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SEMH school decision

3 replies

Lilyt14 · 11/06/2023 07:54

Hi all,

This is a WWYD post in relation to a dilemma that I have regarding schools. Apologies that it’s such a long post, I didn’t want to leave out any details.

DD (7, year 2) has been hardly in school / on a drastically reduced timetable for a whole year now. She has neurodiverse traits but without an ASD diagnosis as there is also underlying trauma in relation to emotional abuse from her father (my ex) who she now only sees in a supervised basis whilst we are going through court proceedings.

After a long battle she finally has an EHCP with an aged specialist SEMH provision.

Two of the schools that were consulted with have offered a space from September and this is the dilemma.

School 1 state maintained SEMH, had a disastrous OFSTED a few years ago and has since been taken over by a new academy and had a new headteacher moved from one of the other academy schools. The academy have several other well regarded specialist school in the county. When I visited I was very impressed by the head teacher and the school. I can see how, compared to her current mainstream school, this school would be a massive improvement for her. Her initial class would be around 6 children and mainly play based learning to get her used to being back in a classroom. They have sensory rooms and what I feel is an attitude towards the classroom that is 100% what she needs. The key missing component however is bespoke therapeutic support. DDs EHCP has an item in relation to her being provided with “regular therapeutic support”. When asked how the school would meet this the head has told me this will be met by there general offer as the whole school is therapeutic, with regular emotional check ins and a PHSE being a huge part of the curriculum. They do not deliver anything individually for each child, such as play therapy, and would not consider this for DD (despite what is written on her plan ) as they feel the children benefit more from remaining alongside her peers inside the classroom.

School 2 is an independent SEMH with a focus on therapeutic intervention. They have in onsite clinical team (clinical psychologist, ed physch, play therapist) who work alongside teaching staff to inform the plan for each child. They also have everything that school 1 have.

LA of course have named school 1 due to cost. If I accept this, DD will begin transition plan soon, she’ll visit at some point in the next few weeks, and then have a transition day in July to start in September. If I want to go to tribunal for school 2 then, based on current wait times in my LA, it will likely be an additional year out of education.

I am torn, on one hand, I know that school 2 will be better in the long run, due the additional offer in relation to the therapeutic support. However, I can see how even a sooner move and being able to reintegrate back into education from September, is likely to make a massive difference to DDs quality of life. Her current school have continuously refused to provide her with anything above 1 hour per day in school due to a lack of funding. Even now with an EHCP for 30 hours, they are claiming that they will only pay for her to be in an alternative provision each day if the LA provide additional funding, which I know will not be a quick process!

For anybody that has made it this far… WWYD? Or if you’ve been in a similar position what did you do and how did it work out in the long run?

OP posts:
ThomasWasTortured · 11/06/2023 08:36

If DD is unable to attend school the LA should be providing alternative arrangements to ensure she receives a suitable, full time education under s.19 of the Education Act 1996. It is the LA with the statutory duty, not the school. Have they not been providing this? If they aren’t you can force them to, via judicial review if necessary.

When you say the current school have refused to have DD for more than 1hr/day are they formally excluding with official paperwork? If not, it is an illegal exclusion and you can email the HT to inform them DD will be attending full time unless formally excluded.

Are the 30 hours detailed, specified and quantified in a finalised EHCP? If so, the LA must ensure they are provided and you can enforce them, again via JR if necessary. However, if the EHCP isn’t finalised yet or the wording is vague and woolly with wording such as “access to”, “would benefit from”, “opportunities for”, “access to”, “regular”, “or equivalent”… it isn’t enforceable.c

If you do want to appeal the wait times are long, but it won’t be a year as appeals for those out of school are prioritised and you can request an expedited hearing. If you do appeal you should appeal B&F as well as I.

School 2 having clinical staff on site is worthless unless F details, specifies and quantifies provision from them. “Regular therapeutic support” is far too vague and woolly to be of any use. It doesn’t say what you think it says. School 2 may not provide any support from a clinical psychologist/EP/play therapist and you would not be able to enforce it. If DD needs support from them or OT/SALT etc. it needs to be detailed, specified and quantified otherwise she may not receive it.

I wouldn’t base my decision about school 1 on OFSTED a few years ago.

Lilyt14 · 11/06/2023 21:20

@ThomasWasTortured thanks for your reply, that’s all very helpful as I find this all a bit of a minefield still.

She had a fixed term suspension and then has been on a reduced time table since.

On the whole most of section F is very well specified, the “regular access to therapeutic support” is the only thing that isn’t as clear, which I guess is why it is the thing that isn’t possibly going to be met as I had hoped.

OP posts:
ThomasWasTortured · 11/06/2023 22:03

The school is currently informally excluding DD, which is unlawful. If you want DD to attend full time email the HT informing them DD will be attending full time unless formally excluded. Part time timetables should not be used to manage behaviour. Even if they were to be used that way, they should be short term (not defined but normally said to be 6-8 weeks) aimed at reintegration.

If you don’t want DD to attend full time, email the LA’s Director of Children’s Services informing them of the situation and requesting provision under s.19 of the Education Act 1996. The LA must also ensure anything detailed, specified and quantified in F is provided under s.42 CAFA 2014. If your email doesn’t work email again threatening judicial review. Then if that fails contact SOSSEN for help with a pre-action letter.

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