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Autism and exclusion from MS school

16 replies

Torty23 · 11/06/2019 18:00

I’m wondering on whether to make a complaint to the SEN governor about my daughters school head. She is recently appointed and clearly has no empathy for SEN. Long story short is my 12 yr old daughter has a diagnosis of high functioning autism and does have a Ehcp. Has had since primary. All was going well, socially and in the classroom through the first year at secondary which was fantastic, there was little support in place but enough and my daughter was happy so no need to step in. Come the start of the new school year everything seems to have gone south and got progressively worse. Constant Detentions for failing to follow instructions , persistent calling out in class, lack of focus, refusing to contribute. As soon as I became aware I made an appointment to discuss with school. It then became apparent that the support in terms of a mentor and some class support had been taken away and used elsewhere. My child was telling me sch was hard and she kept getting told off. The teachers didn’t understand her. In comes the new head and a much stronger approach to what is seen as challenging behaviour. Every time my child is not seen to be working or not following instructions they call in another teacher who effectively takes them to the head . As my child isn’t coping well by the time he has been told off marched out questioned and reached the head she is not able to communicate how he is feeling and what went wrong and shuts down ignores or tells the head to leave her alone, is rude and non compliant . If she tries to punish her she refuses . This has made her mad and she has ended up putting my child in three separate internal inclusions. One for a day for play fighting one for three days for persistent lack of effort, not following instructions and more recently another three day for play fighting (same friend) eating in the corridor and persistent lack and not folllwoing instructions. During the second inclusion she refused to go said it was for naughty children and she wasn’t naughty and didn’t like it there and they called me to collect her. On the most recent one she again refused to go and do have now given him a one day fixed exclusion. Because she wouldn’t go to the inclusion despite interventions and support. I went for a meeting this morning and they insisted if she didn’t go the inclusion she will be sent home. I am trying to get across that the behaviour is down to her struggling in class and that I don’t believe her needs are being fully met. I think the sanction thing is far to strong and she should be given a break. Senior leaders have told me that they cannot provide enough support , one saying she was better off in inclusion as he would be supported.im there. After every meeting they promise to look into the support. They told me I should apply for exceptional needs funding which I now believe is their job not mine. SHe does have a time out/walk card and goes to a lunchtime club. There is also a lady tA that he can speak to at break and lunch and she really gets her. Also Recently CBT for one hour. The point is today when I got to finally actually speak to the head she told me that my child was non compliant , didn’t follow rules and was not following instructions and she can’t have that behaviour at her school. I reminded her she needed more support and we keep going over this. She said it’s not possible she cannot provide support every miniute of the day (not asking for that) just the basics and basic understanding would be nice. She got in a strop mid way flung her hands in the air and said this meeting is terminated this is not the school for you , to my child. Then told me to take her home. The Senco and I had in a previous meeting some months back whereby she apologised and said she’s taken her eye off the ball and would ensure she sorted support. Should I make a compliant about the heads behaviour. I think this is totally unacceptable ?!

OP posts:
Alwaysgrey · 11/06/2019 18:10

What an utter arsehole response. Guessing the head hasn’t read the Sen code of practice and doesn’t understand what reasonable adjustments mean. I’d make a complain. They have a duty of care towards your dd. I’d also write a follow up email to the head about the meeting so you have what happened in writing. Each school will have a complaints procedure. Follow it. We didn’t have much yet with our mainstream school and ended up at a tribunal. Good luck. Your poor dd has enough on her plate without an awful head.

Torty23 · 11/06/2019 18:22

You ended up at tribunal ...I’m so sorry. That must have been very stressful. It’s such a shame we have to fight like this. I’m going to follow the complaints procedure. Thank you.

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Torty23 · 11/06/2019 18:24

I’ve just got an email with a letter about the fixed one day exclusion. Requesting a meeting tomorrow reintegration meeting. Guessing that means they will not force DD to do inclusion now and she can go back in to class . Can’t believe I have to face that awful woman again in the morning. God give me strength!

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Isatis · 21/06/2019 22:24

It sounds to me as if you need to get the EHCP tightened up so they can't argue about the support your child should be getting. Phone SOS SEN or IPSEA, or if possible go to one of SOS SEN's drop-in sessions.
sossen.org.uk/advice_centres.php

Torty23 · 28/06/2019 10:12

Thank you there is a drop in session I can get to next week.

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lwjint · 16/07/2019 20:31

Really sorry to hear your story. I've experienced pretty same stories with my two children both having Autism. To be honest, it's a very typical story for the parents of autism children. Not many schools support those parents. First of all, an informal exclusion is unlawful. It means if the school has ever told you to collect your daughter with no written notice then the school has been in breach of the laws. If it has happened within the last 6 months then you can directly register a child discrimination case to the SEND tribunal courts. You could complain first but, considering the school's attitude, I don't think it'll work. I would straight submit a discrimination appeal case to the tribunal court. Many parents are afraid that their children may be disadvantaged at the school if any court action is taken. So was I in the first case. Looking back what has happened, in my personal opinion, the tribunal court action is the best and quickest way. I don't think a mainstream school is suitable for your daughter. A specialist school may be more suitable. Considering that she has started at a mainstream one for her secondary education, I think she is intelligent enough and maybe an independent specialist school would be better. It is very hard to get a place. I highly bet that the school will not help you. In fact, the school should have considered if they haven't. I also bet the local authority will be extremely unhelpful. I understand that she has an EHC plan. The first thing I would do is request an early review to transfer her to another school (likely a specialist one) and at the same time submit a discrimination case to the tribunal. It's a very mental consuming process for the parents but I don't see any better way. IPSEA will be helpful but they're still limited. Please don't lose your hope and never give up your daughter's education. It's valuable and she has every legal right.

Torty23 · 16/07/2019 21:06

Thank you for your message. I am now at the point of awaiting emergency review meeting in sept. I’m trying to get the ehp plan amended and have a meeting to include LA. The thing is the head is not interested in understanding. Even the Senco has said so . I’m scared to go to tribunal. It’s so sad we have to go through this to get our children what they deserve. I feel ill just keep fighting . I can’t afford an Independent specialist school and a special school
As such wouldn’t be suitable. Plus she is happy socially and that’s half the battle. I feel I want to fight to get the support where she is. It’s just a lack of understanding and a few adjustments we need. Thank you again

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lwjint · 16/07/2019 22:37

It's good to manage to arrange an emergency meeting, at least. That'll be the starting point. I recommend that you are well prepared for the meeting. You wouldn't need to pay for the specialist schools as long as it's named in the section I of the EHC plan, including transport. I understand that the parents are the ones who know what the best support for your child and what you think may be right. Requesting a specialist school at the meeting could be still good idea even if it's not your favourite option. The local authority will give you far less than what you requested. I would request involving an educational psychologist for the meeting. It is your legal right. I also suggest that you could ask a Parental Partnership to attend the meeting to support you. If you're reluctant to launch a discrimination tribunal case then it'll be still good to write a complaint letter to the headteacher regarding the exclusions. You should mention that an information exclusion is unlawful and the school must stop it. Also, it is the headteacher's statutory duty to make best efforts to avoid any further exclusions if happened before. It's not your daughter's fault at all. It's her difficulty and special needs. The school must provide support in order to avoid any further exclusions. The school will likely argue that the informal exclusions were not unlawful. Please see the information from IPSEA. You can also ask the Department for Education. It may be good to attache the information in your complaint letter. If you complain before the meeting, it can make your position stronger, I believe. The school can't keep excluding her. If exclusions keep happening, it's a very strong sign that the school is not (and cannot) your daughter's special needs. In my personal opinion, it's entirely the school's fault, not her. She has every single legal right of equal opportunity for her education. Good luck with your meeting!

ExtraFox19 · 16/07/2019 22:40

That’s absolutely disgraceful.

lwjint · 16/07/2019 22:43

Just in case, involving an EP won't cost you if the LA does. The LA must do if you request. It's their statutory duty. It's very difficult to get more support without EP's advice. You could get your own private EP if you're willing to pay. Also, keep any correspondence/communication to/from the school/LA in writing. They often deny what they stated in verbal.

Torty23 · 17/07/2019 06:04

Thank you. So should I call the LA and request a EP to attend the meeting in September? Since I wrote this post my DD has been excluded again and we have been told by the head next time will be permanent exclusion. I will call parent partnership again before the meeting. The Senco at school has been really helpful but lack of funding and a very strict new head isn’t helping. ENF is being applied for in September. Thanks for all the advice.

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lwjint · 17/07/2019 07:34

Yes, I would definitely request an EP's involvement, especially if the head mentioned PE next time. To be honest, the school should've done it. It'll be better to write to the LA and mention that it's their statutory duty. It'll be better that the EP can visit the school or home or both before the meeting. The Parent Partnership is usually extremely busy. It'll be better to contact as early as possible. It's also good that the PP visit your home before the meeting and have some discussion with you if possible. I feel pity and looking back my past. It has taken so long time for us to settle. To be honest, I'm also still fighting to get their full rights against the LA.

Waystobewicked · 18/07/2019 19:58

Schools and teachers in my experience are at best useless.

Ensure all comms to school are in writing. Schools will misrepresent conversations to suit them.

Request written explanation regarding how they are making reasonable adjustments in response to your daughters disability.

For each incident resulting in exclusion ask for written account from witnesses teachers explaining what happened. Say you need to have the full details so you can in slow time explore this with you daughter. In reality schools hate this as they don’t usually evidence exclusions well.

Pop in a DPA request to school. Again they hate this as I’m guessing this will show little Senco involvement. You want all data relating to your daughter including email communication.
If you get redacted emails be wary. We had this assumed it was comments regarding other children. It was actually a supply teacher saying that she needed an additional teacher when our son was in class - at that point he should have been getting 32 hrs (1-2-1) but school chose not to use it on him.
The LA has an obligation to provide education. If she cannot have this in mainstream they need to consider alternatives even if this is fee paying.
But don’t expect LA to be helpful. They are pretty useless.
School governors - you can complain to them but as they are usually parents so won’t want to challenge head. If you do raise complaint say that you have spoken to all governs/ are related to them / friends of etc. Then you can push to have an independent governor listen to your complaint.
I speak from bitter experience.

Torty23 · 18/07/2019 21:20

Thank you for all replies I will try and act on them all. We’ve broken up for summer now so six weeks of rest is needed I had a chat with the Senco yesterday and she told me the new head really wasn’t very understanding and that most teachers think the understand autism but they actually don’t and when things spiral out of control they don’t know the best way to deal with it and end up making it worse . The next step is permanent exclusion and I just can’t think about that right now. Thank you for sharing your experiences and advice .

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Ellie56 · 24/07/2019 23:14

This is absolutely outrageous. Shock I would absolutely complain about the head. Failure to make reasonable adjustments is disability discrimination and telling you to take your daughter home is unlawful exclusion. Get a copy of the complaints Policy and follow it to the letter, taking it as far as possible. Your poor daughter.

I would also complain that the EHCP which is a legal document is not being adhered to. You should also notify the LA as they are legally responsible for ensuring that the provision stipulated in it is put in place.

Some useful information:

www.ipsea.org.uk/pages/category/exclusion-from-school

www.autism.org.uk/about/in-education/resolving-disagreements/discrimination-gb.aspx

A landmark Tribunal case last year ruled that all schools must make sure they have made appropriate adjustments for autistic children, or those with other disabilities, before they can resort to exclusion.

www.autism.org.uk/get-involved/media-centre/news/2018-08-14-landmark-ruling-exclusions.aspx

youarenotkiddingme · 09/08/2019 19:26

It is outrageous.

Is it an academy?

My experience is a school like this won't ever support the child (tightened EHCP or not). They've made their feelings clear and that is they aren't interested in meeting need or understanding and they've started the process of getting her out.

Sorry to be blunt but I don't want you to waste time fighting for the wrong thing.

I'd look at alternative state schools of MS is suitable. You don't have to pay for indi if that's all that can meet need.

My son moved from secondary academy to secondary state and the whole different ethos made such a difference to him. The EHCP wasn't the issue - it was SLT!

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