Child unlawfully excluded

[Chihuahu]

My son has been unlawfully excluded for over a year. They put him on a part time timetable doing mornings only as the school said he couldn't cope and because of the other children. My son has an EHCP and he has got a place at a specialist school and starts in September. I have formally complained to school and council. The school have applied for extra funding and are trying to resolve this. My eldest son also attends this school and is doing well. However I am so angry and upset about this and I feel my son has hugely been let down. He has missed out on so much education. How would others feel and what would others do? Just feels so unfair

SOSSEN’s advice sheet here (no.10) begs to differ. The advice they give via the information line and paid for services is the same.

All other avenues should be exhausted where they are available and realistic, however SOSSEN say going via the complaints procedure in this type of situation is often not considered a realistic alternative remedy due to how slow it is - their other JR information sheet here (pg2). Again, they give the same advice via the advice line and their paid for services.

Previously parents who have begun the complaints procedure have been unable to proceed with JR due to acknowledging there is an alternative remedy.

You are misreading what SOSSEN say (although, to be fair, it is poorly worded). They are not saying that you can't use judicial review after going to the LA's complaints procedure, which would be wrong. They are saying that, once you go to the LA's complaints procedure, you can't go to judicial review until that is complete.

You cannot go to judicial review if there is an alternative way of dealing with the issue. If you haven't used the school's complaints procedure, there is clearly an alternative. You won't be allowed to go to judicial review without exhausting the school's complaints procedure. The point SOSSEN is making is that going to the LA's complaints procedure means that you have accepted that this is an alternative route, so you can't go to judicial review until you have exhausted that. However, if you do go down the LA complaints route, you can still go to judicial review if you are unhappy when that is over.

I am not misreading. ”They are saying that, once you go to the LA's complaints procedure, you can't go to judicial review until that is complete.” This is what I meant. I didn’t say you couldn’t do it at all, hence my post stating “…at this point in time”.

You best inform SOSSEN, because they advise otherwise. They advise against going via the complaints process. Parents do manage to go down the JR route without exhausting the complaints procedure on the basis that exhausting the complaints procedure isn’t a realistic remedy due to the slow nature of it.

You said, "complaining via the complaints process will prevent you going down the Judicial Review route". That sounds distinctly like you mean it will prevent you permanently. And to repeat, whilst parents go to judicial review without exhausting the local authority's complaints procedure, attempting to do so without exhausting the school's complaints procedure is a guaranteed way to fail. That is not what SOSSEN advise at all.

And to repeat, that is not what I meant. I did post that quote but it did not have the full stop at the end of it that you have added, because later in that same sentence I posted ”you probably don’t want to go down the formal complaints procedure at this point in time.” so if you read the whole sentence rather than cherry pick from it I think it is clear I meant “at this point in time”, as that is what I posted.

Well I personally know of 2 families where parents have successfully gone down the JR route without exhausting/attempting to exhaust the school’s complaints procedure due to the slowness of it, and that is what they were advised by SOSSEN. I know of other cases too, but not personally.

my son does not got a Echp, the nursery started but was refused and the school has not appeal or done anything.
At the moment i just want that the Senco of the school write the letter that indicates that my son can’t be on the school until they get the funding for it and that he has been excluded for an unknown period of time

Was it a refusal to assess or refusal to issue, and when was it?

The school can’t appeal the EHCP refusal. If you are still within the timescales you can though. There are limited circumstances SENDIST may accept a late appeal. If you are out of time and it was a refusal to assess you can reapply now. If you are out of time and it was a refusal to issue you could reapply now, but if it hasn’t yet been 6 months since the previous EHCNA you wouldn’t have the right of appeal if the LA refused another EHCNA, so it would be worth waiting 6 months from the previous needs assessment, then you would have the right of appeal if you need it.

i think refusal to assess but my son will be out the school until he has this ECPH, and because he will be 5 on June the Senco told me that is ok for him to stay at home doing nothing.
a mum told me that his son had specials needs and for 7 months he was only allowed to go 3 hours per day she did not agree to this but they told her we can get your son excluded and she could not do anything about.
Tge problem is my son is not allowed in the school even for 20 minutes per day. it will be only allowed in the school when they get funding

and how my son can get this ECPH when still not diagnosed, I still waiting for doctors appointment. For now on I will ask the school to put everything in writing and to give the letter like he was excluded on Friday.

When was the refusal to assess? You don’t need a diagnosis for an EHCP. Depending on when the refusal was you may be able to appeal now, if not IPSEA have a model letter on their website you can send to the LA to request an EHCNA.

The mum could have challenged the unlawful exclusion. Just as you can challenge it.

This is to much to me, I just one my son in education the sentó knows that my first language is not English and it will be more difficult for me to use the right terminology