Reduced timetable

[Candy999]

I am looking for some advice.
My son is currently 6 years old and in year 2. He has a diagnosis of autism and speech impairment. In reception he was attending school full time and within the first week I was asked if it would be okay for him to be on a part time time table which I declined. Although his behaviour wasn’t brilliant it was manageable and their wasn’t too many issues. In March 2020 when they announced lockdown he was allowed to still carry on attending as I was a key worker but after 2 days it wasn’t working out so me and the school agreed I would manage at home and he would no longer attend.

In June 2020 he returned back to school but it was agreed he would return only on a part time basis due to staffing levels etc. I agreed to this as I understood things were difficult due to COVID and this carried on until the end of the school year. In this time it was agreed between me and the senco that it was appropriate to start to the process of a EHCP etc.

In September 2020 he again returned to school for year 1 and this was again agreed to be on a part time basis and reviewed regurlaly. This didn’t change at all during the year 1 school year apart from a slight increase in which he attended until 1pm (so 9am-1pm) this lasted all throughout year 1. In that space of time after being assessed for a EHCP abs declined I appealed and won and a EHCP was finalised the end of the year 1 school year Summer 2021. On the plan it was stated that he would start at a new sen unit opening in January 2022 and that his current mainstream would be named until that date which they agreed to.

In the plan it stated a return to full time education should be slowly start to come into effect. When he started year 2 this September it was said we would carry on with the 9-1.00 and it would be reviewed every 2 weeks.

After a few weeks their was a meeting with the senco who said due to his behaviour they would be decreasing his hours and he would be doing 9.00-12 as his behaviour at lunch time was becoming an issue. Now my argument is this has been going on for 18 months now and If anything we are now going backwards instead of forward.

What leg do I have to stand on arguing this? Surely a child especially one with a EHCP shouldn’t be on a reduced timetable for nearly 18 months especially when his plan specifically states that a return to full time education should be happening

What the school are doing is illegally excluding DS, don't let them get away with it any longer. It is disability discrimination. Unless short term aimed at reintegration, which clearly isn't the case here, part time timetables are unlawful whether or not parents agree to them.

Complain to the school and inform them DS will be attending full time unless you are given formal exclusion paperwork each and every time. Then stop picking DS up early unless you are given the paperwork.

The LA are responsible for ensuring DS receives a full time education and the delivery of all provision specified and quantified in section F of the EHCP. Therefore if the school continue to unlawfully exclude DS complain to the LA and threaten Judicial Review. If that doesn't work contact SOSSEN for help with a pre-action letter.

Thank you! I have let them get away with too much.
What has triggered me this morning is the fact that I was sent his IEP and asked to agree to this by end of today, when reading it I thought it sounded familiar and when I dug out my EHCP paperwork from last autumn I found the IEP from then and it is a word for word copy even mentioning a staff member no longer at the school and have fully blew my lid. An essay like email has been sent to the school regarding the reduced timetable and iep issue and I am on fire fully ready to take them all on. Thank you for the advice I will be following this!

You can search my name on here if you like, posted plenty of times about it, I’ve had this with ds (nearly 8 and in year 3) for over 3 years now. He’s in special school now and same shit continues there but he does less hours at his special school (2.5 a day) than he did at his mainstream (3 sometimes 4 a day) go figure!

He’s had an ehcp for 4 years.

I’ve had LA involved, head of send for our LA warned the old school they faced serious consequences if it continued, sendiass who liased with school and set up meetings she was involved for over 6 months, ipsea sent warning letters, ipsea said it was the most prolonged illegal exclusion / part time hours she had heard of, his old school would increase for a week then put it back down. They couldn’t cope with ds behaviour and he was on full time 2-1 support. I also used to get calls to pick him up often. They threatened to permanently exclude ds often.

He moved to specialist setting in may (a school that specialises in challenging behaviour would you believe) and they have adopted the same approach. He needs 2-1 support there and he’s having to be educated out of the classroom because he’s disruptive and sets the other children off, he attends 9.30-12 (out of borough school that he has to travel 20 miles to and same from in a taxi with escort) I’ve just had his annual review paperwork and his attendance is 62% because of it. I’ve requested a meeting with the head and his class teacher (complained twice already) they say ds can’t cope with a full day and it’s in his best interest, which is a load of shite, his old school said the same. They know full well it’s not in ds best interest but use that as an excuse to justify to anyone why they are doing it. It’s because he has difficult behaviour and needs so much support but that’s there problem not ds’.

They said they would increase him 1 hour after half term so he’ll be doing 9.30-1pm. (Whoppeeee doo, I think I was supposed to be impressed )

Anyway just wanted you to know you’re not on your own.

OP it is good you have emailed. Emails give you are paper trail, so follow up verbal conversations with emails.

Danni you should threaten JR then contact SOSSEN for help with a pre-action letter.

So his current school (specialist) are saying it’s a short term solution (I wouldn’t say short term when it’s being going on since he started in may.)

My LA who deal with ds ehcp (the school is in a different LA) have basically said if he’s not in full time by Xmas which gives them more than adequate time to have increased him and have him full time then they will sort it out.

My La said as long as they are increasing his hours on a regular basis it would be seen as sufficient, his hours haven’t gone up once since may so I wouldn’t say that was sufficient! They are due to increase 1 hour first week of November after half term, I’m sure that will then stall at that for a while…

It’s really not good enough, my ds has missed out on so much education and it’s my only respite

I’ve not got off to a good start with his special school because I call them out on it and then look ‘difficult’ but I’m just ensuring ds gets what he’s fully entitled too.

Yes to paper trial. My emails having orange flags all over the place.

Thanks @Imitatingdory

I think if I hadn’t had it for all of reception / year 1 and year 2 with ds old school I would be much more tolerant of his special school doing the same thing.

It’s just straight from one school straight to another.

And 3 years on here we are, same bloody boat.

His new school see it as a short term thing but for us it’s a long standing problem.

Don't listen to your LA, they will fob you off as it is them Judicial Review proceedings would be against. It isn't short term and as they aren't regularly increasing his hours it isn't working towards reintegration. Get in contact with SOSSEN for help with a pre-action letter.