Is it worth a complaint to school ? Sorry, long.

[ILovePeggySue]

Daughter, age 11 in Year 6. Has struggled with school since Year 5. Gradual decline in attendance until beginning of Year 6 and now total school 'refusal' or EBSA. Main issues are anxiety, sensory problems and what I think is autistic burnout. Waiting for autism assessment, waiting for CAMHs appointment. Council have refused an EHCP which we are in the middle of appealing.

Asked for Ed psych. assessment from school. Senco said they didn't do them anymore. Checked school policy and this contradicted what she said. Pointed this out and they said they had to ask the CEO for clarification and would get back to us. Taking too long so we chased the CEO ourselves. Letter back saying she must consistently attend and then they might consider a referral. She is unable to attend due to her mental ill health. We have now had to pay for our own appointment.

Got GP to write to school how she was struggling to try and authorise her absences. School and council working together want to challenge this and ask how the doctor reached his diagnosis and what his plan was to get her back to school. I said they could write to the doctor but was unhappy that they were more concerned with attendance than her mental ill health and anxiety.

Have been asking senco to do the new neuroprofiling tool. Asked in January this year. She said originally it wasn't worth doing. Then when i persisted she said to try other professionals as it might be quicker. They all signposted me back to school and first available appointment not till 31st March. She was sick on the day, apologised and simply sent me the form to fill in. Arranged another meeting for 2 weeks after Easter. So another delay of 1 month. Turns out that once this form is completed and a plan formulated there is a monitoring period of 12 weeks. She doesn't have that long left at the school! Summer term only 9 and a half weeks. And if all I had to do was fill in the stupid form, she could have sent it to me months ago.

We have put in SARs request which should come back in 2 weeks.

Feel very fobbed off. They have delayed, ignored emails, put extra conditions on their school policy's and come up with unworkable re-engagement plans. So should we complain? If so about what and what resolution would we want?

No-one at the school is taking her issues seriously. My daughter is unable to leave the house, rarely comes out of her room, can not engage with her family and is completely shut down. She is a flight risk and we have to keep doors locked and check on her at night as she has previously left the house at night. She is a shell of her former happy and bubbly self but all that seems to matter to the school is that we get her attendance up. So angry and worn out.

Any ideas or help very much appreciated. Sorry so long.

Worried in Cornwall

Unfortunately, because of the current pressure on EP time, an EP assessment via the school or LA outwith the EHCP process is unlikely. If you need an independent EP assessment for SENDIST btu can’t afford it and you aren’t eligible for legal aid (which can fund assessments), contact Parents in Need. They can help fund assessments. Was it a refusal to assess or refusal to issue?

If DD is absent due to ill health the absences must be authorised. And I would challenge this. Write to the school reminding them the Regulations (School Attendance (Pupil Registration) (England) Regulations 2024) make it clear where a pupil is absent because they are unable to attend due to sickness the absence must be regarded as authorised. DfE’s statutory attendance guidance also states absence due to illness (physical and mental) must be coded as I. And that evidence should only be requested when there is genuine and reasonable doubt about the authenticity of the absence. And the school should have had a sickness return.

If DD is unable to attend school, the LA has a responsibility to ensure she still receives a suitable full-time education under s19 of the Education Act 1996. This should begin as soon as it becomes clear 15 days will be missed. The days don’t need to have already been missed or consecutive, and provision should begin by the sixth day of absence. Is this in place? If not IPSEA has a model letter you can use. If the LA refuse, delay or ignore you, post back on MN for the next steps.

The school must make their best endeavours to meet DD’s SEN. You should remind them of that. If the SENCO is ignoring you, have you spoken to the head? I wouldn’t get too focused on the ND profiling tool. Although I would still push the school to be involved in that, you can use it as evidence for SENDIST.

Have you spoken to the secondary school’s SENCO?

For safety in the home, has DD had an OT assessment?

Thank you for answering. It was a refusal to assess from the council.

I have sent emails to the head stating that they should only ask for proof if they have doubts and quoted all the government guidelines. They just ignore or ask for doctors notes. I supplied a doctors letter which they are querying.

I will try the IPSEA letter but I think they will say it doesn’t count as she is being registered as unauthorised absence. The senco only works 1 day a week on senco duties and so is difficult to get a meeting. The head receives most of the emails I send but mostly ignores.

I want to complain but not sure about what to be honest. It just seems like they are delaying as she will not be their problem after the summer term.

Not contacted the next schools senco. I will give that a go also.

Thank you.

Definitely speak to the secondary SENCO.

Complain about the unauthorised absences. If the HT ignores your complaint, complain to the governors. You could, in theory, threaten JR if that is a route you want to go down.

The LA should not refuse s19 provision just because the school is refusing to authorise absences. If they do, post back here for advice on the next steps.

For a refusal to assess, you may not need an independent EP assessment. You may have or can get enough evidence already. Have you requested an expedited appeal?

I haven't Striving, that is a good point as daughter is in a transition phase. I will also look into that. I will look at the template for educational provision and send off to council. All I seem to do is chase people and be directed backward and forward. It will be interesting to see if the SARs brings out any useful information. Not looking forward to Tuesday, when L due back at school. Thank you again. I will let you know what happens.

Request an expedited hearing on the basis DD is out of education. That is more persuasive for refusals to assess. Although still isn’t guaranteed.