Worried about low attendance percentage (<85%) - advice about legality of the situation?

[SilenceInside]

My DS9 is in a mainstream primary school in England in Year 5. He has an EHCP and an autism diagnosis, and has pretty much 1:1 TA support in school, as well as various other adjustments. He is a bright child, but very resistant to doing tasks that he is not interested in, which includes school work in general. That's the general background to my specific issue which is to do with attendance.

At the moment, he doesn't attend school for two mornings a week. One morning he attends an alternative provision, which he attends every week. The other morning, I was essentially told by the school that he has to stay at home with me. This is because his class do a weekly activity off-site that he just cannot manage to participate in. The coach trip there and back was too much, and the activity itself is totally unsuitable for him and no adjustments are possible. The activity is run by non-school staff and they are not able to make enough adjustments to allow him to participate.

I went through a period of weeks where I accompanied him to the activity, but I could not get him to participate either and the whole thing was making him very distressed and affecting his whole week at school. He was beginning to refuse school altogether. I agreed to him staying at home with me because the school informed me that he could not stay at school whilst his class went to the activity, because they didn't have the staff to supervise him, which I agree that they don't. The TA that is normally his 1:1 goes with the class to the activity, so she is not around at school.

So, we've had nearly a full term of this arrangement, and I have recently been told that his attendance on the school system is being recorded as 83%. He has not refused school this term, and he has had one day off with illness that he went to the GP for and got medication. I am now very concerned that there will be some further issue from this low attendance, when in actuality he is attending every session that he is being asked to attend. Does anyone know whether that level of attendance will automatically trigger some next steps from the LA?

It also occurred to me, probably a bit late in the day, that the morning at home with me is an informal exclusion or an informal part time timetable and probably not allowed long term? Does anyone know the legalities of this?

The school is then using the wrong codes.

A list is here
<a class="break-all" href="//file:///Users/carolewharrier/Downloads/Quick%20Guide%20-%20Attendance%20Codes.pdf" rel="nofollow" target="_blank">Users/carolewharrier/Downloads/Quick%20Guide%20-%20Attendance%20Codes.pdf

They should be using code B and code Q

Thanks @jetlag92 I have contacted the school to ask them what codes they are recording the absences as, so hopefully I can find that out and get it amended. I can't get the link to work, btw.

Having read the description for code Q, it doesn't seem like it covers the situation as the examples for using Q all seem to be about the LA not providing transport or issues with physical access to a site.

Is the AP arranged by the school/LA? Or are you informally arranging it? If the former and it is an unregistered AP, it should be coded as B. For statistics, B is an approved educational activity other than at school. If the latter, it will depend on how the school judges the AP. If the AP is registered as a school (many aren’t but some are) it should be treated as a dual placement and code D used.

You need an early review of the EHCP ASAP.

The other morning, I was essentially told by the school that he has to stay at home with me…the school informed me that he could not stay at school whilst his class went to the activity

This is an unlawful, informal exclusion. The school should not be saying that. However, code C2 can be used for a part-time timetable. This is an absence code but an authorised absence code. Even authorised absences are absence codes. Authorised absences will not lead to fines/prosecution. Unauthorised absences have the potential to.

The TA that is normally his 1:1 goes with the class to the activity, so she is not around at school.

Is 1:1 detailed, specified and quantified in F of the EHCP?

I would speak to the school and LA, but as long as the AP absence is being coded correctly, I wouldn’t worry about that. I would be strongly challenging the informal exclusion - this is important in order to provide evidence DS needs additional provision.

The AP was arranged by the school so I am hopeful that it’s being recorded as the correct code, or that the school will correct it if not.

The 1:1 is in his EHCP in section F, although there is a comment that over time they hope to reduce the need for the 1:1, although that hasn’t been possible so far.

The part time timetable I agreed to because I felt I had no choice, in the face of the school clearly telling me they could not have him in school. I am immensely frustrated by that, but it was only supposed to be temporary initially with the aim of integrating him back into the activity in some way, facilitated by me supporting him. But it looks like it will be until the end of this academic year.

If the school arranged the AP, they should be coding it as B.

If 1:1 is detailed, specified and quantified in F, it must be provided. Whether it is enforceable will depend on the exact wording. If it is detailed, specified and quantified, the school should not be using the 1:1 in order to meet the wider ratio during class activities off-site. The provision is not optional. Not providing the provision in F leaves them and the LA open to legal action. The La is ultimately responsible for ensuring F is provided, so speak to them.

Just because you agreed to it doesn’t mean it isn’t an unlawful, informal exclusion. You can inform the school DS will be attending school during that time and the school must make arrangements for that unless they are formally suspending.

We’re in a similar position, Year 6 in mainstream. Academically flying everything else not, currently manages 3 hours a day in morning and I think about 52% attendance. I know the HT had to speak to the LA attendance officer to get the right code to use and that we could get something sorted for the afternoon but at this point in Year 6 we feel it’s not worth it. DC has a full time 1:1 and EHCP and will move to specialist in Year 7, the attendance or lack of it was very useful for us arguing the need to special school with LA. A glimmer of hope for the future maybe.

@BeLimeShaker if DS is starting SS in September, I would push to for the time DS isn’t attending primary to be used for transition. Is there anything in F about transition? Even if not, I would still push for that time to be used. It isn’t too early.