Has anyone attended a permanent exclusion hearing?

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DS (6) has been permanently excluded from his mainstream school. We don't plan to fight or appeal the decision. It was inevitable and we don't want him in mainstream, we have been fighting for special school for many months and if anything, this could help us get him there sooner.

There will be a hearing at which the head will present the schools case and the governors will decide whether to uphold or overturn it. I can't decide whether to attend. I think I will find it very upsetting and become emotional, which will make the whole thing so much more difficult for everyone. This seems almost cruel given we don't disagree with the decision. But, if I don't go, what if I miss out on something significant?

I'd really like to hear from anyone who's been in this situation - did you attend and if so, how was it?

If you don’t want ti fight it I reckon your instinct is right and not to go. I bet though you could submit a statement to be read out on your behalf? Just so your child is represented? Something like ‘my child is a good child, the setting isn’t right, we haven’t attended in person today for these reasons…’

Yes that's what the SENCO suggested and I had decided that's what I would do. But I have this nagging doubt that if I'm not there I might miss something important. It just feels wrong somehow for there to be this room full of people discussing my child and for me to not be there. But if I do go, I know I'm going to find it brutal!

Unless attending would be too much for you I would attend. Even though you aren’t challenging the PEX I would want to know what was said so you could correct any misunderstandings or misrepresentations and try to ensure the governors acknowledged on record the behaviour that resulted in PEX was the result of DS’s disability and mainstream can’t meet his needs.

Does DS have an EHCP? If so, if the LA won’t name a SS do you have the right of appeal at the moment?

We received the first draft of the EHCP on the same day as the permanent exclusion. They haven't agreed to special school yet and we know there are no spaces so it will have to go to tribunal.

Make sure the LA finalise within the statutory 20 weeks.

While the LA may force you to appeal unless the school you want is wholly independent (is it?) the LA must name your preference unless they can prove:

• 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.

Being full is not defined in law, and on its own being ‘full’ is not enough of a reason to refuse to name your preference. The LA has to prove the school is so full admitting DS is incompatible. The bar is high, higher than an “adverse effect”, “impact on” or “prejudicial to”. Unless the school is wholly independent the LA can, and must, name the school regardless of the school’s objections unless they can prove one of the reasons above.

If you do have to appeal don’t bother with mediation, just get the certificate and submit to SENDIST. LAs use mediation as a delaying tactic. If they are going to concede they will do so regardless of whether you actively partake in mediation or just get the certificate.

Are the LA providing sixth day provision?

For what it's worth, you can ask for the exclusion to be overturned but on the basis that you don't want him reinstated on the basis that, presumably, the school is accepting that it cannot meet his needs. It depends really whether you think there was anything like disability discrimination, or if you think the exclusion could have been avoided had better support been in place earlier, or if the school had applied more quickly for an EHCP. Or, of course, you could put those points in writing and leave them to it.