Reduced School hours

[MummyPop00]

DS 13 is in year 8 at High School with ASD in Designated Provision attached to mainstream, but the wheels have been coming off over the last year.

In December there was a safety incident, DS had a meltdown & threatened to jump off the first floor staircase so he was excluded temporarily & then started again in Jan doing two hour days, then gradually readmitted to full time again over a three month period. Been doing full time over the last six weeks or so but due to further behavioural issues, School have cut his hours again to two per day, as of yesterday, before the upcoming half term.

School are now contacting the LA regarding where we go from here.

We requested an emergency review of the EHC plan in January, the LA have only just implemented the additional funding now for a 1:1 TA, School have been doing this out of their own funding since Jan.

Increasingly looks like we are going to have to jump ship to a ASD specific school 8 miles away, we named this on the emergency EHCP review but the LA went with the increased support at his existing school.

We are dreading the possibility of another emergency EHCP review, then another three or four months reduced school hours whilst the LA, with their EHCP backlog, take months to deal with it…

Home schooling is not really an option, School is the only respite we get as we have no extended family to call on & DD 12 also has ‘issues’, just not formally recognised (as yet).

What are our rights here regarding the reduced hours? Can school keep doing this for safeguarding reasons?

Have you appealed the LA’s refusal to name your preferred school? If not are you still within the appeal window? I think you probably are, in which case you should appeal

Was the exclusion in December a formal exclusion with paperwork? Or an informal, illegal exclusion.

Sounds like DS is being illegally excluded. Email the headteacher informing them DS will be attending full time unless formally excluded. Ensuring the exclusion are formal instead of an unlawful, informal exclusions will a) provide you with evidence of unmet needs to support pursuing additional SEP/an alternative placement, b) force the school to follow due process, c) limit the number of days the school can exclude for, d) allow you to challenge any exclusion, and e) ensure DS receives alternative education for longer exclusions.

Alternatively, if you don’t feel DS can attend full time email the LA’s Director of Children’s Services informing them DS is not receiving a suitable full time education, so they need to provide provision under s.19 of the Education Act 1996. And DS is not receiving all the provision detailed, specified and quantified in F of the EHCP and they have a duty to ensure he does under s.42 CAFA 2014. If the email doesn’t work email again threatening judicial review. Then if that doesn’t work contact SOSSEN for help with a pre-action letter. Unfortunately the provision in F can only be enforced if it detailed, specified and quantified. If it is woolly and vague it isn’t enforceable.

Part time timetables should be short term (no concrete definition but often said to be 6-8 weeks) aimed at reintegration. After this DC should either be in school full time or alternative arrangements provided as well or instead of part time school. Part time timetables should also not be used to manage behaviour.

Separately to all this you should request social care assessments. A carer’s assessment for you and an assessment via the disabled children’s team for DS. On their website contact have model letters you can use.

For future reference, following reviews the LA must inform you whether they are going to amend or not and if they are send a draft then within 4 weeks then finalise within 12 weeks. If the LA breach these timescales you can enforce them, via JR if necessary.

Wow, encyclopaedia knowledge there @ThomasWasTortured thank you very much for that comprehensive reply.

Yes, we never got anything in writing, so I guess it was an ‘illegal’ exclusion.

To clarify: we were happy to give the ASD unit within mainstream a final go, but did name an alternative ASD specialist school on the January emergency EHCP review, whilst not expecting the LA to sanction it at this stage.

Just been in touch with the local SENDIASS, who like yourself has told me to get school’s proposals re: reduced timetable in writing, and they ‘shouldn’t be operating a reduced timetable even with fair reasons longer than 6 weeks’ as you said.

They have also advised me to call another emergency EHCP review rather than going straight to tribunal because the backlog is even worse for tribunals (Feb-March next year!).

So I’ve emailed school asking if they or we are instigating another emergency review & also asking for the details in writing re reduced timetables & then depending on their reply, will consider using some of the other routes you have mentioned! Once again, many thanks 😊

As I suspected. Unfortunately all too often schools informally exclude.

I am glad SENDIASS were supportive. Do be careful with them though, some can be good, but a lot perpetuate the LA’s unlawful policies and practices. IPSEA and SOSSEN are better.

Personally, I wouldn’t wait for another early review before appealing. The LA does not have to agree to an early review. If they refuse there’s no right of appeal. You would be left either waiting for the annual review or requesting a reassessment of needs (which would come with the right of appeal if refused). The waits for a hearing are long but waiting for another early review could potentially further delay DS receiving the provision he needs. Even if you appeal you can continue to communicate with the LA. If you do appeal inform SENDIST DS is not in full time education as these appeals are prioritised.

Again all noted, DS annual review is actually due on 14th June anyhow, so guessing going via a EHCP review will remain the most convenient route

Personally, I would still submit an appeal now. If the AR results in all the necessary amendments that’s brilliant, but if it doesn’t you haven’t lost up to 3 months.

Hi again, so can you still appeal the last review pending a new review? I see what you mean though about having two routes for change open, more options the better

Yes, they are separate processes. ARs must be held at least every 12 months even if an appeal has already been submitted. With the long waits for hearings at the moment it isn’t uncommon to have an AR during the appeals process.

Update: situation deteriorating further, DS been formally excluded this afternoon for kicking a TA (I made sure they emailed me this time before collecting)

He is currently back attending full time after I made it clear: no more informal exclusions.

Got a meeting with the school Senco tomorrow on ‘how to keep ds safe’ which ds is supposed to be attending but won’t be doing.

At this point, we just want School to permanently exclude so we can get him into more specialist provision via whatever means possible sooner rather than later. They seem reluctant to do so, not sure why?

DS has had a meltdown on being picked up & is refusing to go to School tomorrow & I think he has reached the end of his rope with the place.

He hates being shadowed everywhere by a TA. He has lunch separately sat with a TA in designated provision & also has break times separately in the same DP room & according to him the TA’s won’t let him even talk to other pupils for his own safety which we point out is in part due to his own behaviour.

A nightmare really & he clearly needs moving asap though we are literally clinging on by our fingernails trying to get school to fully exclude to grease the wheels going forward. Is this the right strategy? Any advice?

Hi, what happened at the annual review? That remains your best route to fixing this. Has the school said that it can not meet needs? You could consider withdrawing him and requesting EOTAS as an interim measure given needs are not being met, for the period until your appeal (to the amended final EHCP) is heard at SENDIST. You may be best doing this once you have the amended final EHCP issued in order that the LA are aware that it will need to explain its behaviour at the hearing and also think twice about doing things like amending section I in advance of said hearing.

Did you appeal section I?

Schools are often reluctant to PEX for a multitude of reasons. But, if DS can’t attend school because of his MH/SEN, and it sounds like he is on the verge of EBSA, the LA must provide alternative education under s.19 of the Education Act 1996. This should begin once it becomes clear DS will miss 15 days.

Whatever you do, don’t deregister! Parents often find it easier (although not easy) to get support when on a school’s roll. Crudely, you are someone’s problem and if DS can’t attend the LA must provide provision. Whereas, if you EHE it is easier for professionals to sweep DC’s needs under the carpet and the LA will say you are making suitable alternative arrangements thereby relieving them of their duties.

Yes, I was not suggesting deregistering and you must be absolutely clear in writing that you are not electing to home educate. It must be because the current placement is not appropriate and not meeting needs etc

Hi again, thanks for the replies.

The annual review in June resulted in the general acceptance by everyone attending that the current situation isn’t working very well so it’s on its way to panel however long that takes at the moment. EHCP team worker from the LA in attendance at the Annual Review tried suggesting the only other high school in town with a ASD DP to us but of course we gave that short shrift as it would be swapping like with like & so we are pushing hard as we can now for specialist provision. The fervent hope is we can get ds sorted by September.

We have absolutely no intention of home educating, we need the respite.

Ok but I think that exclusion is likely to result in DC being at home more in a similar fashion rather than immediate access to alternative provision, let alone specialist provision. At the AR , did the school express a view on whether it is the appropriate type of provision for DC?

Did you not appeal section I (and B&F) from the last review?

The difference is by withdrawing/deregistering and home educating OP would be responsible for education, but for provision under s.19 of the Education Act 1996 the LA retain responsibility.

The school did admit they were struggling to meet needs at the AR. The SENCO is wondering why the LA haven’t offered us an alternative placement for September yet.

The existing EHCP is bare bones in terms of its descriptions & is in the process of being rewritten. We decided rightly or wrongly not to appeal the previous emergency review due to times waiting for appeals to be heard.

Son has decided he isn’t going in tomorrow so has likely attended for the last time & we aren’t home educating so something has to give.

Will be contacting any / all of GP, local Child Development Centre & CAHMS with a view to getting a letter in the interim explaining his EBSA.

Many people have appeal to get anything but MS.

The existing EHCP is bare bones in terms of its descriptions

This is probably, at least in part, why the LA haven’t agreed to another placement yet. If the EHCP is poor and doesn’t accurately reflect needs and the SEP required it makes it far harder to get a specialist setting named.

Yes, also while you may be able to obtain a medical letter and use it as grounds for your child not attending, that doesn't necessarily demonstrate that his special educational needs are not being met. Best of luck with it all

Yes absolutely but in fairness we have had no reason to question provision thus far but after a promising- nay much better than expected- start at MS High School the wheels have now come off spectacularly. Rest assured, we will be wanting some substantial meat on the bones of the revised EHCP before we are prepared to accept it.

Just another update…

DS been out of school for 12 days now, school break up tomorrow.

Been in touch with GP/CAHMS, CAHMS said they are writing to School suggesting another review of his EHCP even though we haven’t had the proposals from the latest annual EHCP review yet.

That EHCP review was held on 12 June. Looking at the IPSEA website the LA should have been in touch with draft proposals going forwards by now?

Wrote a s.22 IPSEA template letter to the Director of Children’s Services on the 13th July regarding DS being unable to attend school & to be fair, this was acknowledged within a couple of hours & I was told this is being passed to a senior officer for SEND & Education. However, not heard anything back yet.

What are my next moves here?

School break up tomorrow, so just before the 15 day threshold for alternative education being provided as DS will have only been out of school for 15 days…

Unless I hear imminently I’m guessing there is little chance DS starts a new school at the beginning of September at this stage?

Oops, DS will have been out of school for 13 days by finish of term tomorrow not 15 days!

Personally, I would focus on the existing review. Email the Director of Children’s Services reminding them of the timescales. If that doesn’t work email again threatening judicial review. Then, if that fails you need a pre-action letter. If you do want an early review it is the LA who you need to contact, not the school.

It is unlikely DS will start a new school at the beginning of September now.

If in September DS can’t attend the existing school email the Director of Children’s Services informing them of the situation and requesting provision under s.19 of the Education Act 1996. If that doesn’t work email again threatening JR. Then if that fails you need a pre-action letter.

@ThomasWasTortured

Many thanks for that, very grateful for the guidance!

@MummyPop00 Any updates? Hope the LA has something in place for you for Sept.

Just another update. Son still out of school, LA have pushed forward a local SEMH School which we have had a look round today, School seemed ‘ok’ without being amazing, but yes we would probably send him there, but Son was very negative about it staying he wants to go back to his MS School.

He & this situation are both driving us nuts tbh.

So, if the existing MS School with ASD unit are insinuating strongly they cannot meet need, but son refuses to go into specialist provision what does this leave as options if we don’t want to home school?

It could leave EOTAS?