School exclusions advice please!!

[desperatemum24]

Dd is 11 has asd. In a Sen school for asd children.

She started in September, she has been excluded 3 times for aggressive behaviour. On one occasion another child was poking her and she retaliated. (She doesn't like people on her space) on another she hit a teacher and on the last one she over turned a table over in temper. (No one injured) She is massively anxious, self harms and is on high alert at all times.

There is nothing in place to support her , I've requested Ed psych which school haven't done. I put a referral in to camhs but was told she doesn't meet the threshold. I've requested support from social services and been denied it.

They have refused to take her back until a risk assessment is in place and have called an emergency meeting for Monday to review her ehcp.

I am concerned they are going to say they can't meet need, she wouldn't cope in mainstream and can't attend any other Sen school in our area as they all require a learning or physical disability . (She is not behind academically) I don't want her in a behavioural unit.

Any advice for the meeting,? Should I challenge the exclusions ? Can I state I want her to stay in this school? I'm worried I will be ambushed once I'm there. Thanks

Bump

What type of school is it? That affects the rules around suspensions/placements. Is DD currently formally suspended or is it an informal exclusion?

What provision is detailed, specified and quantified in section F? That must be provided. If it isn’t being provided, email the HT reminding them of the provision. Also, email the Director of Children’s Services informing them of the situation and reminding them it is ultimately their responsibility to ensure it is provided.

I would use the early review to pursue additional support. For example, OT, SALT, MH therapies (MH support can be included in EHCPs even when the normal CAMHS threshold isn’t met). Does DD need 1:1/more 1:1? You may have to appeal to ensure section F is adequate.

At the early review meeting, you can request EP input. But it may be refused. If you want an updated EP assessment, you may have to formally request a reassessment of needs. Although there is no guarantee the LA will agree, but you can appeal.

Did you formally request social care assessments? If so, did you complain when they were refused?

@BlueBrick
Thank you for your reply. Its a Sen school for children with social communication issues.

They don't offer one to one because the classes are small ratio is 6:2. His ehcp does state one to one.

I will request additional services . Everytime I've asked (informally) I've been told no.

I didn't complain re ss it didn't occur to me too.

Sorry her

I think it's informal

I know it is a special school but is it a state school or independent? The rules are different for different types of schools.

Don’t allow the school to unlawfully informally exclude DD. If it isn’t a formal suspension, DD can attend. If the school doesn’t want DD to attend, force them to formally suspend. This gives you evidence of unmet needs, allows you to challenge exclusion and limits the number of days in the year they can exclude for.

If 1:1 is detailed, specified and quantified in F, it must be provided regardless of what the school normally provides and can be enforced. Email the HT reminding them 1:1 is required. Also, email the Director of Children’s Services reminding them they are ultimately responsible for ensuring the provision in F is provided. Then, if 1:1 continues to not be provided email the LA again threatening judicial review. If it still persists, contact SOSSEN for help with a pre-action letter.

Request social care assessments again (Contact has model letters you can use). If they refuse to assess again complain (Contact also has a model letter for this).

Thank you for your advice. It's a state school if that makes any difference. I am taking notes of what you are saying.

State schools must follow the statutory exclusion and suspension guidance here. They cannot informally exclude and they cannot suspend just because they say they can’t meet DD’s needs.

Even if the school says they can’t meet needs, the LA can still keep them named in DD's EHCP.

@BlueBrick that's really interesting thank you.