DS in Y7 is without a school

[FairyBlue77]

Hello all, I am after some advice of how to get my child into a school. After a year of repeated serious bullying, I took my son out of school. I shall not bore you with the details, but incidents involved suspected concussion twice, kicked in teeth, thrown on the school gates, dragged through puddles, forced to swallow a tablet, mugged on his way to school and most recently had his nose fractured (which required a corrective surgery under GA in UCH). The tablet and nose incident were reported to the police by myself as the school would not do it. The latest incident was also reported to the Public Protection Desk, who will liase with Educational Welfare and Social Services. I am not willing to send him back!
Now Educational Welfare Officer told me she would not be sending any letters but I should get something sorted asap. Hmmmm. Head of SEN (who has a different post name these days) is not responding to my calls. I spoke to her earlier, after the tablet incident, when I said that I was going to take him out and she promised to put another school through the SEN panel but I have not heard from her. Herself and the new school have said that since they are full, he will have to go on a waiting list (really???). All other schools I called are also full.
What do I do?
And how do I get his statement amended? Because apart from the bullying, there was rubbish (no) support as well and I refused to sign his statement in January and nothing happened since.
And finally, who do I complain to about the school? The things that happened are slightly sci-fi, but unfortunately true. Head of governors never responded to my complaints for example...
Sorry this is so long.
Oh and they have a glowing Ofsted report on their dealing with bullying and are supposedly the best state school to be had around here!

www.redballoonlearner.co.uk/

They'll bill the school for his tuition as well, so more incentive for the powers that be to look for a longer term solution.

Have you deregistered from the school or is your son still on the school roll? If you have deregistered , the responsibility to educate him is yours and the LA may or may not help.

If he is on the school roll but out of school, what is the attendance code they are using for his absence? The LA has a duty to educate him and this can be enforced by law and it will vary depending on the situation. The LGO has produced a useful guide here

You would be well advised to talk to a lawyer. Some like Irwin Mitchell or Maxwell Gillott will give you a free initial chat and you maybe able to get legal aid in your child's name for a failing to educate challenge,

Thank you for your responses, I have not come across either of those.
I have not deregistered him from his school. The Educational Welfare Officer that sits in that school first wanted to hold a meeting but then changed her mind when I sent her the correspondence between ourselves and the school. She called me and said that I will not be receiving any letters from her for not sending my son to school and I should liase with the Council's SEN Department to find him alternative means of education.
I am now thinking I want that in writing and I will also find out the code they are using for his absence.
I also asked the Head to provide me with their accounts of all the incidents involving my son but she has not responded.
We had an annual review of his statement in January and I refused to sign it as it was in breech of what the Statement says they should do. They did not come up with anything since then and I really need lunchtime support to go on it.
And I am seriously cheesed off. A friend of mine is using Irwin Mitchell I think so I will give them a call. The Ombudsman seems to not deal with complaints where there is a Statement of SEN. Shame.
Thank you again and any other ideas are welcome.
I thought of writing an open letter to the Head lol.

The Ombudsman should deal with complaints where there about a statement not being delivered but they are useless beyond measure.

You could have appealed to Tribunal to get the statement amended but you only have 2 months for that from the day the decision letter from the LA is sent stating whether or not they will amend. However, Tribunal can take months anyway.

I think the most effective way to get something done is to speak to IM and get a letter sent threatening to take legal action (JR) if they don't start providing an education for him.

I would write to the EWO and ask her to confirm in writing what she has told you.

Inappropiatelyemployed,
thank you for your reply. I am not sure I could have appealed because I have not got any letter from the LA. My son has a Statement, we had an annual review in January and I refused to sign the school's proposals for it. The school have since not been able to amend it in any way so it never even went to the LA.
I urgently need to put lunchtime support on it but have no idea how to go about it. Can I have an Annual Review with the LA?

OK. You are being treated really appallingly,

After an AR, the school must send its recommendations to the LA within 10 days. The LA may or may not amend the statement and there is no deadline for them for making that decision but they should have made it by now!!!

You must speak to a lawyer and get legal aid in your son's name to sort this out. You can PM for details of the lawyer I use if you want.

This is an outrage and your son is being failed.

Fairyblue, it doesn't matter that you refused to sign anything after the annual review - it isn't a legal requirement. As Inappropriately says, they LA has to make a decision after the annual review and you have a right to appeal within two months after the date of the letter communicating that decision to you. If they haven't sent the letter, then they're breaking the law anyway and you could take judicial review proceedings in your son's name.

Ooooh, I did not realise they should have sent it even without my signature. Well good for me right now, more ammunition against them!
At least the police are doing their job and passed the latest incident onto Public Protection Desk and Educational Welfare and Social Services will be notified and hopefully get off their backsides and do something!
I have inboxed you IE regarding something else (twice) so I shall send another message. You will be overwhelmed by my messages today, poor you :).