Part-time because of health and safety

[Stillfighting]

School had ds on part-time attendance for months. Made various excuses for why he couldn't be back full-time e.g he would be permanently excluded, not ready for it etc but we believe it was mainly due to financial reasons. They were supposed to supply any support that was necessary over the statemented hours but never did. He should have received 24 hours of lesson time to classify as full time but he didn't get this. Council have said that he was placed on reduced timetable as a 'temporary measure' to deal with challenging behaviour which went on longer then expected while school obtained a better understanding of his needs. LA and school keep saying that all along they acted in his best interests. LA state that keeping him part-time was a health and safety issue and that it was up to the HT to decide how long he was part-time for. We disagree and think LA should have ensured he received a ft education. They say that although he wasn't attending full time he still received an education and not a permanent exclusion . Feel that we keep getting fobbed off as LA are saying that as our complaint relates to decisions made by school we should take it up with the governors but all they will do is agree with HT. Anyone been in a similar situation? I know how certain things should have been dealt with but have been told that this is guidance only and not statutory requirements. Would appreciate any advice.

Is he part time now?

Gradually going back full time now which we agreed to as he had been off for so long. Sm hours increased following emergency review/complaint.

Right. Not sure hat you're asking for help with.

What are you currently unhappy about and what advice are you looking for?

The fact that he did not receive a full time education for most of the school year. Also, can HT's just decide to keep children with SEN off school if they want to and claim it to be for Health and Safety reasons? Surely if that was the case a lot of SN children would be absent from school?

A lot of SN needs kids ARE absent from school due to appalling provision at any given time, it makes a total mockery of all the "attendance nonsense" they love to shove down our throats if we as parents dare ask for a day off so a kid can have a holiday or attend a funeral etc.

Other than the Tribunal system, the DDA and the LGO (local government ombudsman) there doesn't appear to be any real accountability to the current system. Once a child turns 16, they can if they desire sue the pants of their LA with legal aid for having failed to educate them - trouble is very few kids with blighted life chances ever get around to doing so. Also for most 16 is a long way off from when the real damage is being done iykwim.

LGO did a report on this last year - its on their website and called Out of School Out of Mind.
LGO can only look at LA not school. So would decide if from time LA knew about the problems until FT being re-established there was an unreasonable delay.
LGO is free so worth a go, if only to annoy the LA

Health and safety is not a valid reason for lengthy delay as far as I am aware. The health of the child is a valid reason eg if a child has chronic fatigue and cannot manage FT school - but not health and safety of others! PT is allowed where that is in the child's best interests not the schools best interests. H&S problems should be resolved either by extra resources / training or an acknowledgment the school can't meet need and a change of placement (to somewhere more specialist).

May be a long shot but was a human rights case - where a child claimed breach of human rights act - prevented a right to an education - the case was not successful on the facts of the case but the Judges speculated that on different facts that a long period without any steps to provide an effective education while out of school could possibly infringe the HRA. The Childrens Legal Centre brought the case so it may be worth speaking to them

If you read the case you will see this child was also withdrawn for H&S reasons but the Court has commented on how the plan was for an immediate assessment of need with a view to residential placement. In your case there was reduced placement but with no plan of action to eg re-establish FT, get further evidence, look at other placements etc.

However if the LA was not really aware until late in the day and its the school to blame your only recourse is to the Dept of Education

boc I know what you mean about mockery of the attendance nonsense. They illegally recorded his absences but when challenged said it was ' a genuine mistake' . Their website states how any absence can have a serious effect on a child's progress and having continuous education will give the child 'the best start in life'. Clearly this does not matter if your child has Special Needs.
Agnes the LA were aware of the part-time attendance from the start. We have only just got a dx so they say that time was needed to allow school and professionals to fully understand him and identify the provision required to access learning. Can I go straight to the LGO now or keep going back to LA? They are very good at ignoring certain things that they don't want to answer.I do believe that it was all done for the school's best interests and not ds's as he wanted to go back to school and this just added to his acute anxiety issues.

Have you been through the formal LA complaint procedure?
LGO have an advice line so you can ring and ask if the reply you have is sufficient.
They will sometimes take cases even if you have not been thru the formal process if the child is still not yet back in FT school
Ultimately the LA could have put him in a special school as an emergency placement or to do an assessment.
Education should not be dependent on a dx. Locally children over 7 with ASD cannot get a dx at all and everyone keeps telling parents who are waiting that this does not matter as their kids will get the right education anyway.
Unless you child's condition is something really unusual or obscure or requiring really specialised help I can't see this being a valid reason

I would contact LGO they will send you back to LA if they don't think your reply is a final reply

Thanks Agnes, I'll try that then. The LA have replied twice with the last letter saying that they know this is not what I want to hear .From 1st August all complaints about schools are to be directed to the school governors and not the LA which is why I think they told me to address the school.I have done this but school avoided answering the questions that I asked and I don 't think going to the gov's will make any difference.