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?

Just a word about permanent exclusion - it isn’t a terrible thing and if anything it forces the hand of the LA to put other measures in place, because they still have a statutory duty to provide an appropriate full time education.

Whilst a part time timetable may seem like a working plan for the time being, it may actually prolong the agony, as it were.

Plus if your LA start being dicks and start arguing he could manage in mainstream, his permanent exclusion from this one is more power to your elbow to demonstrate that’s not the case.

On one occasion he became hyper and destructive. That does not equate to a statement that it happened every day, or that it would happen now if the school began gradually increasing his time in school with the right support in place. The law is very clear that they need to keep these things under review in order to facilitate a return to full time education, and they simply are not doing that.

As has been pointed out a number of times, most LAs have high needs funding under which schools can apply for extra interim funding in situations like this without an EHCP needing to be in place. They don't want children like OP's to be permanently excluded as that would place all the responsibility onto them.

@Mrsttcno1 to be honest this badgering about pay is really tedious.

But to answer your question in a general sense, maybe you don’t realise the people who care for your grandparents if they need it, the people who serve the children’s lunch and supervise at midday, the people who pack up your food in the factories and the warehouses, are all subject to minimum wage, which isn’t as low as it was but is still an issue with the current cost of living. And I’ve been campaigning against it since 2003, which is why it’s somewhat irritating having someone triumphantly declare that TAs are paid £6000 a year. They most certainly are not.

The school is not above the law. Many schools struggle to recruit teachers: would you accept your child being home schooled for a year because they can’t find a teacher? That’s a rhetorical question; I don’t need or want an answer. Because if you wouldn’t you’re a hypocrite and if you would you’re a fool.

It kind of is if they allow things to escalate to that point. If this school really felt OP's child was a constant danger to other pupils, he would not be allowed in in the mornings. There is so much guidance in place about what they should be doing to support children with SEND, and funding available for the purpose.

He’s had issues in every setting since the age of 2.
It’s quite clear that this is more than a one off event.

SEN does that, yes.

You implied that he was becoming hyper and destructive all the time. If that was the case, the school would have excluded him before the incident in question, and would not be allowing him back in now.

If anything, the past history confirms that the school should have applied for a needs assessment almost from Day 1.

Are you seriously trying to blame the staff for what happened??
Nobody expects a 5 year old child to run amok and rip shelves from walls, you’re being totally ridiculous to suggest that the school have failed to provide a safe environment.
You could say that this child’s behaviour reduces the safety of the rest of the other children in the class. They matter too.

I was just repeating what OP said about her own child!

Yes, I wonder why @Nominative feels she knows better?
Quite peculiar.

I’ve literally never once said TA’s are paid £6000 a year. Please learn to read before you post back, thanks xxx

My guess is that they have a member of staff available in the morning but not yet in the afternoon. The exclusion only happened a month or so ago and it will take time to access the funding and then recruit somebody.

Okay, I stand corrected.

Whilst his behaviour might seem adhd its likely the asd too. As things like not understanding hierarchy.

If at 5 he is having to be conained at night for safety, a mainstream school doesnt sound safe for him as he wouod do things if out of sight. If no current 1-2-1 how are they managing him going to the bathrooom /eating etc

It seems relatively clear he might do better in a sen school. So hopefully you pushing for the ehcp will move that along.
What isnt clear is why the school havent pushed for ehcp themselves.
I think the nature of ehcp costing schools money in terms of support and 1-2-1 means they arent likely to do one themself.
But even if a parent asks - will my child get a ehcp? are they often lying when they say 'no'?
Its a conflict of interest and also schools dont want to do the paperwork.

Sorry if I’ve missed something; I’m wrangling a toddler.

Forgive me but you were repeatedly asking me if I’d work for £6000 a year. I’m unsure of the relevance but I probably have missed something. You’re being extremely rude, by the way.

Schools are underfunded, but 6k per child on SEN register does not = each child on SEN register gets 6k spent on them. Some kids might need, say, a fortnightly hour of ELSA time or small group maths teaching costing a lot less than 6k.

OP - as others have said you will get better advice on the SEN boards. In the meantime - get school to say why they can't cope in writing. Not fun, but you need the evidence. And google 'local offer' plus your area. From there see what schools might work for him - from what you have said it sounds like SEMH ones might be the best fit.

Good post @SalmonWellington but <whispers> we are on the SEN board. A lot of posters do want to stick the boot in, though.

I don’t think with younger children OP could manage with him there all day all week.

from her updates, school may be some sort of respite. She does need a much more equipped setting for him, this school isn’t the right place.

@clocktick hadn't realised the post had moved! Eek

He sounds similar to my son.

DS was suspended several times in reception and was on the brink of formal exclusion. They wanted to go to a part time timetable but I refused to agree as I would have lost my job and consequently my home.

Fortunately at this crisis point he finally received his ADHD diagnosis and was medicated…. and we’ve not had an incident in school since! He’s like a different child now his impulse control is more manageable.

He is in a nurture hub with high levels of staffing, gradually reintegrating into the main class. EHCP is at panel today (it’s taken over a year despite official complaints etc!) but school have been amazing at supporting his needs.

He now has an ASC diagnosis too, we’re getting DLA which I use to help pay for childcare after school, and we have a blue badge too. Finally we’re actually seeing progress! And school now feel they can meet need whereas before it wasn’t possible and we were looking at special schools.

Keep going, and keep pushing for assessments and support.

£6000 is about £30 a per term time day! With employment t 'on costs' that is going to be a out an hour a day

And? None of it justifies the school in breaking the law.

You can't have it both ways - imply that the kid has been a dangerous menace all the time he has been in school, then say that this event was unpredictable. The simple fact is that any school SENCO with any experience knows that children who are not neurotypical and who are clearly struggling in school may become overwhelmed and dysregulated and may have meltdowns. They also learn to (and train staff to) identify triggers and aim to look out for them and try to de-escalate before events get serious. If they are really struggling, they should be seeking further support from an early stage, including seeking advice from an educational psychologist/ELSA/behavioural expert, and referring the child for an EHC needs assessment. They should also consider applying for further funding so they can give the child adequate support to keep him and others safe and to enable the child to make progress.

We have here a school that didn't even begin the EHCNA process till the child had been in school for well over two terms, and which does not appear to have done anything about seeking further advice or funding. All of this despite a lot of very clear government guidance. Instead it has chosen to break the law. Do you think they might bear the teeniest amount of responsibility?

What OP said about what happens at home does not have anything to do with what happens in school.