your dd saying others have done it is deflection of what she has done.
4. Sounds like she hasn't been honest and shown that she accepts responsibility as she is refusing to be truthful about who is involved and to what degree.

You can of course appeal an exclusion and you might be successful. What if you are not? Wouldn't she be better elsewhere?

sorry ps make a record now of times and dates of all conversations, who was present and what was said before it gets blurred.

A parent can make representations to the Governors to ask for reinstatement if this is a permanent exclusion. There’s no independent panel.

The latest suspension and exclusion info was published by the Government in Sept 2023. Read it and you will see what is required of the school. If your DD is permanently excluded, the social worker might be persuaded to attend the governors’ meeting to explain the difficulties your DD has faced.

The head must inform you if dd has been suspended or excluded. They should not threaten exclusion to get you to agree to a managed move. I agree that you speak to the LA or pupil support unit.

Given her mental health problems, suspected ADHD and attempted suicide, was the SENDCo involved before this latest incident? Did you report the previous bullying; if so, what did they do to keep her safe? How are they dealing with the alleged culture of alcohol being brought onto school premises and students drinking alcohol at school?

For how long is the fixed term exclusion?

Unless you are inclined to accept the managed move, I would request a written minute of the meeting, or you could write to the head, cc’ing others at the meeting, detailing your understanding of what he said and asking him to confirm or amend in writing.

Others are clearly knowledgeable about permanent exclusion and the suggestion to involve the governing body would seem sensible.

What were her plans post 16 - was she leaving for college, I.e do you just need to focus on the remaining 8 months.

On the school offered for the managed move: would the plan be that she joins Year 11 and study her existing subjects / exam boards? Perhaps discuss home to school transport with the LA - they may be willing to pay / arrange transport.

Apologies I didn't make myself clear, the Independent Review Panel is a completely separate meeting which can happen after the Governors Disciplinary Committee. As @TizerorFizz says the parent can make representation at the GDC

@ManagedMove here is a link to the government guidance: https://www.gov.uk/government/publications/school-exclusion. It has recently been updated and not all schools will be up to speed with the changes, so it's worth you reading it thoroughly to make sure your school is following the rules.

Once governors have met, the parent has the right to request an independent panel review the governor decision. They do not have power to reinstate but can quash and recommend reconsideration by governors.

Not much point moving to a different school in year 11 especially with the bullying problems you mentioned so if her current school won't keep her I'd just let her study at home if that's possible? Not long and she'll be off to college.
I think there's centres where she can take her exam tests so she doesn't miss out on GCSEs buy her the textbooks for all her subjects so she can study at home if you're poor you can usually get them free as part of pupil premium or something. The textbooks basically contain everything you need to know for each GCSE. Literally life savers for me when I did my GCSEs in 2016 seeing as some of the teachers weren't that great at explaining things

Sorry. Yes there is an independent panel. My mistake. Governors first though.