Opinionated head upset us

[pimplebum]

My dd( 11) has school refused since January after fantastic attendance previously due to pressure of SATS and her best friend leaving

Oxygen deprivation has cause her not to be able to read and she sadly feels huge shame around this , EP noticed she masks a lot at school

Currently has EHCP under CAMHs and looking into ASd assessment
We think anxiety and depression as she no longer gets out of bed, nightmare to get her to wash or change clothes or take park in hobbies the SATS pressure is huge at her school and it's broken her

She has friends and loves having them over and comes alive like her old self

Just had meeting with head who thinks it's behaviour not mental health and she is choosing to stay at home and if she returns she won't be allowed to to do fun reward activities as she has not done exam
She will be expected to catch up with missed work . ( 4 months!!) DD found being pulled out to work in the " special" room isolating and the other kids stressful
borough home schooling is being planned and if it starts she won't be allowed back at school at all, she even questioned if our DS should join the school in September !! ( he has no SEND at all)

We are desperate for her to return and end primary school with happy memories and do the fun stuff

Head is not flexible or willing to change her mind

What can we do ?

All advice v gratefully received

This is disability discrimination. DD is protected under the Equality Act 2010. Follow up the meeting with an email to get a paper trail as evidence then follow the complaints process.

If DD is unable to attend school, the LA has a duty to ensure she still receives a suitable full time education and anything detailed, specified and quantified in F of the EHCP. However, section 19 provision doesn’t prevent DD reintegrating into school at a later date if she is able to. DD would remain on the school’s roll while receiving section 19 provision, so if at a later date DD can attend the school, the school preventing her from attending would be an unlawful informal exclusion.

Has an early review of the EHCP been requested?

Are you in contact with the SENCO at DD’s secondary placement.

headfirstintothewd thanks so much for your v helpful words ( I told my wife MN would help ! )

completerevision when she attended school she was frequently pulled out of class to do Send work in a special room and she hated it

If she returns to school and the head insists she catches up on missed work that would mean more time in isolation away from her friends

What she wants is a helper next to her in class to help assess the class work ( she gets 25 hours so should get that type of help )

Is the 25hrs written as 25hrs 1:1?

Is the 1:1 detailed, specified and quantified in F? Or is the wording woolly and vague with wording such as “access to”, “would benefit from”, “up to”, “or equivalent”, “opportunities for”, “as appropriate”, “would be useful/helpful”, “as required”? If the former then it must be provided and can be enforced via judicial review if necessary. If the latter you should try to tighten the wording up at the next review because it is unenforceable when it is woolly.

Is 25 hours enough to cover all lesson time? Does the EHCP state it is for lesson time? If not, some of it could be provided at break/lunch rather than lessons.

headfirstintothewild
Yes we have just come from a urgent review of her EHCP very upset at heads stance and lack of understanding of mental health can't believe she thinks DD is being naughty

My wife is a senior teacher at DD new secondary school and has known the senco for 20 years! It the Main reason we / Dd chose that school as our DD is familiar and comfortable there

completerevision wow!

you may wish to read more carefully yourself?

The SATS are in may, it's the prep all this year that has broken her

She is years behind so will struggle yes

Thanks 😢

headfirstintothewild will need to check wording

Thanks again

Ah, apologies, I didn’t realise the meeting was an early review.

Is DD receiving an enhanced transition to secondary?

It sounds like DD should perhaps be disapplied from the SATS. The rules state “pupils should not take the tests if any of the following apply:
they have not completed the relevant KS2 programme of study
they are working at the pre-key stage 2 standards or being assessed using the engagement model
they are working at the standard of the KS2 tests but are unable to participate, even when using suitable access arrangements
they are not in a fit physical or mental state at the time of the tests”

headfirstinyothewild
I am literally crying with relief at your v v helpful advice
We thought all this stress was over when we finally got her EHCP in fact it was just starting
Why is all this so fucking hard

Thanks so much for your time really appreciate it xxx

You are welcome.

Sadly the work is never ending. It is relentless.