Advice please from those who are experts on exclusion....................

[WaitingForTheNextBattle]

I have to be vague and have name changed.

DD attends a special school, there is currently a full time nurse and due to increases in numbers and many pupils having complex medical needs the head and govs have been trying to argue the case for a second nurse. Health and LA seem to agree there is a need but can't agree who pays.............

I have heard a rumour today that things have escalated and that cuts are to be made to the existing full time nurse and reduce cover to part time. I think that the head will refuse to have the most vulnerable pupils in school if there is no nurse on duty for safeguarding reasons...........if this is true I would support the head as pupil safety is paramount but what action do I take to get dd back into school fulltime?

I can't believe it may happen but the source of the information is very reliable.

Any advice?

DD is entitled by law to full time education and everything in part 3 of the statement. If this happens, I think you should immediately write formally to the local authority setting out the fact that they (as the people with ultimate responsibility) are breaking the law and saying that you expect them to make immediate arrangements with the school to ensure both that dd can be in school full time, and that she will be safe when she is there. If that doesn't happen, you will start a court application for judicial review.

I think you should also write to the school governors to say that, irrespective of their quarrel with the LA, the fact is that their school is named on the statement and they must by law accept your child full time and keep her safe when she is there. Again, if they don't do so you will take judicial review action.

I can see why you sympathise with the school, but the fact is it's not your quarrel and really they need to get together to sort this out. Maybe the threat of court action will make them do that. If you can suggest to the parents of any other pupils there that they do the same, it could be quite effective.

And if none of that works, phone Civil Legal Advice - 0345 345 4 345 - and ask to be referred to one of the firms doing legal aid, preferably Maxwell Gillott. Tell them it's because you want to take court action in dd's name and she will presumably qualify for legal aid.

Rows between budget holders can take years to sort out. In the meantime, your dd will be without education. This is not your problem. JR is one route to speed resolution.

Another way to focus minds is to find an expensive residential school with 24h nurse cover, and ask them if they could take your dd (maybe a few of her friends too, if parents are co-operative). They are entitled to a full time education. If a nurse is unavailable, there are agency staff.

My guess is that her medical needs might suddenly be queried though. One minute they'll be so super-complex that only the NHS's finest paediatric specialist nurses could manage them. The next, it'll just be a bit of asthma, what luck the welfare assistant did that on her first aid course.