Is this an illegal/informal exclusion?

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My son is in reception and has been put on a reduced timetable (9-12) since the second half of the spring term, following an exclusion of 4 days. The head basically said to me that unless he went on a reduced timetable the risk of him being permanently excluded is higher.

My son has a learning delay and they said developmentally he's around 2 in some areas, they also say he probably has ADHD and PDA is something that has been mentioned recently.

Ehcp has just been sent off for and appointment at the doctor's is booked so we can go down the right to choose pathway.

I assumed the reduced timetable would be temporary but the school have not contacted me to increase his hours and the last couple of weeks I've been trying to get a meeting sorted they keep coming up with excuses and saying they'll get back to me.

Im aware my son is a handful but he is entitled to a full time education. Has anyone else been through this and what happened?

The thing is he does like school. He gets excited to go, sometimes messes about going in but in general wants to go.

My gut feeling is he is fine being there all day but they can't cope with him. He's too hyper, he needs one on one else he ends up being destructive. I feel like they're doing it for their benefit and not his.

This is so significant . I think it’s very unreasonable to think this is even a bit ok and the school seem to have been generous in letting him return at all tbh. It doesn’t sound like he can cope AT ALL and it sounds very much like you have minimised this behaviour. This isn’t having a bad day, this is being out of control and putting others at significant risk.

There is a right to choose unless and until the child has been the subject of two permanent exclusions. If your area is doing something different then it is acting illegally.

Even when that education professional is breaking the law?

You have had good advice already. I just wanted to add that you don't need a diagnosis to get an EHCP. Alongside (not instead of) talking to the school about the day to day, you could kick off an EHCNA request.

.If they can't handle him full time they are clearly admitting they are not able to meet his needs. IPSEA website and sample letters are good on this. Put as much info in the application as you can - some LA web forms almost encourage you to keep it light and then turn you down as not having given enough evidence.

There is extra "emergency" funding schools can apply to LA for to support children whose needs aren't bit being met but who don't yet have EHCP in place. This could help pay for, for example, a one to one at least part time. I wouldn't be going into battle to get get him in full time but I would be wanting to understand what they are doing with him when he is in school, how he is in school at those times and why they can't do that with him the rest of the day. Sometimes a part time timetable is in a child's interests, sometimes it's just easiest and cheapest for them and it just postpones finding a solution.

Sounds like he needs a 1-2-1 but they won’t get funding for this yet. Speak to them about when he will be full time. When my friend’s non verbal autistic DD started school they had her on a reduced timetable until the March. Friend had to go off sick from work as at first it was 8.45-10, and gradually increased. Seemed crazy as she had been doing 8-6pm at nursery but they didn’t have enough 1-2-1 staff to cope.

Poor teacher.
They may not have the staff to provide a one-to-one.

It is not the right school for him so I would stop wasting time trying to get his hours increased and spend it fighting for a place in a more appropriate environment where you son can cope better

What law, not just what you hear in media please provide details where a child injuring a teacher means the child can cope with 5 days a week?

Yes sounds like the school are acting for their benefit, and presumably the benefit of the staff he attacked and the other 29 children in the class.

It’s correct to say that any reduced timetable should be tightly time controlled and with very clear strategies to reduce the number of incidents that lead to the type of behaviour OP has described.

What support has the school put in place?
What triggers have been noted for the challenging behaviour?
How long has this behaviour been happening?

He’s entitled to a full time education, but it has to be adapted to meet his learning and behaviour needs and to enable him to progress. An EHCNA will hopefully point towards the best type of setting for him and the support he needs.

What was the reason for the 4 day exclusion?

Don’t look at the exclusion as anything more than evidence that his needs are not being met.

You have a hard road ahead. Buckle up and do as much reading and training (IPSEA, SOSSEN) as possible and start looking NOW at more suitable settings. This one won’t come good.

It's not to his benefit to trash a school or hurt the teaching staff. Might be worth looking at non mainstream, that might suit his needs better.
If he is coping with the three hours he has, could you maybe suggest he goes after lunch say, to see how he copes with that.

You might have already looked at this weblink but lots of helpful info:
www.ipsea.org.uk

It is an unlawful informal exclusion. As some previous posters have posted, a part-time timetable should not be used to manage behaviour. The statutory working together to improve attendance guidance is explicitly clear about that. Even when part-time timetables are used they should be reviewed regularly, in place for the shortest time possible and expectation is they will then move to attending full-time or alternative provision made as well part time school or instead of attending school.

If you want DS to attend full-time, he can, unless the school is formally suspending him or permanently excludes him. Don’t worry if they do suspend. A formal suspension instead of an unlawful, informal exclusion will a) provide you with evidence of unmet needs to support you pursuing an EHCP, b) force the school to follow due process, c) limit the number of days the school can suspend for, d) allow you to challenge any suspension, and e) ensure DS receives alternative education for longer suspensions if he is already compulsory school age (is he already 5 and if so when did he turn 5?)

If instead you don’t think DS is able to cope with attending full time, if he is compulsory school age, have you requested alternative provision from the LA? IPSEA has a model letter you can use.

@Ablondiebutagoody

But OP you have to ask yourself why he becomes destructive - it's a sign he's not coping, that there are too many demands on him that he can't handle.

Tbh you sound like you a minimising things - you describe him as a 'bit of handful' then describe a very destructive situation where he's literally pulled furniture off the wall and attacked a teacher. That is way way beyond a 'bit of a handful'. Imagine if another child had been sat by that wall unit and had it pulled down on top of them?

Yes your child has a right to an education but surely not at the expense of the safety of those around him?

It sounds like they've reduced his timetable to try and ensure he's only in school for the part of the day he's happy and coping, then goes home at the point it becomes too much.

That is quite the afternoon. I imagine that even if the school could spare a TA, they are not willing to do it. I wouldn't

The OP has explained that up thread.

He had a ‘bad day’, and attacked a teacher.

The OP states that the EHCP has been applied for. My guess would be that the school can’t meet need and a special school placement will be required. It’s not illegal to have reduced timetable in these circumstances.

The Education Act 1996 and the Equality Act 2010. Statutory guidance is also quoted upthread.

He won't get into a specialist school unless and until he has an EHCP.

That isn't good enough when it mean he is missing out on vital education and falling behind - which will only make it more difficult for him to cope. If he isn't coping, they should be looking at putting more support in place so that he can cope, and applying for an EHC needs assessment.

The first accurate advice here so far! 👏🏼