Refused specialist provision

[chillimum289]

Can someone help me understand what this means :-

The attendance of the young person would be incompatible with the efficient education of others (code of practice 9.79)

I've googled it but can't find answers and obviously have to wait u til tomorrow to speak to anyone . My child is 8 and autistic in mainstream- gets sent home a lot and is kept in a separate room which has a sensory area with the other sen children / not the classroom . The sendco at school suggested he'd be better at a specialist provision and having been sent home for biting someone last week I was really hoping he'd be accepted so I'm very upset right now . Any advice greatly appreciated x

Assuming the school isn’t wholly independent you should appeal. Make sure you appeal B&F as well as I as they will be written to support the provision the LA have named in I.

Here is more information from IPSEA. M v LB Harrow HS/4850/2013 is the case law around incompatibility. It is a high bar, higher than many LA’s claim. It is more than an “adverse effect” or “impact on” or “prejudicial to”.

When you say DS is sent home, do you mean formally excluded? Or are the school informally unlawfully excluding DS?

Do you have it in writing the SENCO thinks DS requires a SS?

Thanks for the reply . What is B&f? And what does the reason he's not been accepted mean - I still don't understand 😵‍💫 he was sent home because he wouldn't calm down and they thought as I'm his 'safe person' he'd be better with mummy - so I had to leave work early - again

No I don't have it in writing but they supported the application

B&F are sections of the EHCP - educational needs and special educational provision.

It means they think if DC attended that school it would stop other pupils being able to be educated to a certain standard. There are multiple reasons why this may be, one of the most common one reasons LAs give is claiming the school is full.

Try to get the school’s belief DS needs a SS in writing. In future follow up all verbal information with emails so you have a paper trail.

It sounds like DS being sent home was unlawfully excluded. It doesn’t sound like a formal exclusion. In future you need to refuse to collect unless the school formally exclude.