School not supporting autistic child

[Hannahbanana27]

Hi Mumsnetter's!

Asking on behalf of a friend I've been supporting a lot recently who's 4 yo has undiagnosed autism, is non-verbal and struggles with behaviour. Specifically pulling other kids hair, scratching, biting. Very difficult to discipline and explain to him why he shouldn't do this despite persistent attempts!

Anyway school have suspended him 3x now despite promising to increase his hours (at the end of autumn term they reduced him to 1h a day!) He is finding the change of routine confusing and not getting any education/socialisation despite the school being paid £12k a year to look after him! I understand he can be difficult to control (and unfair for other kids) but he is in a class of 8 children with 3 members of staff and still they keep removing him and taking him to the office.

Mum wants to complain about the school but the only option seems to be to complain to the school, or go to the MP which is far from guaranteed success. Also I feel there is a degree of discrimination, English isn't Mum's first language and although she has good understanding school can be very condescending. When I have been along to support her for meetings they speak mostly to me about her. We both feel the whole situation is very unfair and also these behaviours happen far more at school than other environments (sometimes they do but he can also interact well with other kids).

Any suggestions on what to do? He is awaiting EHCP after which we can look into special schools. Also thinking of changing schools this academic year or asking if he could be excluded because at this point doesn't seem like such a bad option! At present Mum is having to take a lot of time out of college which could really affect her chances of getting into uni next year!!! Would really benefit from any support/advice - based in Birmingham for the record!

What week of the EHCP process are they on? Is the LA sticking to the statutory timescales?

Unless the school is formally suspending DS, the 1 hour a day is an unlawful informal exclusion. If your friend wants her DS to attend school full time (or part time but more than 1hr a day), he can unless the school formally suspends. The school cannot lawfully refuse to have him unless they are formally suspending DS.

A formal suspension instead of an unlawful, informal exclusion will a) provide your friend with evidence of unmet needs to support her pursuing additional support, b) force the school to follow due process, c) limit the number of days the school can suspend for, d) allow your friend to challenge any exclusion, and e) once DS is compulsory school age, ensure he receives alternative education for longer suspensions.

When is your friend’s DS 5?

What support and reasonable adjustments are the school currently providing?

Has DS been referred for an autism assessment?

@BrightYellowTrain thanks for your message, very helpful! EHCP is due to be submitted next week so we'll see what happens then. DS is due to be 5 in August so won't be statutory school age until year 1.

As for reasonable adjustments they have him in the SEN class as mentioned. I think Mum gets some updates on what the school do with him in class but I don't really know what that is. They don't seem to have been trying to teach him different communication methods e.g. Makaton as I might have hoped. Sometimes he comes home from school very hungry which can explain his frustration.

Can I ask where you got the information from about school not lawfully being allowed to reduce his hours or where I can find evidence to show them this? As I seem to remember them saying it's permitted if he's below statutory school age.

I think he has an appointment for autism assessment coming up soon...he's had a few with the paediatrician though in which Mum's been hoping for a diagnosis but hasn't been given one.

EHCP is due to be submitted next week

Do you mean an EHCNA hasn’t yet been requested? If that’s the case, it needs doing ASAP. On IPSEA’s (a charity) website, there is a model letter the parent can use to do this.

The school should be making their best endeavours to meet DS’s SEN and they must make reasonable adjustments. With that in mind, another meeting with the SENCO would be helpful to understand what support the school is actually providing and what more they could do.

2.17 of the School Admissions Code which you can see here states:

“Admission authorities must provide for the admission of all children in the September following their fourth birthday. The authority must make it clear in their arrangements that where they have offered a child a place at a school:
a) that child is entitled to a full-time place in the September following their fourth birthday;
b) the child’s parents can defer the date their child is admitted to the school until later in the school year but not beyond the point at which they reach compulsory school age and not beyond the beginning of the final term of the school year for which it was made; and
c) where the parents wish, children may attend part-time until later in the school year but not beyond the point at which they reach compulsory school age.”

So, whilst the mother can choose to send DS part time or not at all, it is her decision, not the schools unless they are formally suspending DS.

You may also find the statutory school suspension and exclusion guidance helpful here. Most of it applies to those below compulsory school aged. Where it doesn’t it explicitly says so as stated on page 6.

Some bits you particularly might find helpful are:
“19. Suspending a pupil for a short period of time, such as half a day, is permissible but the formal suspension process must still be followed. Each disciplinary suspension and permanent exclusion must be confirmed to the parents in writing with notice of the reasons for the suspension or permanent exclusion.” Which backs up the ‘Unless the school is formally suspending DS, the 1 hour a day is an unlawful informal exclusion’ I wrote in my previous post.

Also of interest may be:
“20. Any exclusion of a pupil, even for short periods, must be formally recorded. It would also be unlawful to exclude a pupil simply because they have SEN or a disability that the school feels it is unable to meet…An informal or unofficial exclusion, such as sending a pupil home ‘to cool off’, is unlawful when it does not follow the formal school exclusion process and regardless of whether it occurs with the agreement of parents.”

And
“30. A part-time timetable should not be used to manage a pupil’s behaviour”