alternative provision list

[0nceMoreUntoTheBreach]

Hi,

I wondered if I could ask for advice about dealing with alternative provision? I have a really complicated problem.

My son is out of school because he is having terrible panic attacks due to being exposed to inappropriate material at school. (horror and post-watershed stuff - the school say it's fine, but it's definitely not fine for my DS and has really messed him up).

He's been out of school for 2.5 months and there is still no alternative provision. The school say he must accept tutors and video calls. DS is petrified of having tutors or videos calls because he knows they will expose him to stuff he can't cope with. (He is absolutely right about this, because I am teaching him at home and he is incredibly sensitive at the moment. I even have to cover all the pictures in books.)

I would like them to send tests and powerpoint files from school so I could read them and teach the material to DS in a gentle way that he can cope with. That's what I'm already doing in several subjects and it works well. He does the tests and sends them in and it is good.

The school say they can't do that because it is against regulations. They says that if I want to teach him then we have to deregister and electively home educate.

It can't be a safeguarding thing, because they are perfectly happy for me to EHE.

I am refusing to deregister because we want the support of a school. For a lot of different reason, that I won't go into, I really don't think EHE would work for us.

I wondered if anybody might know how we deal with this situation so the school are working within their guidelines and my son can receive an education, without having to engage with adults outside the family just now?

I called child protection at the council and they told me to write to the newspapers, but that seems a bit of a nuclear option. I would rather work it out amicably with the school.

Thanks!

It is the LA’s responsibility to provide a suitable, full-time education to those unable to attend school, not the schools. This duty is non-delegable. The school is right in that work sent home from school is not sufficient to discharge the LA’s duty. However, provision must be suitable so if formal tuition (or formal tuition covering certain topics) or virtual calls are not suitable then something else must be provided.

Hi,

Thanks for explaining. Would you happen to know where the rule is written down officially about how the provision must be suitable? If I had that in writing it would really help.

There are so many rules and they all contradict one another so that everything is both mandatory and forbidden.

I got an email yesterday to say that the LA duty has been delegated to the school so that it is now the school's job to commission services. It makes almost no difference as neither of them have time to talk to us.

Thanks!

I think I found it here:

https://assets.publishing.service.gov.uk/media/657995f0254aaa000d050bff/Arranging_education_for_children_who_cannot_attend_school_because_of_health_needs.pdf

Thanks

"When arranging provision, local authorities should avoid ‘hard and fast’ rules about what and how they arrange education to meet a child’s health needs as they may be inappropriate as they could limit the offer and prevent their access to the right level of educational support which they are well enough to receive. "

It makes a difference who has ultimate responsibility because that determines who enforcement action is taken against. The law states the LA’s duty is absolute. Email the Director of Children’s Services reminding them of their duty and threatening judicial review. If that doesn’t work contact SOSSEN for help with a pre-action letter.

The duty to ensure CSA pupils unable to attend school receive a suitable, full-time education is in s.19 of the Education Act 1996. This has to be suitable for the pupil’s age, ability and aptitude, and special educational needs. But there is no one set definition of what is suitable because that will depend on the individual circumstances. Ultimately, if necessary, it would be the courts who decide. The law, in this area, doesn’t contradict itself.

Gosh, thanks for explaining.

Reading between the lines here I suspect the school don't want to send home all their planning and schemes of work because it places what they may consider to be an unreasonable administrative burden and scrutiny on what is quite possibly perfectly good lesson planning, PowerPoint presentations etc but only if delivered by the teachers who planned them, or their colleagues, not by a ( presumably unqualified) parent.

They are falling back on the fact that they are not legally obliged to do so, though they are happy to continue with their other duties and obligations, including welfare/safeguarding, arranging alternative or remote provision like outreach etc.

They are not wrong to say no, but you are not wrong to have requested it either.

Hi @SquirrelHash,

Thanks yes I see what you mean.

Have you seen these letters that you can edit from Ipsea. They are really good contain all the correct legal words you need to use for your child to request

https://www.ipsea.org.uk/asking-the-local-authority-to-arrange-alternative-education-model-letter-22?fbclid=IwAR2fh-2aN2yJALbQnhrqvnP2UKOHBd9q7JptOo9GdFaf9Xb1QA0xHPmGjUMaemm_AU8sTvLXzPsAgjdgJazJ1IFshpK8xJgM9OATIVI19HEXUV8yX9co6MsloW9Z1FdNDgI

Thanks, yes I'll keep that in mind. At the moment letters and officialdom don't seem to be helping. I do all the right legal stuff and people just look blandly at me and say "Have you considered elective home education?"

It's like there is no negative consequence at all for people just not doing their job.

At the same time, staff keep leaving and then I have to start again with a new person. I think the system is really under a lot of strain.

This is why you need to threaten JR and follow through with a pre-action letter if necessary. Ultimately, the LA can only ignore you if you allow them to because you can force them to act via enforcement action.

Thanks, I'll make sure I have that all in hand for my next meeting.

You don’t need to wait for the next meeting. Email the Director of Children’s Services threatening JR then get a pre-action letter if that doesn’t work.

It's okay the next meeting is this week and I am hopeful that we will make progress. I am doing a bunch of research to try to get a workable solution to propose.

You are far better off emailing the Director of Children’s Services.

Last time I emailed the Director of Children’s Services with my EHCP request, the email was deleted and nothing was done at all. I had used the proper legally watertight letter from ipsea and they just deleted it. The school then had to send an EHCP request separately.

Which is why I said if that doesn’t work you need a pre-action letter. But sometimes the mention of JR makes them sit up and take note when they haven’t previously and wouldn’t otherwise.

The school then had to send an EHCP request separately.

Or you could have enforced the request you made. You didn’t have to start again.

Your situation has been going on for months, the LA will continue to act unlawfully unless you force them to act correctly. The way to force them is by emailing threatening JR.

Do you have Rachael Wardell by any chance? She never replies useless

Gosh, okay, that's good to know. I'll look into how to do the JR thing.