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?

This, this, this.
When my son started school there was a child who behaved like this, he also attacked other pupils in the class. The disruption that one child caused had a massive effect, parents were complaining to the school and children were scared to go to school because of him. It was a massive relief when he left after a few months.

He turned 5 in February.

I haven't requested alternative provision, is that where they go to a place for children who've Ben excluded/at risk of exclusion? I did mention that at the last meeting but they said they only knew of one child who went there and it wasnt a nice place.

It is illegal if it is not being regularly reviewed and kept to a minimum period. Having SEN does not deprive a child of their right to full time education. Have a look at https://www.gov.uk/administrative-appeals-tribunal-decisions/f-t-v-the-governors-of-hampton-dene-primary-school-sen-2016-ukut-468-aac

I just don't know what to do with him, he got excluded from pre school at 2 and went to a forest school at 3 who would only take him for half a day.

He's just as bad as home, I have other children and he is terrible with them. I just feel lost with it all, when will it end 😭

If DS turned 5 in February, he is already compulsory school age.

Alternative provision isn’t one set place. It can be any provision that is suitable. Sometimes it is provided in a PRU. Sometimes it isn’t. It could be at home, at a tuition centre, at an AP like a care farm or forest school or... There are loads of options. The LA has a duty to ensure DS receives a suitable full-time education. If the PRU wouldn’t be suitable, and it is highly unlikely it would be from what you describe, something else must be provided to fulfil their duty.

It’s not illegal to have reduced timetable in these circumstances.

It is an unlawful informal exclusion. Part-time timetables should not be used to manage behaviour as per the statutory working together to improve attendance guidance and the statutory suspension and permanent exclusion guidance. OPs’ DS has a right to attend school full-time unless formally suspended or permanently excluded.

Well why wouldn’t they want to be hit and injured?

It won’t end. But with the right provision he should find a place to be settled. What you cannot and should not do is force him into a space that isn’t equipped to cope with him. That’s not fair on anyone.

Has he been referred to CAMHS, OP?

Hi sen parent and have dealt with sen cases. Yes pt timetables are illegal BUT at the minute is it benefiting your child until echp is in place? Has a formal risk assessment been carried out?

Does he have a one to one though? If not they probably don’t have the staff to look after him properly, they can’t take staff away from the other children. It sounds like they can’t keep him or the staff safe if he is ripping down cabinets and hurting teachers, it doesn’t sound like the place for him.

Is there any reason why you’ve only just started down the EHCP route as opposed to when he was in nursery/preschool?

From what you say he has the mental age of a two year old. This is controversial I know, but there is far too much emphasis being placed on children being educated in mainstream settings when it is blatantly obvious that they would be better off in specialist settings.

But unfortunately so much of the specialist education has been decimated that anyone wanting or needing a specialist school is having to fight tooth and nail for it.

I do understand your frustration but clearly your DS isn’t gaining anything from being in school ATM, maybe if he can get a 1-1 that might change, but with the mental age of a two year old he’s not benefitting from being in a reception class.

Your child is entitled to a full time education and his current school need to put everything in place to give him that opportunity - and if they are then unable to manage him then they need to work to get him somewhere more appropriate.

While he is only at mainstream school part time there is much less urgency in getting him the help he needs or to where he needs to be (if that isn't MS school).

I've seen pupils moved out of schools to more appropriate setting pretty quickly in both primary and secondary schools, but those kids were full time and causing major challenges. If he's part time and they're just about managing then he's much less likely to get the help he needs IMO - and much more likely to be left in part time limbo as that's the easiest and cheapest option.

If you're finding it impossible to speak to the teacher OP then speak to the Head. If everyone is avoiding you then look at the schools complaints procedure and follow that.

It sounds like these problems aren’t new, they should have suggested applying for echp at nursery. School cannot put other kids or staff at risk so if he is managing mornings only with the resources currently available safely, then it is a case of sticking with it this year. Perhaps the answer is to request that he transitions to full time in September, a few more months of development might help him.

Well she can't go back in time and apply for an ehcp earlier, so the process is where it is now.

He is not entitled to a full-time education. He is entitled to an appropriate education, which suits his individual needs . It sounds like the part-time schedule is what he is able to cope with at the moment. I know that having a child with SEND can mean battling a lot, but that doesn't mean that every decision that is made is against him. You say that you think that he can cope with being in school all day, but your posts don't support that - he was excluded from nursery, Forest school could only manage half days, he's been excluded from school and his behaviour at home is also challenging. It really doesn't sound like he can manage full days atm, although that doesn't mean that he never will.

Ehcp was mentioned in the first school he went to but they said because he only attended half a day they might not be successful, it wasnt until near the end just before he started school I realised I could do it myself, then the school said they would do it but they would need two terms of evidence.

I know the school well and have other children there who are thriving, I get on well with the teachers so it makes it difficult to put my foot down about things, I like them and I think they are trying their best but it's just not the right place for him but he can't go anywhere else til the ehcp is done.

It's not the OP or her son's problem that the school doesn't currently have a 1 to 1 for her son if that is what he needs. The school's financial situation is not the OP or her son's fault or problem. The school need to give him the help he needs or support him moving somewhere else, they can't just say he has to go home because they don't want to have to fork out for a TA.

The reason he's not coping at school is because he isn't being supported properly right now and that is down to the school.

Are you not more concerned with his behaviour than whether the school have acted legally or not?
How are they supposed to manage that sort of behaviour on an ongoing basis?
He’s clearly unable to access full time education, whether he’s entitled to it or not.

But if they don't have the money or staff available then they don't have it. They can't put their staff or other children at risk.

Op is you like them and you think they are trying thier best, that's really positive.

If you can get the review meetings sorted, you will feel better as you might have more of a plan and understanding

Do you want him to go to school full time at the expense of not coping?

Incorrect. Every child is entitled to full time education by law.

I’m a sen parent.

In your position I would accept the part time timetable and spend the afternoon time with him, focusing on doing everything that you can to get him regulated ready for school the next day.

If he managed half days in a forest school then I’d try spending the afternoons active and in nature. See if that has a positive effect.

You need a diagnosis as quickly as possible, his behaviour is really extreme. You either need a specialist school placement (if the behaviour is asd / pda related) or medication if adhd related. Or possibly both.

I’d also recommend asking school whether he can remain on the part time timetable for next year, and ideally whether he can repeat reception year. That way he’s not missing schooling - he’s just progressing up a year behind his cohort.

The school was wrong to say it needed two terms of evidence, and it has needlessly delayed your child's assessment. All it has to show is that your child may have SEN and may need support through an EHCP. It sounds as if they had more than enough evidence from the nursery and his first few weeks in Reception.

He is not entitled to a full-time education, no child is.

Yes they are! As explicitly stated in the statutory working together to improve attendance guidance.

Section 19 of the Education Act 1996 places a duty on the LA to provide a suitable, full-time education to those CSA pupils who would not otherwise receive it.

The Admissions code also makes it clear DC are entitled to attend school full-time from the September following their 4th birthday, and that parents may choose to send their DC part-time until CSA (or not at all until CSA or the beginning of the summer term, whichever is later).