Panel said no!

[StarlightMcKingsThree]

It wasn't really the reason I did it either, it was the only option left for ds, as everything I had requested was refused and ds was suffering and not having his needs met. But I know what you mean.

HE is still something that I haven't completed ruled out. I now have counselling, OT, SALT etc, all the provision that I wanted being put into place. If nothing changes after this, then HE.

They might think you are an ungrateful, unhinged cow, but who cares, you are very thick skinned, ungrateful, unhinged cow, who knows what is best for her ds! water off a ducks back!

Grrrr. They really are going to put up a fight. Bleugh bleugh bleugh went the EWO on te phone just now.

Won't be granted nonsense. Have to have patience nonsense as they are trying to sort out other placement etc.
Can't meet his needs as specified in statement nonsense. Am not the named placement nonsense. Can't be out of school nonsense.

From my experience, not sure it is the case in everyone case of course, however LA's panic when HE is mentioned especially if it could lead to a tribunal situation to get what you are asking for.

Parents have no obligation to fulfil the requirements of section 4 of a statement. Just a 'suitable' education to meet special needs.

They need to have very good reason for refusing. On what grounds are they refusing? Not being the named placement, cant be out of school are not good reasons.

They don't, Claw, but they do have to be able to show that they can fulfil the statement, because the Local Authority don't get absolved of their responsibility to determine the special educational needs and provision of a child whom they have deemed to need a statement.

That's why you have to ask the permission of the LA when removing a child from a special school.

Yep Lougle that was kinda my point, their only grounds to refuse is that special educational needs are not being met.

"It is illegal for a school to refuse to deregister the child whether they are at a special school or a mainstream school. Once you have formally notified the school, it is their responsibility to carry out their legal obligations. It could be that they are genuinely concerned about a vulnerable child, but if they are using it to make it harder to home
educate such children, this could be interpreted as discrimination and prejudice. Section 7 of the 1996 Act makes it clear that the right to "otherwise" education extends to children with special needs"

So do I make the request to the school or LA?

Can I deregister my child who is currently at a Special School?

"Where a child is a registered pupil at a special school under arrangements made by the LA (so this excludes those who attend special school placements not funded or arranged by the LA), LA ‘consent’ is required to delete the child’s name from the
register of the school. Write to the school in the same way as above, but ask the school to inform you when this has been done. A sample letter is available for download from the HE website: you will find it in the ‘HE and SEN’ pages. The child should attend school until you are certain that they have been taken off roll.This is not permission to Home Educate per se. Parents have the right to electively Home Educate (s7) and do not need permission to Home Educate. Parents howeverwill commit an offence for which they can be taken to court if the child’s nameremains on the register of a school (or PRU) and absence with leave is not granted(irregular or non-attendance s444 or with sick note from a doctor).

Why do I need to have consent to deregister from a Special School?

This restriction is meant to protect the interests of more vulnerable children by ensuring that their special needs are met.

'This restriction is meant to protect the interests of more vulnerable children by ensuring that their special needs are met.'

Ha ha.

Look. Now I'm worried about becoming disliked and that being motivation for a repeat of the crap.

How though does the LA give consent if the request was made to school?

It is supposedly school's responsibility to contact LA. However, I think you will need to do both.

I will see if I can find a sample letter, see what it says

Mr/Mrs Director of Education Anytown Borough Council Education Department Full Address and Post Code Dear Re - (Child's name - date of birth - special school attending)

We are writing as the parents of the above named child, who is a child for whom the LEA currently maintains a statement of special educational needs and who is a registered pupil at (name) Special School, (address).
After very careful consideration, and following amicable discussions with staff and teachers from the above named school, we have now decided to take full responsibility for providing for our son's education, 'otherwise than at school' in accordance with section 7 of the 1996 Education Act.

We therefore seek the consent of the Local Education Authority to allow (child's name) name to be deleted from the admission register of the school, in accordance with Regulation 8(2) of the Education (Pupil Registration) Regulations 2006. Once consent has been given we will provide our son /daughter with an efficient full-time education suitable to his age, ability, aptitude and to his special educational needs
.
We look forward to consent for (child's name) name to be deleted from the admission register being given to the proprietor of (name) Special School in the very near future and request that confirmation of such action be forwarded to us within the next 14 days.
Yours etc

Thanks claw. I'm so cross I wasted a morning on this, phoning etc.

I've had quite enough drama. I want to kind of just 'process' it. And I REALLY want to maintain relations this time. It's hard when you just get 'no because I said so' on the other end of the phone.

I think I need to restrict phone calls and write formal letters for the process, and careful but informal emails/letters to the people to supplement.

I can but try. I might want to shake my fist at an ill-informed ego-tripping EWO BECAUSE she shouldn't be ill-informed or on an ego trip but she is who she is and she's probably nice to her family or whatever....

They cant just say 'no, because we say so', its illegal!

They have to set out their grounds for refusal and the only grounds they have is that you cannot meet your ds needs. Even then it is not their duty to point this out, only where you are failing to. There is case law which covers this. I will dig out the sample letter for you, might be something useful in there you can use.

Is your intention to HE for a while, then back to a school?

Will you be asking for statement to cease, while HE?

I just picked up dd from the school office for a medical appointment and found parent copies of their curriculum plan for ds' year.

Thanks claw. I appreciate your help. I think their gut reaction to refuse is based on the circumstances of placement-change request and a suspicion that removal is to meet MY rather than ds' needs.

I'll be honest though. I can't wait to see him fly and also have the challenge when I come across areas that he doesn't.

Yes. Back to school when placement found and after boost.

Ideally Sept but tbh any time after that woukd be fine too if for whatever reason the period needs to be extended.

Where it does get game-playing is if they threaten to maintain or do so in response to HE. Then I'll have to let them, then appeal, then it will BE September and then I can agree not to HE.

Threaten to cease to maintain I mean.

Grrr. I'm investing far to much in this.

Have to remember to keep it simple. Keep it open. Keep it reasonable and polite.

Yep I think you are right, they probably think you have a different motive for HE ie trying to force their hand.

I suppose with hindsight, your report for AR could have been your intention to HE and how you would meet needs. It probably looks like mum has requested change of school, we said no, now deregistering.

However, nothing is set in stone. Maybe if you decide to send dereg letter, you can include a report of how you will meet needs. I don't know how they can just say 'no, because we said no' based on nothing.

Blood hell Star, can't believe you're having to go through this again!
If I remember your backstory correctly, didn't you move and sell your house to move to a smaller one, to get away from an LA (where they stalking you?) and get your ds into a SALT specialist school? All whist being pregnant and a planned home birth?
You're very calm Star, I remember thinking that back then. I'm sorry ds new school hasn't worked out. Why do the school think it is? Or why do you thinks its not? Sorry I've been dipping the last couple of months as we've had our AR, OT reviews and obviously Christmas, so missed loads.

Sorry you're going through this again

Claw, I second you doing the training

I think you have to take a step back, Star, and think through all the possibilities and whether this 6 months of HE is worth each of them to you.

e.g. "If the LA agreed to HE but then, when I asked for him to go back to school, they made him go to MS until it failed, would I still HE?"

"If the the LA agreed to HE but then ceased to maintain, would I still HE?"

etc.

Then, you can work out your plan.

Maybe their 'no, because we said no' is an indication of they are prepared to name school of your choice?

Thanks Frizz

If they cease to maintain, this will equal SA, all over again when you do want your ds to attend again?

Also LA refusing to cease a statement, does not affect your right to HE.

Kinda 2 different things if you like.