Vexatious Policy

[SENDChaos]

I emailed my sons school on 22nd October raising a complaint of failing to safeguard my SEND son due to him being able to self harm (not life threatening) while sat in a class where all students were doing assessments and his desk in front of the class teacher.

this was the final straw for not only myself but the LA and they requested a Emergency EHCP Review to do a change of placement.

since then the academy hasn’t responded or acknowledged my complaint but have continued to send me letter demanding I attend meetings regarding my behaviour which I have declined.

During this time I have emailed to state I would be attending these meetings, a FOI request, request for his attendance record, copy of what support they believe they have put in place and a request to receive food vouchers to replace the free school lunches he isn’t receiving.

this week they refused to carry out the EHCP meeting because I needed it over zoom so I could attend.

suddenly I received a letter yesterday stating that I had never made a complaint, my behaviour is apparently unacceptable and I’m harassing the admin staff so I will be now treated under the Vexetious Policy!!

how do I fight this?

Does the LA know about this? If they think a change of placement is required, that needs to happen.

It was the LA who requested the emergency review to issue a change of placement!

Unfortunately, once you have been accused of malicious, vexatious &/or unreasonably persistent communications, the situation can escalate quickly. Be careful how you respond. This is not me blaming you, but it is why you need to be careful about sending multiple communications, especially when the relationship has already irrevocably broken down. It is a good reminder to remember any communication may be read out in court.

I have all the evidence I need to prove their claims wrong so they can take whatever legal action they want. Especially as they’ve just had an independent investigation for the exact behaviour and more to over 300 other pupils

It isn’t just about legal action.

If me requesting information which I am legally entitled to ask for while they’re refusing to hold the emergency EHCP meeting is the route they want to try then that’s fine. My fight now is having this policy lifted from me

As you were told on one of your other threads by another poster, you have to navigate the system in a certain way. You need to be tactical. Being careful how you respond once you have been branded vexatious is another one of those times you need to be tactical. Yes, you are angry, but you need to channel that anger in a way that is actually beneficial to you and moves the situation forward.

All my emails to them have had the learning trust and my social worker copied in and have advised me to send the emails. They also said to send them so we can show they haven’t been engaging with me

As I said, I wasn’t blaming you. I was speaking about acting tactically now there has been an accusation of vexatious communications. It is clear you don’t want to hear that though and just want to vent your anger on the thread, so I am going to step away from the thread now and leave you to it.

No, no, no! Sorry for how I’ve come across! I want to know how I move forward now they’ve put these restrictions on me while also refusing to accommodate this EHCP review. I never even wanted to be in contact with them, I did it by instruction from LA and social worker

I was asking if the LA know that you have this vexatious communication against you and wondering what they can do, since they wanted the EHCP review.

I’ve forwarded on the schools letter to both my EHCP coordinator and my social worker. Only had a call from my social worker who said he was going to contact the academy about it

Ask the LA to require them to arrange another Emergency Review immediately and to enable you to attend online if you still can't attend in person. Ask them anyway to start consulting the school you would like your child to move to.