Refusing to take a child ba k

[Mumofsend]

Good afternoon,

In a right old row re schools for my 6 year old DD.

One way or another I will be appealing. I suspect to actually keep her in mainstream because the issue is a won't rather than a can't.

Anyway, the LA have said her current school are simply refusing to have her back in September so the LA will be sourcing alternative education.

The school is named on her ehcp. She has never been excluded fixed term or permanent.

Can a school simply decide they won't have a child who has literally done nothing wrong back? She has an individual risk assessment as she is a bit of a runner but nothing physical behaviour wise on it.

What are the school's reason for refusing to have her back? Are they saying they can't meet needs?

They have said for a long time they can't meet her needs but it is without doubt a case of they aren't prepared to rather than can't. I don't think they have any actual grounds, just a bit too effort for them.

Do you really want to send her to a school where she's not wanted? Are there any other schools in your area that might be a bit more inclusive?

No not particularly but she wants to be there, she has relationships there. Her brother is named on his ehcp to start in September so to move her I would need to get his moved and find a school that can accept both. All in the 4 weeks before they break up.

It also isn't really my question

I'm assuming this is either an LA school or an academy?

Tell the LA you want to keep her there. Once the school is named in Section I of an EHC plan they must admit the child or young person. (Section 43 Children & Families Act 2014).

The LA can name the school even if the school objects.

Unless the school is wholly independent, as Ellie posted, under section 43 CAFA2014 the school has to admit if they are named in an EHCP. The LA can, and must, name your preference despite the school's objections unless they can prove one of the following:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or

• The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
• The attendance of the child or young person would be incompatible with the efficient use of resources.

What type of school is it? Is it a maintained school or an academy? This is important in how the LA can force a school to admit.

If the school refuses to admit despite being named and it is a maintained school the LA can direct them to admit. However, if it is an academy things are slightly more complicated. The LA can not direct them to admit, but can refer the school's breach of their funding agreement to the Secretary of State and ask them to direct the school to admit. To complicate matters further, the school can ask the SoS to determine whether they should have been named.

Are the LA planning on amending the EHCP to remove the school from section I? From their point of view this would be the easiest way to bury their head in the sand avoid the whole issue and force you to appeal.

Google says it is an academy convertor but is part of a MAT so I would guess its an academy.

The LA are naming a specialist which is even less able to meet needs. It is like choosing between a rock and a hard place

I do also get the impression that the LA aren't willing to over rule the school and are doing an element of burying head in sand. It's just whether I have a good enough case to force it via appeal

The LA and the school both sound crap.

What was said at the last AR meeting?

If DD is a risk does she have dedicated 1:1 support?

If the worst comes to the worst are there any other MS schools around that might meet needs better than the specialist one?

You have a right to a mainstream school, but not a right to a specific mainstream. The LA can only name a SS against your wishes if it is incompatible with the efficient education of others, and there are no reasonable steps that could prevent the incompatibility. If there are no physical behavioural concerns the LA don't stand a chance.

You could make a formal complaint. Could it be construed as disability discrimination?

This article is interesting:

schoolsweek.co.uk/can-the-council-force-an-academy-named-on-an-ehcp-to-meet-a-pupils-need/

If an academy were to seek to move that child from the school named in the plan it would appear highly likely that they would be at risk of legal action by the parent

In any case, where a child has disabilities then any academy trust undertaking such a course of action would have to be very cautious to avoid claims under the Equality Act 2010.

Yes I was going to say you have a right to a MS school but not a specific one. Information here:

www.ipsea.org.uk/the-right-to-a-mainstream-education

There have been 4 physical incidents since January. One where another child scratched/hit her so she retaliated. One where she slapped her 1-1s leg.

One where she threw a chair in an empty classroom (after seeing the same other child doing so 3 times I 2 weeks..) and one where she slammed a door.

The school seem to be basing their entire argument on she won't cope next year, they expect more from the children and she has no chance of managing. She is going from year 1 to 2.

And then the irony is that they have emailed to say she can't possibly be there in September whilst initiating the final step to her being in full time. She was doing 9.30-3, now starting 9.05-3. It is like they say one thing and do another.

Disruptive behaviour is usually the result of unmet needs. Were there any exclusions - official or unofficial (aka unlawful?)

Has the EHCP been reviewed recently? What else needs to be put in place so that she can manage?

Just because they "expect more from the children", does not mean they can expect more from her. As she has a disability, they have a legal duty to make reasonable adjustments under the Equality Act 2010 .

It sounds to me like you could have a case for disability discrimination.

Is the school trying to get rid of this other child too?

I really wouldn't want to keep my child at or send any other child to this school. It sounds awful.

Neither do I but I'm now stuck between a child who has finally settled in and is going from strength to strength there and wants to be there vs pulling her out and starting again. I just can't see how it is in her interests to move her.

Yes they have been rough with other child too.

I imagine the school are going to try to argue mainstream is incompatible with the efficient education of others and there are no reasonable steps to prevent it.

You say DD has settled but your posts indicate she has unmet needs there.