Lack of appropriate education

[SENDqueries]

DD is 10 and in a mainstream. Emergency AR held today.

We are at the point she has 100% attendance but when there she is not accessing any of the learning, they are lucky to get 15 minutes work out of her 8.45-3.15. She spends all day everyday in a room on her own with a TA. She doesn't get taught by a teacher. Does not interact with her peers. Has no friends. Completely isolated.

We can't get the medical evidence to show she cannot attend as she is physically attending. However she sure is not receiving any form of education. Could I argue this places the LA under duty as per section 19 for not receiving an appropriate education?

This depends on specifics of individual circumstances. It is not common and not easy. In a very small minority of cases, where it is not reasonably possible (in the legal sense) for DC to receive a suitable education at the existing school, LAs can still be responsible for ensuring DC receive a suitable (i.e. efficient education suitable to age, ability and aptitude, and any SEN) full-time education because the LA is responsible unless such arrangements are made for them. So if arrangements for a suitable education are not being made for them, s19 can apply. If, however, the LA has arranged for the provision of education which is suitable for and reasonably practicable (in the legal sense) they don’t have a duty to provide alternative education.

Why is DD taught on her own all day? Why is she only doing 15 mins of work a day?

Thank you. She is unable to enter the classroom at all, she won't go in and her anxiety is too overwhelming. When we pushed it before half term she ended up suspended 1.5 days.

Work wise she just won't engage, they want her to do 10 minutes of maths and 10 minutes of English. The English is a bit more consistent but more often than not she is not doing the maths. She doesn't get any other subjects.

So she's physically in the building but she's not getting any form of an education.

The school could be doing more. Why are they not looking at what DD can engage with? There is more to school than English and Maths or even academics at all. Is there anything detailed, specified and quantified in F of the current EHCP which isn’t being provided?

Do you think DD is actually able to attend school?