EBSA and school not authorising absences

[MistakenHoliday]

Hi everyone, really hoping someone can advise. Our DD (10) is awaiting assessment for ASC and had a CAMHS referral for anxiety which is primarily linked to school. Attendance is low because of this and we’re accessing an Early Help Plan to support us working with school to help her. This is something the school have been suggesting for months. She’s on the SEN register for SEMH (after a huge battle where the Head’s hand was forced) and we’ve been told that this is for ‘one cycle only’. The Head doesn’t believe she has SEMH needs and maintains she is fine when in school. What the Head doesn’t see is the meltdowns and shutdowns and extreme anxiety at home. The Head is in a pattern of suggesting that our parenting is the issue.

DS has had some days where we couldn’t get her in to school and we’ve made the decision that it is better for her mental health to be at home. Some of these have been approved by school. The most recent ones haven’t. When we’ve queried, the Head has told us that this is because they think she’s fine when he’s in school and has support in place. One of these days was when we sent her in for an external therapy and picked her up afterwards because her grandmother had died the day before and she was distraught.

Can anyone advise where we stand on this? I know the Head can make whatever decision they choose but can’t see how it’s justified when there are so many flags related to DD’s mental health related to school. It feels like the Head thinks we’re making it up. We’re obviously not. If im
honest, I’m starting to think that the Head’s behaviour is deliberate bullying of us as parents. They have form for this. But DD has said she couldn’t cope with changing school so we need to see this through.

Has an EHCNA been requested?

Request a meeting with the SENCO. Follow it up with an email so you have a paper trail as evidence should you need it at a later date. The school needs to be providing more support. They have a duty to make their best endeavours to meet DD’s SEN and must make reasonable adjustments.

Ignore the HT suggesting this is a home problem. Appearing to be fine in school and exploding &/or shutting down at home signifies unmet needs at school. If school life was easier, home life would improve too, the HT is fobbing you off.

How many days is DD missing? If DD is unable to attend school, the LA has a duty to ensure she still receives a suitable full-time education. This should begin as soon as it becomes clear 15 days will be missed. The days don’t need to have already been missed or consecutive. And provision should begin by the 6th day of absence.

The absences where DD has been unable to attend because of her mental ill health must be authorised. The Regulations (School Attendance (Pupil Registration) (England) Regulations 2024) make it clear where a pupil is absent because they are unable to attend due to sickness the absence must be regarded as authorised. DfE’s statutory attendance guidance also states absence because of illness (physical and mental) must be coded as I.

Medical appointments should be coded as M. Bereavement can be coded as C.

Everything @StrivingForSleep has said.

This was my dd two years ago, right down to accusations of it being a parenting issue (we even had to do parenting courses to be put on the diagnosis pathway).

I challenged the unauthorised absences, and the senco raised it with the attendance team. Emotionally based school avoidance is an anxious reaction to being in school. This is a mental health issue (regardless of whether neurodivergence is root cause) and should therefore be classed as sickness absence - particularly if you can evidence she's on the pathway awaiting assessment.

Definitely ask if the school will submit an ehcpna application, and if they won't, then submit one yourself and let them know you're doing so. All the early help stuff will be good evidence that she has unmet needs, as will her attendance figures. The ehcpna will mean an EP will be able to observe her and will undoubtedly pick things up that the school won't/ can't.

Our dd now has an ehcp in place, the school has an excellent understanding that she masks her anxieties, and they/ we know the kind of things that cause her anxiety. She's absolutely thriving with additional support and is back attending school regularly. There is hope, please don't let them make you give up.

Good luck.

Thank you both so much for your advice. We’re in the process of completing the EHCNA as parents; school have said they won’t support as they’re too busy with other applications that they are prioritising. If I have to go on another parenting course or have another meeting where I’m advised to use a reward chart I think I lose my mind.

In terms of days absence, there 8 sessions unauthorised but other sessions that have been authorised. It’ll definitely total 15. I’ll get in touch with the LA about provision.

We’re in the position now when we’re sending her in against our better judgement so we don’t go down the prosecution road. The Head has made it quite obvious that this is where they’re going.

On their website, IPSEA has a model letter you can use to request an EHCNA. They also have one for you to request alternative provision.

You should challenge the unauthorised absences.

That’s really helpful, thank l you.

We’ve challenge the unauthorised absences and got nowhere so we’re now at a complaint to governor level. When we challenged, we referenced all the DfE guidance about absence due to mental health. We’ve even been in touch with the LA attendance team who have said that the advice the Head claims to have been given by them is wrong. The Head just doesn’t care.

I think the only other thing to do now is crack on with the EHCNA.

You could look at legal action if the headteacher won’t authorise absences.

I think that this is the direction we’re heading in, if I’m honest. We found some precedent on the Not Fine in School website to begin with and are looking for SEN solicitors. School is all of a sudden being very helpful and accommodating since we made our complaint but the absences are still unauthorised.

Thanks for your support

I wouldn't force your daughter into school if she can't cope. I did that and my daughter ended up very mentally ill. I gave up the fight and am now home educating. She did have a reduced timetable, but not reduced enough and it was too little to late. She was frequently very late to school due to meltdowns and the school was threatening to fine us. My husband was keen to see the LA in court, having dealt with similar cases through work he knows the magistrates in our local court take a dim view of the LA pursuing parents like this.

As well as requesting an EHCNA and challenging the unauthorised absences, have you requested alternative provision from the LA?

I doubled check and were currently at 13 days absence so haven’t asked the LA for alternative provision but it’s on my radar to do in the future.

@Gherkintastic I’m so sorry your daughter has gone through this too; it’s such a lonely place to be. We’ve been told similar to what your husband felt by our LA school attendance service. Someone I spoke to at the LA said that any referral the school made would be sent straight back because it would be so ridiculous. I suppose that’s what’s so frustrating in terms of school perusing it - it makes no sense and feels vindictive.

We’re going to regroup around Monday and make decisions that are kinder to her. We’re so conscious of causing trauma or making her feel that home isn't safe and all that is at odds with school’s - and the local children’s cluster’s stance.

Request alternative provision now. You don’t need to wait until 15 days have been missed. Provision should be provided as soon as it becomes clear 15 days will be missed and should begin by the sixth day of absence.

Do you have the conversation with the LA in writing? If you aren’t already doing it, following up verbal conversations with emails is a good habit to get into so you have a paper trail as evidence.

This is brilliant advice @StrivingForSleep thanks. I’ll get in touch with the LA on Monday and make sure I keep a (better) email
trail from now on.

You might find the information here helpful.

https://www.ipsea.org.uk/school-anxiety