Can the school refuse for my DD to come back?

[UndertheCedartree]

I'm worried sick that my DD's school is going to stop her coming back. The head teacher is saying they can't meet her needs, that she is not suitable for mainstream, they have done 'everything' and can't continue to support her at the current level.

The SENCo says the school can meet her needs and she won't get an EHCP. She wanted an Ed Psych to assess DD (part of which has happened) but not got report yet.

I asked for an EHCNA. This was refused. The LA told me the school said they could meet DD's needs. However, they have not got a comprehensive plan in place for DD and have not been setting any targets, planning how to achieve them and reviewing (this is something I have asked for.) If this is put in place it might be enough for DD. Having seen the IEP (which I was told she didn't have!) it is just a cut and paste job and tick box exercise and really not going to achieve anything.

I think the Head wrote her off the first time she saw her have a meltdown in her first term. It's been made pretty clear they don't want DD there. Can they just exclude her? They have started suspending her if she is too mentally distressed to go to class. Can they just keep suspending her and then expel her?

My DD would be devastated as she has made some lovely friends and got a bond with some of the LSAs, her learning mentor and some of the teachers. I have no problem with any of the people 'on the ground' - they are lovely and report to me how well DD is doing, the progress she is making but they get frustrated with the constant change of plan and interference from senior members of staff.

Please help.

I have answered some of your points on your other thread, but to add to that, the school can’t lawfully continue to suspend DD like they have. Even if the suspensions were lawful, the number of days a school can suspend for is 45 days per academic year.

Yes, I know you have and I really appreciate it. But basically the Head is going to tell the LA they can't meet DD's needs. Can they ask for her to be moved school?

Sorry just reading your reply on my other thread - thank you!

The legal bar for an ECHNA is very low. I would appeal it if you are still in the appeal timeframe. I did and my LA conceded before the first evidence deadline (because all the evidence supports my case no the LA). I used the IPSEA guide.

Sorry I replied to your other thread and then saw this thread where you had asked some of the same things but also about if the school could keep suspending DD. I didn’t want you thinking I had ignored everything else to only reply to that bit.

The school cannot off-roll DD. The suspensions so far have been unlawful. Nothing you have mentioned would allow them to lawfully permanently exclude. If an EHCP is later issued, they could raise concerns and object when consulted. Even then the LA could still name them against their will.

Thank you, I really appreciate your advice. As I understand it, it would take some time to get an EHCP so I would hope at that point they wouldn't remove her from a school she was settled at. I'd consider a special school for her but not any other local school.

I do feel if they put a proper assess, plan, do, review plan in place it would really help. As long as everyone sticks to it!

I'm honestly baffled as to what is going on. The SENCo seems incredibly passive. She seems to think differently to the headteacher but not saying anything.

I'm going to do a subject access request in September to see if I can get to the bottom of what is happening.

I've read the school's SEND policy and all the information about what a mainstream school should offer and they've not done it at all. But the headteacher says they have done 'everything.'

We've never had a meeting with my DD to set outcomes. Never had outcomes and made a plan to achieve them. I've never seen any type of plan! We've discussed things to put into place but it's very hit and miss if they happen. I'm never allowed to speak to the SENCo. Apparently they should have been available at Parents evening. As an example - my DD has been given a pass to leave class if she needs to. But she's far too shy to want to actually use it! But none of this is ever reviewed.

Ah, thank you for the information. I am going to appeal the decision not to assess. I'm just waiting for a call back from the mediation people.

The school should be making their best endeavours to meet DD’s SEN and making reasonable adjustments. This can be part of your complaint. Sadly, the only way to guarantee DD receives all the support she needs is via an EHCP.

so I would hope at that point they wouldn't remove her from a school she was settled at.

This can’t be guaranteed, unfortunately. Although you would have the right of appeal if remaining at the school was your preference.

Ok, thank you.