School keeps sending son home

[Astronaut1298]

Hi all

My 5 year old son has been diagnosed with ASD and Learning Disabilities. He currently attends a Mainstream school and has an EHCP

Since he started Reception, we have been getting calls constantly to come and collect him half an hour after we drop him off. The teacher today said he was screaming and crying, wouldn't stop. Of course this is really distressing for him too. As soon as we bring him home he is fine, he's happy and jumping around etc but we are worried as he's almost spending more time at home than he is at school.

We do feel he is better off at a Special School where his needs are met better. The next review would be in November, but we aren't sure how this works in regards to requesting a special school. Do we need to speak with his current school and ask for their support? Or do we just request an emergency review and explain everything to them?

If we wait for the review, would it be possible to move mid term as it would be in November?

We are trying what we can to support our son at home, but it is challenging as we both work full time and I can't always give him undivided attention when he's home and I am also working at the same time. I can understand ringing after a few hours of him being at school, but ringing at 9:20 when he's only been there for a short while seems like they're not trying different things to support him

Any advice would be appreciated - we are fairly new to this with no experience

Thank you

[Fififizz]

He’s not getting a full time education and school aren’t/can’t meet his needs it seems and/or the EHCP doesn’t seem adequate either, it’s not providing what’s required to support him at school. It sounds like you need an emergency review and I’d suggest you start searching for what you feel is a suitable placement yourselves as well. Often parents have to drive this process and advocate, be prepared.

[SusiePevensie]

What Fififizz said. Also, and this is important, you need to get the school to write to you, each time, saying that your kid has been excluded. That gives you the evidence you need to prove that mainstream isn't working.

[ThomasWasTortured]

When the school is sending DS home are they formal exclusions with paperwork? Or are they, as I suspect, informal, unlawful exclusions?

If they are informal exclusions, email the headteacher informing them DS will be attending full time unless formally excluded. Ensuring the exclusions are formal instead of an unlawful, informal exclusions will a) provide you with evidence of unmet needs to support pursuing additional SEP/an alternative placement, b) force the school to follow due process, c) limit the number of days the school can exclude for, d) allow you to challenge any exclusion, and e) ensure DS receives alternative education for longer exclusions.
When did DS turn 5? Is he CSA yet or not until September?

You can also email the LA’s Director of Children’s Services informing them of the situation and that DS is not receiving all the provision detailed, specified and quantified in F of the EHCP and they have a duty to ensure he does under s.42 CAFA 2014. As well as this if DS is CSA inform them DS is not receiving a suitable full time education, so they need to provide provision under s.19 of the Education Act 1996. If the email doesn’t work email again threatening judicial review. Then if that doesn’t work contact SOSSEN for help with a pre-action letter.

Request an early review (unfortunately the LA don’t have to agree and there’s no right of appeal, in which case you would need to either wait for the AR or request a reassessment of needs). IPSEA have a model letter you can use. You can discuss a move to a SS as part of this. It helps if the current school is on side, but it is still possible even if they don’t agree. Following the review if the LA agree to amend you will get the chance to make representations/state your preferred school. If the LA don’t agree to amend or amend but don’t name your preferred school you will be able to appeal.

You can move school at any time.

[Astronaut1298]

Thank you all, I have taken note of what we need to do now. We will be letting the Headteacher know that ds will attend full time unless a letter is provided each time he is excluded, as suggested - right now they don't send any letters/paperwork when they send him home, it'a just a phone call to say "he's screaming a lot, please pick him up"

We will request an emergency Review also but now I feel we don't have any evidence - we will start to gather it from now

I'm certain after the half term they will exclude him again as he won't settle straight away after being off - so that will be the time to ask for it in writing and keep record

Ds turned 5 in April

[ThomasWasTortured]

If DS turned 5 in April he isn’t yet compulsory school age, so although DS is entitled to attend school full time and the school must not informally exclude, the part of my pp about s.19 of the Education Act 1996 doesn’t apply. However, under s.42 CAFA 2014 the LA must still ensure everything detailed, specified and quantified in F of the EHCP is provided.

[StreetSpirit3]

DH and I had exactly the same issue with our DS when he was in mainstream school- constant phone calls to pick him up. Always shortening his hours, he was only in half the time even though he had a full time 1-1. When we picked him up it was all doom and gloom about his behaviour/meltdowns etc. Moving him to an STF (autism unit) was honestly the best decision we ever made. Our son is so much happier now. We requested an emergency meeting with the school senco and his teacher, they did make it easy for us as they heavily hinted that his needs could not be met in mainstream school, they are not actually allowed to specifically say that though. Then that request went to an ALN panel who agreed that an STF would be more suitable for DS. In his new school there are only 6 in his class and he loves it there.

[Astronaut1298]

@ThomasWasTortured thank you for sharing this with us. That is a huge help. We will be emailing the LA's Director of Children's Services too as it is clear they don't provide half of what they said initially.

After the EHCP was finalised, we were given a big list/table of what they will be doing to support DS i.e specific things such as allowing water play for his sensory, allow him to go into a sensory room everyday for a set amount of time, teaching makaton, using the picture boards that we use at home to communicate, but there is no mention of this in his daily diary where they write what he did in the day - just things like "he ate lunch, got upset when the class was singing rhymes, ran outside in the playground"

It is clear they are not meeting his needs and clearly not following the EHCP which is very detailed

[Astronaut1298]

@StreetSpirit3 i'm so glad your son is doing well now in the new school - and that the old school were supportive of your decision. It makes things a lot easier when they agree too. We have requested for the headteacher and SENCO to call us to arrange a meeting, which will be after the half term now

[ThomasWasTortured]

Can I suggest you photocopy the home-school communication book, so that if anything should happen to it you still have the content e.g. DS being distressed as evidence should you require it. 

Anything specified and quantified in F must be provided. This is where it is important for the wording to be watertight. If it is vague or woolly with wording such as “access to”, “would benefit from”, “opportunities for”… it isn’t enforceable.

[Astronaut1298]

@ThomasWasTortured I didn't even think of photocopying the book. First book ran out and the teachers kept it so will be asking for it and will start to photocopy the new one.

We will go through section F of the EHCP this weekend and see how it is worded. Thank you so much for your help with this

[cansu]

What Fififizz said. Make a list of potential schools and start seeing them. Don't wait for the school, LA or any professionals to tell you what would be best. Once you know where you want him to go, request an emergency annual review.

[cansu]

I think getting exclusion letters will help your case sad though it is. I would keep a record of all the times he has been sent home with times. This is all evidence that the school can't meet his needs.

[Astronaut1298]

Yes we are definitely keeping note of everytime they send ds home. We will be letting the school know on Monday that if they do ring us now to collect him, we will need a letter. Already dreading next week as first week back after half term is always difficult for ds and they would rather not deal with him.

Of course he's had moments this week where he's been frustrated, but we work hard to avoid the triggers. The school doesn't seem to want to learn about the triggers and how to avoid them. We are waiting for Monday to request an urgent meeting