Will home educating harm the Statement process? Worried and confused.

[Corrimony]

Any advice would be wonderful. Here is the background: DS (5yrs, Y1) is in mainstream 9.00 – 13.00 each day. He has 1:1 during that time and can’t manage without it – would be totally lost without her (ASD diagnosis). The school and I have always been in agreement about this and because they can’t fund anymore hours without the Statement he has remained part-time. The LEA have agreed to assess for the Statement and we are waiting for the assessment. We are hoping that when it comes through we will be awarded full-time 1:1 but we’ve been told that he is unlikely to get any more hours than he already has.

My question is: if I register for home schooling two or three afternoons a week, will this make it less likely that my DS will be awarded any extra 1:1 hours and will it affect how many he might be awarded even if we say our ultimate aim is to move him into full-time education? DH says I will wreck our chances of getting extra help if I do this.

The reason I want to HE is that I think the school’s fear that they’ll get in trouble because he is not in school full-time has led to his placement in a totally unsuitable Primary Behaviour Service unit in the afternoons which was a horrible failure and has set DS back in every way (and made him so anxious and miserable), and I worry this fear is affecting the staff’s attitude towards him and will get him pushed into more hours where his needs are not met. If I register for HE it eases the pressure for everyone. And I think full-time in school is too much for him anyway – for the next year at least, and it’s something we would need to build up to gradually.

Thank you for reading.

I have replied on your other thread. I wouldn't HE until assessment is finsihed at least. You could remove him from the unit as unsuitable and making him worse. It's unlikely they will prosecute you for non attendance when the school have agreed to PT timetable and can't cope

You can have FT education only part of which is in school and the rest (still funded by LA) at home. That's what ds has with ABA.

This case from David Wolfe Sen law noddy guide says so:
Provided that more than a de minimis part of the child’s education could be provided in a school then section 316 is engaged such that, if parents want a mainstream placement then there is a duty to provide it unless (per section 316) it would be incompatible with the efficient education of other children (etc). Pursuant to section 319, where it is not appropriate to make all of that provision at school, the rest can then be made (as here) out of school: MS –v- Brent [2011] UKUT 50 (AAC) 3 February 2011

the refs are to education act 1996 but new act has similar provisions.

Is the part time arrangement formally agreed? In other words, are you flexi-schooling? How is his time away from school recorded on the register?

Under the new guidelines, school and college placements can be in a range of settings, different providers and different settings (sorry haven't got the COP to hand to find relevant section).

Have a look at Fiona Nicholson's EdYourself - maybe contact her for advice as she really knows her stuff.

Not quite the same but we did withdraw ds2 from school towards the end of the statementing process due to anxiety / challenging behaviour as he clearly needed a new placement. We wrote a letter explaining our reasons and making it clear this was an interim measure whilst a new placement / support could be found and copied it into everyone we could think of to cover our backsides. It did not cause any repercussions for us or stop the statementing process and ds2 got a place in an ASD unit after a few weeks. The new placement was not a success either but that's an entirely different story.

If he isn't 6 and in yr r I don't think he has to be full time, but I could be wrong. Maybe that's only up to five years old?

He had to be full time in the term after he turned 5.

I agree with zzzzz

Thanks so much for all your thoughtful replies, links, suggestions and clarifications about case law etc (on this thread and my other one) - all so helpful at this confusing time! Sorry I haven't had a chance to reply until now. We have refused the behavioral unit. I phoned IPSEA and they were helpful, and as they suggested I chased up the statement progress with the LEA and the final panel is now going to be next Monday - finally!

We are not formally flexi-schooling, but have been in agreement with school all along about increasing hours only gradually. After we know how much 1:1 he will be awarded next week we'll decide where to go from there. I wish we had involved a private ABA or other autism specialist (AgnesDiPesto) in time for recommendations to be worked into the statement, but I'm looking into it anyway - maybe statements can be revised? Thanks again everyone.