School exclusions

[Sammie24]

Hi, I have an 8 year old son. He has recently been permanently excluded from school. This year alone has has had 2 fixed term and now one permanent. He has sen needs, has had an autism assesment ( results thursday) and received his ehcp the same day he got excluded.
Over the last 6 months I feel that his school has focused upon his behaviour but have not implemented strategies to help him in the mean time. He has on occasion hit out at his teaching assistant and staff. I know he shouldn't do it but I do feel that circumstances have made it possible. I told the school to give him time and space, during the last incident he connected twice with a member of staff, 1) he had 4 staff members around him whilst he was unsettled and anxious coming into school. 2) they didn't implement there policy if he hit once they were meant to do a specific manover to make sure no-one got hit again.
3) they were ment to stay out of his hit zone if they knew he was upset and give him space.
I feel let down, the head teacher permanently excluded him, then in a phone call with my local authority recinded the exclusion, then 2 days later alerted the authority that she was going for permanent exclusion again. I have been left with no other option but to home educate him as the pru is 33 miles from our home and its a big ordeal for him, we are going to go an look and see if we can make it work but it's just all Bit much.
The school excluded him one day even though he was in a hall displaying to 2 teachers that he didn't want to engage (they kept on at him) he managed to climb escape a window whilst in the same room as them and run to a fence and try to escape the school, because of this he was excluded for 5 days, I feel this was also harsh on him. I fully accept that my son is no angel and he is proving challenging but I also feel that the school have focused upon his behaviour and not the triggers. I am annoyed that he will have this on his permanent school record, he doesn't respond in an age appropriate way but this is due to a potential diagnosis and his anxiety. He never just walks up to someone and attacks it happens when he is in fight or flight mode. I feel so sorry for him, he can't read and does not write. I just don't know what to do, I am appealing the exclusion and have sendias involved. I dono I guess I just need to rant.

Doesn’t sound like it was necessary legal to me. An 8 year old boy? I am so sorry. I was fortunate to be able to fund my own private legal advice and my lawyers said immediately that the fixed term exclusion my son got was not legal but that most weren’t.

I would be focussing on what they put in place to avoid the circumstances that led up to the incident.

So sorry you are going through this.

Thank you. I have tried to do as much research as possible, spoken to an Ed psychology, citizens advice, sendiass, family support, sen team, exclusion officer and even a different head teacher to try and get everyone's view. It does not seem very fair. It's a very tough time. I'm a lone parent and also a 3rd year student nurse attempting to write assignments but this is taking alot of my focus. I should get all the evidence within the next couple of days before the meeting next week and I have also started a timeliness of events. X

Has the EHCP been finalised? What school is named? Does it include all the necessary provision? Is it specific and quantified?

How long is the journey to the PRU? In primary up to 45 mins is considered acceptable, although many travel further. If it is transport that worries you the LA should provide transport, with an escort if necessary.

Are there any other mainstream schools, ARPs or special schools that can meet DS' needs. Whatever you do don't EHE, the LA will say you are making suitable arrangements to educate DS and they are relieved of their duties.

Whilst some SENDIAS groups are helpful they receive funding from the LA so will ultimately toe the party line. You would be better trying to speak to IPSEA or SOSSEN.

IPSEA have advice on making written representations on their website. If after the governors meeting DS isn't reinstated and you don't agree with their decision you can request a review by an independent panel and you can ask for a SEN expert to be present. An independent panel can't reinstate DS but can direct the school to review their decision.

It may be possible to look at a disability discrimination case if you feel the exclusion occurred as a result of the school not making reasonable adjustments. However, from your post it is likely the school will argue they had legitimate cause due to health and safety and that an exclusion was rational, reasonable, fair and proportionate.

The la are working with me. They feel the exclusion is unfair and even though I am ehe they are still looking for schools. It will take about 55 mins to get there I think. They will provide transport but with my son it's not going to be easy to get him in . The ehcp doesn't name a school it's at draft stage although has gone through. Does that make a difference I don't know I'm new to all of this.

You have 15 days from when you received the draft to ask for any amendments you want and name your school preference? Have you done that? Make sure section F is specific and quantified otherwise the EHCP isn't worth the paper it is written on - no vague or woolly wording.

Unless your preference is wholly independent there are limited circumstances the LA can refuse to name your preference. Also, unless the school is wholly independent the LA can name a school that, when consulted, objects to being named.

Make sure the LA stick to the timescales when finalising the EHCP.

Why are you electively home educating? By EHE you relieve the LA of their duties. If the PRU is not suitable due to distance the LA can provide EOTAS, which could be home tutoring and any other provision in section F.

It's a temp measure . We ate going to the pru tomorrow for a look round. I have taken him off the books at the school too. They then have gone back on there word and are pushing for perm exclusion.

Stop EHE. By EHE you relieve the LA of providing anything. There's no onus on the LA to sort education within a timely manner. The LA should be providing education for DS, whether that's at the PRU or otherwise.

We are going to the pru tomorrow. The la are supporting

Yes, but the LA could stop being supportive or drag the process out and because you are EHE you can't do anything about it. Also, by EHE the LA don't have to provide any education for DS now, whereas if you didn't EHE they would have to from the sixth day after exclusion.

Thanks for your advice. I understand what you are saying. However, I have faith its going to work out. I have followed their guidence, its the school that have gone back on their word not the la. He has officially be EHE and they are still being supportable and have provided alternative provision and come to my home to meet him in his own environment. I trust in them.

Agree with 10brokengreenbottles. Tell the LA you are no longer EHE.

However much you trust the LA to do the right thing now, it may well backfire further down the line. Too many parents have found that out to their cost.