Can SEN schools exclude pupils?

[Overdon]

I can’t go into too much detail as is outing, but think the SEN school my child goes to are struggling with the challenging behaviour and things seem to be going in downward spiral.
What happens when SEN school isint working? Are they allowed to expel children?
So disappointed.

Depending on if you think the EHCP meets your DC's needs (other than the placement which clearly isn't meeting their needs) and the assessments are still up to date you should request either an early review or a reassessment of needs. IPSEA have a model letters you can use. Do you have another placement in mind.

Is the school a state school or non-maintained/independent?

Special schools can exclude, both fixed term and permanently. However, they must follow the law. If a child is excluded for behaviour arising from their disability it may be disability discrimination, especially if reasonable adjustments weren't made or the EHCP wasn't followed. However, the school may still be able to argue exclusion was reasonable if they have health and safety concerns.

Thanks @10brokengreenbottles, I couldn’t find anything about exclusion and SEN Schools, it’s a LA maintained school.

I will look at IPSEA regarding the reassessment, the Ed Phych report was done nearly 2 years ago, could I ask for an updated assessment?

Also, they are not following all of the current ECHP.

LA maintained special schools have to follow these steps for exclusions just like any other maintained school. IPSEA have a link to the statutory guidance and have advice on their website on making written representations to the governors and, if necessary, asking for an independent review.

You could ask for a reassessment of needs, IPSEA have a model letter. Usually reports older than 2 years aren't considered up to date enough. Since you are nearing that and on the brink of placement breakdown it wouldn't be an unreasonable request. What about other assessments such as OT?

If the school aren't following the EHCP and section F is specific and quantified you should complain to the LA as they are ultimately responsible for ensuring provision in EHCPs is provided, state if the provision isn't provided you will be forced in to Judicial Review proceedings. If section F is not specific and quantified unfortunately it can't be enforced. In that case during the reassessment or early review (whichever you ask for) you should try to tighten it up.

Alongside this you may have a Disability Discrimination case.

Don't allow the school to illegally exclude either by sending DC home to 'cool off'. Don't pick DC up unless you are given formal exclusion paperwork.

Your a marvel @10brokengreenbottles. Excellent advice there for strategies going forward.

Update: have a meeting at the school lined up. In addition to not following Section F properly they have barely been teaching anything recently.
I have found out about another setting that has recently opened in a neighbouring LA, and have asked to look around there.
But I am struggling at home too and wonder if a residential school would be for the best. We already have social service involved for respite care, but it isn’t enough.

Do ask for a reassessment of needs or early review.

Be careful with a newly opened school. They have the potential to be brilliant, but a couple of posters on here have DC who have been one of the first cohorts through new schools and it hasn't been an easy road with schools failing to deliver what was promised.

Whilst finding an alternative placement, residential or otherwise, request a social care review to push for more respite.

Also consider a waking day curriculum if you aren't sure on residential.

The meeting went ok at school and they are making a referral for a reassessment. I do get the impression they are struggling with him, I think I will await the outcome of new assessment, it may be that the school just can’t meet his needs.

Thanks for the warning about new schools, I will bear it in mind.

Regarding respite, the LA can’t provide what they have already agreed to fund, currently only receiving half of the agreed package. This is down to a lack of staff - agency care workers not turning up, leaving the job after two weeks etc, and I can’t find anyone who can/will look after him through direct payments.

You would be better making the request for a reassessment of needs yourself, that way you know it is done ASAP.

We found the same with agencies. Are there any staff at DS' special school who would like a few extra hours? One of the best PAs we had was a PGCE student who wanted to go in to special education, he was amazing. We found him by approaching the nearest university who advertised for us.

That’s a great idea about students @10brokengreenbottleswe live in a uni town, not sure if any of the TAs will be up for an extra round with DS at the weekend though!