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SEN

Here you'll find advice from parents and teachers on special needs education.

Secondary school threatening legal action: (ASD persistent absence)

36 replies

SunDe · 01/12/2023 08:10

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!

OP posts:
PassageDEnfer · 01/12/2023 17:09

SunDe · 01/12/2023 16:57

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.

It's a nasty old business @SunDe, to treat parents punitively at a time when they are coping with seriously distressed children, by services that are paid to provide support. And it is driven by corporate considerations in respect of various bits of targetry and not by the needs of children, who for reasons of health or disability, are unable to behave normatively.

Hang in there. Make sure you've maintained a clear paper trail documenting DCs needs/difficulties. If the LA pursue you, take prompt advice, including on possible breaches of the Equality Act (EASS has a free helpline). If DC is on the autism assessment pathway EWO sounds unreasonable. Once you get the register markings changed at least that will be one thing off the list of things to worry about...

PassageDEnfer · 01/12/2023 17:17

sugarandsweetener · 01/12/2023 16:57

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

@sugarandsweetener - this is not AIBU where you get to be snide about SEND children.

Have a look at the evidence base on EBSA (ACAMH resources are a good starting point). Kids come back when the reasons that school feels unsafe are resolved by adults with an adequate understanding of the issues.

SunDe · 01/12/2023 17:33

I'm going to take a look at the ACAMH resources you refer to passage thanks.

OP posts:
BaublesofSteel · 01/12/2023 21:31

@SunDe It is incredibly difficult having a DC with SEN at home full time whilst trying to hold down a job too.

I do believe there is some substance to a DC becoming too ‘comfortable’ being out of education (any form of education , not just school) when they have access to all of their luxuries all day , every day at home. DC with SEN are still DC who do like to try out boundaries too! However, you have to think what works for your family.

My approach was to allow no screens, iPads or tech between school hours. DC had to run errands with me throughout the day as we had no choice. “Fun” outings were never a thing during school hours.

We ran errands, baked occasionally and I generally got on with life and DC had to fit in to that and find things to do.

DC was expected to find things to do such as drawing, crafts etc. It was tough on both of us at times and the days were long, but it did mean that DC knew that whilst I understood they could not attend school and that I was in their corner, that I was also not giving them a free ride to stay at home and do nothing. It made the transition back to education (a different form of education) easier, because they were bored and ready to experience things again.

This worked for my DC. It may not work for yours.

Phineyj · 01/12/2023 21:53

Hi OP, I taught a girl last year who went into autistic burnout in year 11 and this happened to my friend's teenage girl too. It's horrible to watch.

Your daughter is unwell. You know that. It's not about whether she's on an ipad or whatever.

Setting aside the absence codes, the school sound beyond useless. Of course she should have got enhanced transition. We do that at my school not just for DC with EHCP but also for those where either the primary or the parents make the case that they have those needs. It is such a gigantic hassle to get EHCP. Every Head knows that. They must know there are loads and loads of SEN SC out there who don't have that piece of paper.

There are people who can help you: Not Fine in School, as you've mentioned. I've found the Ipsea website very straightforward to use. Have a look at Steph's Two Girls on Facebook. She's been through this.

But the priority has to be getting your daughter better. Education will be there later.

SunDe · 02/12/2023 08:24

Thanks phineyj. I had considered she is in burnout. The first 2 weeks of absence were just what looked like pure shut down. Hard to know because it doesn't seem like it's something you exactly get diagnosed with!

I'll take a proper look at the face book page you suggested. I had a quick flick last night and it looked interesting.

OP posts:
Schooldinner2 · 02/12/2023 21:50

Op for various reasons my dd also had no transition to secondary (on asd/adhd waot list).
It hasnt been awful but even though they had the info they
Put her in the wrong maths set which meant when after 8w she moved up she got a warning for wiping off her white board where she was trying to work something out. She got a warning.
She has noise sensitivity and they hadnt told the music dept. So sent out of room.
The kids in her class arent nice. And this week a girl picking on her and purposely misinterpreting something dd said so all boys in class telling her she should go to the behaviour unit.

And friday the pe teacher saying 'lets go' so dd thought she meant to change back to uniform so did. And came out to find they were supposed to have gone somewhere.

Mine wasnt getting much support in primary just talking and the same at secondary.
Supposedly doesnt need ehcp yet if something goes wrong she likely to get in trouble.
Even little things like them being told about geography test yet she couldnt tell me if or when it would be so didnt study for it as the school hadnt said online when it is.

Its a big step up from primary and at the start the teacher dont even know kids name (unsurprisingly) let alone who has sen.

Can you work out what your dd is struggling with
Noise
Friendships
Breaks
Moving around school

As a bit like reception it probsbly calms down a bit after a few months.
Or thry could let her go to library or behsviour support etc/sen for breaks?

FairyTaleOfDudley · 02/12/2023 23:48

Thanks for replying schooldinner. Unfortunately a big part of the problem with dd is she will just not discuss it so it's impossible to pinpoint what the problem is.i mean, there clearly is one and we can guess it's related to overwhelm / sensory issues / anxiety but as yet she either doesn't have the ability to verbalise it or she does and she just doesn't want to 😩. She has her first meeting in a long time with camhs next week and I'm hoping we can get some help for her in describing the feelings.

Sorry your dd is having a tough transition, it's very hard to try to keep it all together for them. That's a good analogy re reception and dd struggled there too!

Phineyj · 03/12/2023 07:48

That's tough. It's so hard when someone can't tell you what the problem is. It's probably can't not won't.

For context, my DD was diagnosed 3 years ago (at 7) and it's taken a big chunk of that time for her to be able to articulate how she feels about various things.

Also of course your norm is your norm. It turned out (in an unrelated issue) that she had no depth perception pretty much but of course that was her normal! So someone who is extremely bothered by e.g. corridor noise might assume everyone else is or that it's not worth mentioning.

EHCPerhaps · 13/03/2024 21:30

I just wondered how your DDs are getting on by this stage in the school year? Mine is still out of school with what sounds very similar issues.

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