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Can a mainstream primary "force" a move to a specialist school within their partnership?

17 replies

doubleshotespresso · 25/02/2020 14:50

Just this really, things with the school have been difficult recently, refusal to put anything in writing, unable to offer straight answers to very clear questions, generally feel like I have been pulling teeth whilst speaking Japanese for months now.... but trying to maintain some sort of positive relationship wherever possible...

School is in partnership with many other schools, including a special school (we do not feel this a great option for our child at this time). However, they have arranged for a visit to for team members from the special school to observe our child and make recommendations to support her. I have replied to the email requesting to meet with them but just know I will not receive a reply.

Can they force this along ? Anybody experienced similar please?

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Ellie56 · 25/02/2020 21:54

So from what you're saying, they've arranged for staff from the special school to observe your daughter and make recommendations to support her. Ergo the staff at the current school should then be more informed and able to support your daughter better than they are doing at the moment.

How is that "forcing a move"?

doubleshotespresso · 25/02/2020 22:01

Thanks for your reply...

I suppose my query should have read differently. That's what I have been told, but my gut tells me differently, specifically due to some recent decisions made and also the EHCP award has not been deemed by the school as sufficient (I am in agreement on this). They don't seem to be very ope with me as to how they will be able or hope to meet the needs so this naturally flagged up for me as a worry.
There has been some brilliant support so far, but there have also been some serious challenges in getting any explanations on things and my gut has not failed me yet if this makes sense.

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doubleshotespresso · 25/02/2020 22:03

*I should add the multiple needs are complex and quite severe, though all diagnosed and under investigation/support. A significant challenge is behaviour and being called to collect increasingly frequently... it's all so worrying

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Ellie56 · 25/02/2020 23:10

When you say EHCP award, do you mean you have an EHC Plan in place?

School shouldn't be asking you to "collect increasingly frequently". This is unlawful exclusion.

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

doubleshotespresso · 25/02/2020 23:13

I have just received the final draft yes

This exclusion business is my biggest worry as it is I believe unlawful, but I ma unable to gain any written explanations at all

Other people have advised me to refuse to collect but I just cannot do that to my child and feel it sends wrong message to the school anyway

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Ellie56 · 25/02/2020 23:26

I agree it does send the wrong message to the school. They are getting away with unlawful exclusions instead of doing what they should be doing and meeting your child's needs. Your child is entitled to a full time education just like any other child.(Behaviour issues in school are almost always because of unmet needs.)

Regarding the EHCP - is it the draft plan where you have been given 15 days to respond and name your preferred school, or the final plan with the current school named?

doubleshotespresso · 26/02/2020 00:48

It's very tough yes, I've just received the final draft and yes she has been given placement at this school named in the final document

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doubleshotespresso · 26/02/2020 00:49

Sorry she has named our child's school in the final draft yes

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Ellie56 · 26/02/2020 06:51

Is this the school you requested?

doubleshotespresso · 26/02/2020 11:23

Yes thankfully, it's a mainstream which we are keen to remain at and their support has been fabulous, it's just that the behaviour aspect has seriously escalated recently, along with a fresh diagnosis .
Also the school have stated that they're unable to meet the needs on the provision awarded (they need ten more hours), so I'm concerned they might try this before all other strategies have been explored.

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doubleshotespresso · 26/02/2020 11:25

I have looked at this (very impressive) specialist school but believe our child can excel in their current school if the right types and levels of support can be given.
Current school were disappointed and surprised at the lower number of hours awarded and seem to be determined to obtain the extra via an extra application (which we apparently don't need to be involved in?!)
So it therefore seems strange that these exclusions are not being recorded as surely that would help demonstrate to the LA that the needs cannot be met?

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Ellie56 · 26/02/2020 12:41

It sounds as though the EHCP does not accurately describe her needs or the provision required to meet these needs. You need to appeal OP.

And yes the exclusions should be recorded officially as that is a clear indication needs are not being met. I would tell the school you will not be picking up early/agreeing to part time time tables/ whatever unless the official paperwork from the HT is produced every time. All the info you need is in the above link I posted earlier.

jackparlabane · 26/02/2020 12:56

What Ellie said.

Even if the school did want to try to offload him, they wouldn't get anywhere without proof that they are providing all the support they can and what they could do with more funding. Specialist schools will have a queue for places.

Record everything, insist on everything being documented (child being upset is an example of needs not being met) and with luck an appeal will yield more money (sounds like that's what they are doing, but I'd insist on being copied in on everything as even great Sencos who know the system are overloaded). Good luck.

doubleshotespresso · 26/02/2020 13:04

Gosh ok thank-you do much for this. I think I'm going to have to do this as I just can't rest whike this is all so woolly.
I'm so concerned and feeling a sense of being shut out from school funding proceedings. It's a Complex needs hearing panel the school and the LA are having to ask fir additional hours. They've made it clear "you don't need to be involved in this mum it's a school process" 🤷🏼‍♀️

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jackparlabane · 26/02/2020 13:26

The panel may well sit in private and go through the paperwork from the school - our council did. Whether that's legal or not I couldn't tell you. Same council phoned to tell us secondary school A had rejected ds but B would take him. So I emailed school A to find out what needs they thought they couldn't meet so we could ensure they were met elsewhere.

School A called me very surprised to confirm they certainly could take him, just they asked for money to go with it. I emailed the council about it (and that school B were also planning to ask for a similar amount).

Got message back saying basically 'oops, rumbled, OK, have a EHCP place at school A then, with some funds'. Which we've accepted, but the Senco at School A has warned me she's going to ask for more money again on general principle, though of course they'll do their best to support him no matter what, but at least the amount awarded now is a sensible start.

doubleshotespresso · 26/02/2020 13:59

That's very useful to know many thanks. I'm going to go through the EHCP with a fine tooth comb tonight I've already got a few concerns but was told it's a document intended to grow with the child...
will need to be requesting better clarity and some tight dates when things can be expected and reviewed.

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Ellie56 · 26/02/2020 14:35

Checklist here:
www.ipsea.org.uk/Handlers/Download.ashx?IDMF=afd8d11f-5f75-44e0-8f90-e2e7385e55f0

Basically all the needs should be in section B and should be lifted from the individual assessment reports. For each one of those needs there has to be specific quantifiable provision in section F, again taken from the assessment reports. Woolly phrases like "access to" "would benefit from" and "opportunities for" are not acceptable.

Eg Section B might say "struggles with social communication." If Section F says "access to SLT" it means nothing and trying to enforce it will be like nailing jelly to a wall.

It needs to say something like " X needs a social skills programme devised and delivered by a qualified SLT for 2 hours each week. It tells you who, what, when and for how long, and as it is very specific, it is enforceable.

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