Secondary school threatening legal action: (ASD persistent absence)

[SunDe]

Hi, I'm looking for some advice re: my SEN 11 yo dd who started secondary in Sept. She has been under CAMHS for 3 years and having been referred for an ASD assessment in April 2022, we finally had the assessment 3+ weeks ago and are waiting for the outcome.

Due to persistent absence (she went in around 3 days a week up until half term and has been permanently absent since), we were referred to the Educational Welfare officer last week and on meeting them, were essentially told they need a bum on a seat asap or they will start legal proceedings to prosecute. They gave us strategies which we have already used and failed with (we've been dealing with absence, though not persistent, for 3 years). The only new info we were given was they'd allow a reduced time table.

The main thing right now appears to be that dd has been marked as unauthorised absence for the entire time ( i believe that's what triggered the EWO involvement) and this is despite us having alerted the school to her special needs since 3 months before she even joined, information which they consistently ignored, to the point we had to raise an official complaint with the head teacher in late Sept (by this point she was already off a few days a week and no one at the school seemed to care or even know this was a SEN issue despite my incessant emailing to anyone who i thought would listen).

It doesn't matter how many times i tell them, or tell CAMHS, or have told the school, she WILL NOT go to school and in my view this is because she is ill. Whether it's ASD (i firmly believe it is) or MH issues, she cannot go. She doesn't know why and i can't change the fact she isn't able to vocalise this. I try every day for the last 3 years to try and get somewhere with this and to no avail. She clams up the minute we try to discuss (always has done), has difficulty describing or identifying emotions. For the first 2 weeks of her current persistent absence, she didn't leave her room. She has developed new rituals (which always happens at times of anxiety), i am on my knees with exhaustion as i now have to sit with her every night until gone midnight cos she's suddenly too scared to go to sleep on her own, she is worried she is ASD and she is confused and bored and is all over the place. I also have 2 other dcs to think about.

My question is though, should the school have been marking her as unauthorised absence or given i have been sharing all the info all along and them knowing she was waiting for an ASD assessment ( i had even shared my CAMHS contact with them), should it have been marked as authorised?

I'm also considering writing a complaint to the school board of governors. While i've already submitted one to the head teacher (about the fact no one acknowledged her SEN issues at any point i'd tried to alert them to this on the lead up to secondary starting), which was upheld, we were given lip service. I am of the view now that their failure to acknoweldge her SEN issues and as per their policy put in place meetings with us and SENDCO even before she started there (or in fact since, i have never once had a meeting with the SENDCO) has possibly now impacted the entire path of her academic career. If they had listened when i told them time and time again, i can't help but feel we wouldn't have got to the point where she now doesn't go at all.

Any experience or advice or even a friendly ear would be much, much appreciated. Right now, i feel like she's about to be thrown out of the school cos her bum isn't on a seat, she currently nowhere close to agreeing to go back (she says she's not going back at all), and we're now being threatened with legal proceedings when i think the school have failed to provide us with the support, at the crucial transition window (i.e. from day one, rather than from week 4 when she was already staying off) and have also potentially recorded her absence as unauthorised when it should have been registered as authorised.

sorry that was long!

Does she have an EHCP?

how did primary go?

Thanks for replying sugar. No ECHP no, it never even came up as a possibility until we complained to the head teacher and that was one of her actions. We've not heard a peep from her about it since though. Primary was mainly ok but anxiety around going in started 3 years ago and gradually escalated into year 6 which is why I made every effort to engage the secondary school ahead of time (June this year).

We've not heard a peep from her about it since though.

But you are the latent Op. You. So you chase and advocate and pursue

so anxiety from year 3/4 onwards?

OP…. your child is not getting an education, which will impact her life enormously and very negatively.

Since 8 she’s been struggling seriously. And you say SEN but it would seem
no diagnosis has been sought until April 2022 and no support.

See this as a battle and be as proactive as possible

Don’t waste your time complaining. Spend the energy towards doing doing something proactive for your daughter

Whilst this is being pursued, can you afford a tutor?

The school should be recording the absences as authorised. I disagree with pp, you absolutely do need to challenge them.

Email the school and copy in the LA reminding them the DfE’s attendance guidance states absences should be recorded as authorised where pupils cannot attend due to illness (both physical and mental health related). Also, the regulations (Education (Pupil Registration) (England) Regulations 2006) make it clear where a pupil is absent because they are unable to attend due to their medical needs the absence must be regarded as authorised.

Go on to say that as DC is not receiving an alternative education under s.19 of the Education Act 1996 and an EHCNA has only recently been requested (or not requested at all if it hasn’t) the school and LA could have done and still can do more to support DD with her needs arising from her MH/SEN.

As difficult as it is, try not to let the threat of prosecution scare you. Ensure you follow up all verbal conversations (including meetings) with emails so you have a paper trail as evidence.

Under s19 of the Education Act 1996, if DD can’t attend school full time due to her MH/SEN (or otherwise) the LA has a statutory duty to ensure she receives a suitable, full-time education. Email the Director of Children’s Services requesting provision. If you are ignored or they refuse/delay, email again reminding them of their statutory duty and threatening judicial review. If that fails, contact SOSSEN for a pre-action letter. You do not need to pay for a tutor yourself.

Separately, if an EHCNA requested has actually been formally submitted to the LA, do it yourself. On their website, IPSEA has a model letter you can use.

Don’t allow the school to off-roll DD. That would be unlawful. And whatever you do, don’t deregister and EHE even if DD can’t attend.

And you say SEN but it would seem no diagnosis has been sought until April 2022 and no support.

There doesn’t have to be a diagnosis for pupils to be considered to have SEN?

Again, thanks *sweet". I don;t think i've done myself justice in the OP or other posts because i've fought non stop since 2020 to have someone at the primary school, at CAMHS to support us. Due to the waiting list, we didn't have CAMHS case worker until Autumn '21 and then finally after many sessions with her, they referred her for the ASD assessment which of course is a long waiting list. We now just await the outcome which the EWO has said we "better get soon", unfortunately as much as i harass CAMHS, i can't force them to give it to me! Since June this year i have badgered the secondary and CAMHS non stop for support on transition as i have researched and knew that this can be a critical time for ASD girls starting the un-masking. And it appears that that is where we are. Point taken on the ECHP, i think we were kidding ourselves that this might not be severe enough to need to result in that. Thanks again for taking the time to reply.

and to answer your q, we have already set her back up with an online tutor she had before, which is a major step for her to have agreed to. At the moment, she refuses to see anyone face to face.

thank you blue brick that is all very helpful information. I was also under the impression that you didn't need a formal diagnosis to be considered as SEN and given she has been in the CAMHS system for over 2 years, we've already now had the assessment, and the school's policy itself states that they don't need a diagnosis to be considered as SEN, i don't understand why her absences have been marked as unauthorised. Especially as i've been in constant contact with them all along explaining what is going on witt her at home (anxious, withdrawn, distressed, increase in behaviours etc).

@SunDe I have been through this with one of my DC. Please don’t blame yourself. Parents only know what to do , when they know what to do! It doesn’t mean you haven’t been fighting, it means nobody has pro actively helped you.

I also agree that you need to challenge the unauthorised absences. Do you have an email trail outlining your contact with the school and outlining the reasons for absence?

If so, keep these as evidence.

I would also contact your GP and explain what is going on, explain DD is awaiting assessment and CAMHS involvement for suspected ASD. They may write a letter of support for you to confirm why DD is not attending; although some GPs are better than others. Send this to school and the local authority.

The provision that @BlueBrick mentioned (s19) should be put in place. Do not delay on this and use IPSEA’s model letter to request it.

@BlueBrick has given you solid advice; you need to get things rolling as soon as possible. You are not to blame, but it is always a fight. Always.

you don’t need a formal diagnosis

however if your daughter has never received any SEN support - is this because the school has included she doesn’t? In which case… a formal diagnosis would have changed their stance!

how are you managing this OP ? are you able to work? what does she do all day?

Have a look at Not Fine in School, OP. They have chapter and verse from DfE's school attendance guidance and from the regulations (secondary legislation) showing the options Headteachers have for register markings. Only the Headteacher can determine the register marking, and the markings can be revised, even for previous academic years. BlueBricks is quite right - you need to write to School, explaining that these absences have been due to health being too poor to attend, and request these are reviewed, as the guidance suggests they should be marked as I for illness, and you therefore believe the markings to be incorrect. DfE have clarified that mental health is coverted in the same way as physical ill health. I'd reference the legislation (see Not Fine in School), copy in the LA, and say that if the LA are advising the school to behave in a way that is contrary to DfE guidance, you will pursue this with DfE.

I don't know if this is your intention, but you are coming over as a tad judgemental. That's not really the vibe on SEN pages...

i am concerned about how the OP is seeing in what sounds like a very stressful scenario 😐

hence asking

sugarandsweetener support in schools is based on needs, not diagnosis. Schools must, legally, make their best endeavours to meet a pupil’s SEN whether they have a diagnosis or not. A formal diagnosis does not automatically result in more SEN support.

Thanks all and sorry to hear you have been through this bauble . It's put years on us.

sweet both dh and I work full time in "full on" jobs so to speak but I work mainly from home so right now it's logistically ok. At home dd mainly watches her ipad (repeat upon repeat of her favourite TV series). We did manage to set her up up do some school work (against the school's wishes and our original thinking that this would result in her thinking she could be schooled at home) but she got quite flustered by the whole thing and has refused to do any more. We have tried the removal of the ipad intermittently over the years and things become untenable e.g. Last year had to have a very serious meeting on zoom with her having a meltdown just off camera and there was nothing we could do to calm her. The first 2 weeks of absence this round she didn't leave her bed other than to use the toilet. We have managed to get her up and about in the house these last 2 weeks.

agreed

but my point is neither primary or secondary diary have thought this pupil warranted SEN intervention

Thanks passage . Funnily enough it's the Not fine in school website that meant I started to realise they have likely be marking her unauthorised. I didn't trust my own judgement enough on what I was reading to challenge the education welfare officer when they told us we had to get her in asap.

Op she is living what she thinks is the dream (sadly we know it absolutely isn’t). She is not having to get up early and go to school and is spending the entire day on her beloved ipad

I recognise that the wheels are in motion for a diagnosis but i think with an 11 year old - this has to be some tough love and that may well involve removal ipad and screen generally during the school day

You're right sweet and at primary that would be I believe because in school she is a model pupil. Has friends. Joins in in class. No behavioural issues. As a result of CAMHS involvement she was given access to a cool down zone place whenever she wanted it. Secondary wise they don't appear to know what to make of it. They missed the info shared with them about her being sen and by the time we complained and they put things in place (learning mentor once a week), she was already staying off which turned permanent literally after only 2 sessions with the learning mentor.

Did she have SEN support at primary?

i think her time off school needs to be less appealing that being allowed all day on the ipad

Agreed, sweet re: ipad. Tough love is proving very tough right now with everything going on and at times it could make the difference between me having a job or not so a final and full cut of the screens is rather worrying! But i do wish more than anything this was not the case and it is something my dh and I argue about a lot. It's still a very active conversation and I think we will be bracing ourselves for doing that.

sugarandsweetener it isn’t uncommon for schools to say DC, especially girls, are ‘fine’ when they are anything but. So it isn’t really relevant whether the schools were/are providing SEN support. OP’s DD clearly has SEN, whether she has a diagnosis or not. Although if they put a learning mentor in place, she was receiving SEN support at primary.

Do you have any experience of DC with EBSA? Because your posts are coming across as though you don’t. Tough love is unlikely to work and may well cause further trauma. What DD needs is additional support so she can engage in other things (and a by-product of that would be iPad time reduced).