SEND young person?

[Spyral]

My Dd is 18 and has suspected CFS/ME and PoTS. She is just in the process of getting a referral from the Gp to see a specialist for diagnosing. Would this condition be considered SEND?

The Gp has also prescribed anxiety medication for her as she is suffering with that also.

She missed a lot of yr13 at sixth form because of how she's been feeling and, although she did her mocks in January, wasn't able to do her A-levels in the summer. It was agreed with sixth form that she could hopefully repeat yr13 this year but she still hasn't improved enough to go in for regular lessons.

Our contact at sixth form, a learning mentor, who we have been communicating with about Dd's issues, has said that DD can go back this year if she attends as normal but that if she can't they won't be able to accommodate her.

My question is can they just write her off like that or can we ask that they apply the SEND code of practice in this case and make reasonable adjustments so DD has the opportunity to try and complete her A-levels?

I wasn't sure if either her age (18, summer born), the condition she seems to have, or the fact that it's a school sixth form would mean that the SEND law and guidance doesn't apply.

[Thatsnotmycar]

DD has SEN, and she would be considered to be disabled too. The school must make reasonable adjustments. Some education law does apply to post 16, but parts of it doesn’t. For example, the legislation covering providing education to those unable to attend school doesn’t apply to post 16 pupils. Some applies to school sixth forms that doesn’t apply to colleges. For example, the exclusion guidance.

The best option would be to apply for an EHCNA. This is the only way to guarantee specific support including provision for when DD is unable to attend sixth form.

[Haveasay]

Most school/ sixth forms are not registered to take pupils over 19yrs of age so would not be able to keep her on roll. Colleges have different guidelines and with an EHCP it is possible to remain in education (college) until 25yrs of age if appropriate.

[Thatsnotmycar]

If that was the reason DD wouldn’t be able to attend at all which isn’t what the sixth form are saying. They are saying she can only go back to repeat Y13 if she can attend as normal this year.

There also shouldn’t be a problem with registration or funding as DD won’t turn 20 until after the completion of this year. I highly doubt she’s the first pupil they’ve ever had that has repeated/restarted a year during sixth form.

[Spyral]

Thanks both for your input.

Yes, @Thatsnotmycar, it can't be down to age because they were happy to have her back this year until we've let them know that she hasn't improved enough to be able to physically go into school. They have also got other students repeating yr13 this year, for various reasons, who are in the same cohort as Dd. And anyway, with her birthday being in the summer, she would still be 18 at the time of the exams in the summer term.

It seems that sixth form/school have just made the unilateral decision that if she can't physically attend her timetabled lessons they won't allow her to sit the exams. There has been no attempt at recognising Dd's SEN issue/disability or assessing her, never mind including us in the decision making or considering 'reasonable adjustments'.

I'm confused because if you read the schools SEN policy it clearly includes the sixth form and, of course, all the legally required protocol is stated, but they don't seem to be following that policy in this instance. So I just wasn't sure if, for some reason, the law doesn't apply to them here and if they actually have valid & justifiable reasons for making the decision to not educate my Dd in a way that she can manage.

[Thatsnotmycar]

I would urge you to apply for an EHCNA. That is the only way to legally secure provision, including home or online tuition and therapies.

[Spyral]

Yes, I think we'll have to go that route, although we were hoping to avoid it because of the time the process can take to get the actual ECHP if it's deemed necessary. By the time it would be in place Dd would probably have finished the learning part of this second year of the course at sixth form. The summer term & probably some of the winter term is just revision.

Awkward also because she wants to do at least biology this year & that involves practicals which she was hoping to be able to do in small groups with teachers she already knows and that know her, so she really wanted to stick with sixth form. I don't know for sure but by the time an ECHP is created it might mean that only FE college is available to her.

It's such as shame for her that she got ill in the middle of a two year course, that she'd half completed and now can't finish.

[Thatsnotmycar]

An EHCP can last until 25, or 26 in some circumstances, although mainstream schools won’t be suitable that long. If college isn’t appropriate there are other options such as home tuition or online.

[Spyral]

Yes, sorry, I just meant that she'll probably have to start a levels from scratch again even though she'd already got through half the course - frustrating!

Also, I'm of a mind to make a complaint about school/college not applying their SEN policy to Dd. We've just been told 'NO' and I don't think that's right or fair, and potentially not legal when you consider the Children's & Families Act and the Equality Act.

[Thatsnotmycar]

You would have a good case for EOTAS, so Dd wouldn’t necessarily have to start again.