Taking child out of school

[TheArch]

Hello
We have an EHCP and are waiting on a new school place. We may have a school soon but these things can be chaotic.

My child isn’t safe at their current school. They barely attend and are on a heavily reduced timetable, barely an hour a day.
I had to leave work and they are deeply unhappy at school when there.

We have been advised not to leave school while waiting for a place - but it is making our childs life miserable - does anyone know why we should stay in a school?

We would be taking them out of school for safety reasons not because we don’t want them to be in school which I think is a different process to taking them out to homeschool them.

any advice would be helpful my area has no support for sen parents so we are just clueless

If you deregister and EHE, the LA has even less incentive to finalise naming your preferred placement. This is because many would continue to EHE if the LA drags it out &/or doesn’t name parental preference. If you deregister to EHE, the implications are the same whether you do it because you genuinely want to EHE or not. You relieve the LA of their duty. It is also easier for others to sweep DC’s needs under the carpet. Crudely, if you remain in the system, you are someone’s ‘problem’.

However, that doesn’t mean DC has to attend if they are unable to. Is alternative provision in place?

Where are you with the EHCP? Have you had a review? Is so, is the LA adhering to the timescales?

Thanks for your reply, that makes sense I assume EHE means home educate?

There is not AP in our area she can attend as it is all for kids with anger or confidence issues or SEN children with very low support needs etc not disabled children with high support needs. I can’t drive for medical reasons so we are limited to whats within 30min bus from where we live. Which is about 100 AP providers - none of whom can help us apparently.

The EHCP concluded the school cannot meet need and she needs to change school but we have waited 3 months to get a yes or no on the placement they found her. We were never given time scales and they refused to meet with us or the school to discuss anything.

Sendias were supposed to help but they told us they don’t have the manpower and we are on our own.

Sorry, EHE is elective home education.

Unfortunately, you have been misadvised about AP. AP can be suitable whatever a child’s needs. AP doesn’t have to be provided via a formal AP setting. If necessary, transport can be provided - LAs often say they don’t fund transport to AP, but they can. Formally request AP - IPSEA has a letter. If that doesn’t work, post back on MN for next steps.

With the EHCP, did you have a review? Is that when it was concluded the school cannot meet need and she needs to change school? If so, following the review, you should have received the right of appeal by now. I presume that hasn’t happened? Where have you got up to in the review process? Has the LA notified you if it proposes to amend or not yet? If they have informed you they propose to amend, did they send the proposed amendments?

If the LA are stating there is no AP settings available or suitable then they must arrange online/distant learning

Not necessarily. There are other possible ways the La can fulfil their duty other than online and distance learning even if there isn’t a suitable formal AP setting available.

If you withdraw, the LA doesn't have an incentive to find her a placement that is suitable. You can legally choose to home educate but you will likely lose out on support if you go down this route.

If you feel your child is not safe at their current school, I would first ask for an individual risk assessment to be done and take it from there.

It's also not legal for her to only be offered one hour a day of education indefinitely

You do not have to keep your child in school if the part time, time table is not working. Do not deregister because you are less likely to be offered the school place you want and there will be less help. It’s a long process to get a new school place. I had to pay for a gp letter for the current school explaining why my child could not attend. Also the current school do not have to supply work for your child, I had to do this myself. Contacts sendiass for your area they were really helpful.

Be careful with SENDIASS. Some are good but too many repeat the LA’s unlawful policies, including unlawful policies such as requiring parents to pay for a GP letter &/or it being the parent's responsibility to provide education.