ADHD teen suspension, school have lied and now admitted it next steps please

[Helpwithschoolpls]

ADHD son. In the classroom next to a friend he grabbed the back of his knee sat down. Like a play fight between them. Teacher has thought this was a serious altercation. Shouted, to which my child has sworn. The call from the school was, he attacked another child, forced him to the ground and hurt him therefore he is suspended. Unbeknown to the school they are friends. Boy calls us and on speaker explains the scenario, advises was hardly touched, they were messing, he never went on the ground and the teacher screamed in my childs face so he reacted. School had not spoken to him.

I wrote to school and stated I wanted cctv reviewed and a statement taken from the alleged victim. I spoke to the head of year who has since done both. Called me to confirmed, he could understand from the initial review that the teacher could of been concerned but saw there wasn’t much contact and he didn’t go in the ground. Also confirmed he had spoken to the child who advised it was minimal contact, his words ‘barely touched’ and that he certainly wasn’t hurt. On my child's record we have fighting/physical assault and the suspension letter states aggression to peer and verbal abuse, he did tell the teacher to F off after being shouting at. I have asked the school to remove the physical aspect from my childs record and redo the suspension letter or review. The head of year is speaking to the headteacher on Monday.

The suspension was 1.5 days but takes him over the 15 days so I want to complain and represent to the governors. Clearly no checks were done, i appreciate the teacher is the adult here hut surely they should investigate, especially when there is cctv. I’m gutted as it’s really knocked my trust. If this boy wasn’t a friend we wouldn’t of been able to push as hard as I did say I would get the statement myself if they didn’t (with parental consent) and the head if year is a decent person so I knew I could appeal to him. I’m also worried as my child was once in a similar but not play fighting suspension that they have just decided he is guilty and discriminated. But I don’t know if to use that in my letter however how on earth can they decide he has done something he hasn’t, not investigate and lie! I’m pretty exhausted with it all to be honest and the boys also know they have lied which is rubbish. Can anyone help with advice?

The ADHD aspect as he can struggle to regulate emotions does make me feel he has a reputation or something. I just cannot understand how they have reached this far in this incident

The school shouldn’t have lied. However, they may not amend the reasons for suspension because many schools treated playfighting the same as fighting.

If you haven’t already, read the statutory suspension and exclusion guidance. You might find some of the guides and templates on here helpful - lots aimed at permanent exclusion, but some of it will still help with making representations following suspension.

If DS has been suspended for more than 15 days this term already, what support is being provided? Does he have an EHCP?

Ok, when I say play fighting he literally felt the back of the boys knee where it tickles but I take your point. We’re in the ehcp process, he has a eha and diagnosis. I do think they have misinterpreted the situation then embellished it. He’s over 15 for the year, this was 1.5 days.

You have the right to make representations and they must be considered, but the governors only have to meet if the number of days suspended in a term is more than 15 days or 5-15 and you request a meeting or examinations will be missed. From you saying, ‘taking him over the 15 days’ I assumed this is the 15 days you were talking about. If not that, what 15 days are you meaning?

Where are you in the EHCP process?

I’m just completing the document to advise of his additional needs and document support. He is on the sen register, has a eha and pupil passport

Has an EHCNA request actually been submitted to the LA yet? If not, do that ASAP. You can use the model letter on IPSEA’s website. If a request has already been submitted, how many weeks ago?

Yes we were on 16 days so this is 17.5 now but I don’t think that means I can go to the meeting, not sure. I’m going to write a representation to the governors and complaint in regard to the suspension. The guidance says a headteacher should take a pupils account into consideration, they didn’t do any checks at all when the room was covered by cctv. Essentially the teacher has lied of staff who initially called us.

No submission, doing it with a charity next week. I had met a governor coincidentally arrange by school yesterday morning to advise of u met needs which was agreed and they are using it as a case study. I hadn’t had a conclusion on this so didn’t mention. Regardless of no ehcp he has needs they have now acknowledged

Those links for the website were helpful, thank you

You should read the statutory suspension and exclusion guidance to understand the process. You have the right to make representations and they must be considered, but the governors only have to meet if the number of days suspended in a term (not a year) is more than 15 days or 5-15 and you request a meeting or examinations will be missed. If a meeting is held, you can attend.

Request an EHCNA ASAP. You don’t need to use the LA’s document to do this. IPSEA’s letter will suffice. You could mention the lack of EHCNA request whilst making representations regarding the suspension.

Thank you, I appreciate the help. I do find the 15 day rule confusing but I will write the letter representing and discuss with the head of year about next steps