CME and not the “mum” to look after the child

[Hopefullysleeptime]

Hi

A highly experienced person / decided to quit being advocate told me that after a child is off rolled and equates the correct term is a CME what is the law regards AP? Any specific law quotes / statements? She said 10 days max to implement AP after a child is off rolled and now CME - which is a bit of a joke (regards my child has had nothing for a yr)

Also, once I’m sure I saw on a Facebook page it’s not the duty of a mum to provide 24/7 care for the child. Any quotes of law I can say?

Yes I’ve done the Ipsea letter provided it to the director but it just does not work months ago and it was the perfect letter.

So I’d be grateful if any one has any input.

echp child no school and CME now been off rolled for months coming up to a year.

thank you so much xxxx

Under section 436A of the Education Act 1996, the LA has a duty to make arrangements to establish children who are Children Missing Education.

Under section 19 of the Education Act 1996, the LA has a duty to ensure compulsory school-aged children receive a suitable full-time education. Provision for children without a school place should begin immediately. Provision for those unable to attend because of illness should be provided as soon as it becomes clear 15 days will be missed (these days don’t need to have already been missed or consecutive) and should begin by the sixth day absence.

If the IPSEA letter hasn’t worked, you need a pre-action letter. SOSSEN can help with this for free. However, there is a wait so you may want to look elsewhere. If the pre-action letter doesn’t work, judicial review proceedings themselves will work. You need to make it very clear you are not and never have been electively home educating.

Alongside the s19 duty, the LA is also responsible under section 42 of the Children and Families Act 2014 for anything detailed, specified and quantified in F of the EHCP. If there is anything detailed, specified and quantified that isn’t being provided and IPSEA’s model letter for failure to provide EHCP provision hasn’t worked, the same steps as in my last paragraph can be taken to enforce the provision. Although if the wording in F is vague and woolly, it is not enforceable.

When was the last annual review of the EHCP?

What setting, if any, is currently named in the EHCP? If there is a setting named, is it wholly independent and do you want DC to attend the setting named (since, based on your post, there is no legal basis for the school to have deleted DC from the register - as per The School Attendance (Pupil Registration) (England) Regulations 2024 (not its previous incarnation that was in force prior to August)?

There’s no explicit law saying parents aren’t responsible for DC 24/7. However, DC is entitled to a suitable, full-time education (s19 of the Education Act 1996), parents cannot be compelled to deliver or facilitate the provision in the EHCP (the LA is responsible s42 CFA 2014 and case law establishes this too) and you can request social care assessments (a carer’s assessment for you under Children and Families Act 2014 and an assessment of DC’s needs under section 17 of the Children Act 1989.