Permanent exclusion of SEN child

[Bizzymom]

My son is 8 years old and has just been excluded from school permanently. He is profoundly deaf (has bilateral cochlear implants) he is non verbal and although he can understand very basic spoken lauguage he relies on BSL as his primary form of communication he also has additional learning needs .We have just completed his final ehcp (previously statemented) he has been in mainstream school with a deaf resource Base since nursery currently in year 4 .

In September a new head teacher took over and completely changed the structure of the HI Base wich resulted in him being taken away from his hearing peers for most lessons to be taught with other HI children of the same ability (in his case a lot younger children ) . This did not go well as he did not cope with the sudden change resulting in very bad behaviour. After many meetings explaining that he was not coping with the change and the school refusing to put him back to normal due to staffing levels things started to get serious first was a 1 day exclusion (big mistake) upon his return to school things did not improve including his behaviour ( for the past 4 years there has never been a issue with his behaviour despite him being behind his peers with his cognitive learning ) on the occasions when he was misbehaving he would be smiling and sign to them phone mom !! showing that he understood if he misbehaved he would be sent home . This has continued resulting in a 2 day exclusion before Christmas. Upon his return in January 2017 the problems continued resulting in him being put on a part time timetable (collected after lunch ) . Last Tuesday it was decided that he would go back to a full day at school wich I had explained to him , after lunch he got ready to come home wich is what he has become used to obviously that was not going to happen resulting in another meltdown and then permanent exclusion .

The local council are not able to offer a suitable short term provision for him until a long term provision can be found resulting in me having to home school him .

I now have a dilema as there is no other HI provision in my area for him the only ones are in different boroughs resulting in me having to fight for him to get funding to go out of borough .

Has any one else experienced theses problems with there SEN children ?

Am bumping you. I can't help but feel the school and especially the Head has behaved in an appalling manner. I wish you both all the best and hope for a swift and satisfactory resolution.

Have you spoken to your local parents forum www.cafamily.org.uk/media/968466/contact_lists_for_website_nov_16.pdf or independent supporter councilfordisabledchildren.org.uk/independent-support

They are usually pretty helpful.

Also bumping.

This is awful for your son. What a terrible way to be treated.

Have you had any legal advice or help from SEN or HI advocacy organisations? ISAID is one that I used here to help with my son's EHCP.

That sounds very wrong. I think your LA are legally required to provide the education stipulated in the EHCP. I hope you can get some proper legal advice.

I would complain to your Mp and copy the chair of governors in, sounds like the school has totally let your son down

The EHCP is legally binding, I'd get some advice urgently about your options NDCS will help.

Is the school state or private???

Sorry typo, too many question marks!

Have you contacted your local authority's SENDIASS department (previously known as Parent Partnership) . Each local authority has one . Their number/contact details should have been on the exclusion letter . From what you have written this definitely sounds like a case of disability discrimination and you absolutely need to go to tribunal and appeal this decision .

Check out the IPSEA website and SOS!SEN website, both have really good information on them and you can book a call back to discuss something like this in person.

For a permanently excluded child the LA is responsible for finding an alternative placement within a very short space of time, you do not have to accept home Ed if you don't want to or are unable to.

The code of practice should have details of the LAs responsibility to your child, I'll see if I can find out.

Also look on your LA local offer website there should be details of local organisations that may be able to help you.

What does the EHCP state? What provision should the school be giving e.g. does it state that he should be taught in with year group? Some can be quite specific. If yours is you can appeal stating that the provision stated on the EHCP was not being given.

Ok I found out from the code of practice (from page 262) the LA has a duty to provide suitable full-time education from the 6th day after a permanent exclusion.

Did the school ask you if they could reduce your son to part time education or did they pretty much force you into accepting it?

I am currently in the process of appealing the decision have my local independent advice service involved and the local authority Have been home schooling since Monday and have to admit it is going OK so far but he needs the social interaction as well . The appeal meeting is next week and to be honest I'm really nervous as the head seems to have her way of doing things and is not intrested in change . I will keep you posted .

It was a local authority school but changed to an academy the end of last year .

For the appeal, I'd strongly recommend contacting the School Exclusion Project - they're good both on the law around exclusion and how this fits in with schools' SEN duties. I know that's probably too late for the governors' meeting, but you might find it helpful if you want to go to the Independent Review Panel which is the next stage.

It sounds as if the school was acting unlawfully in all sorts of ways; for instance, imposing a part time timetable is illegal exclusion and is also disability discrimination if they do not ensure that something else is in place to ensure the child receives his entitlement to full time education. If the new arrangements meant they were no longer complying with the terms of the statement, that also is unlawful.

As a result of the exclusion the LA had a duty to arrange full time education for your child from the sixth day after the exclusion, and also to arrange all the provision set out in section F of the EHCP. If that is not happening, I'd strongly recommend contacting SOS SEN about taking steps to enforce your child's right to education. I know they probably can't immediately magic up a suitable specialist school, but they should be offering something like home tuition rather than putting all the responsibility on you.