DS14 permanently excluded for drugs

[winterrabbit]

DS is 14 (year 10, diagnosed with ADHD) and was excluded for 5 day last week for bringing edibles into school and eating them with another friend. We've been told the exclusion will be permanent but the school is trying to arrange a managed move to avoid this. Although I've been in email contact with the Head of Year 10 all week, I haven't received any paperwork from the school nor had contact with the headteacher. (it's now been over 5 days since DS has been excluded). Obviously I'm worried sick and trying to work out next steps. The Head of Year 10 said that they'll give it another week to find a managed move before they'll permanently exclude him. I have no idea what the likelihood of finding a school that we're happy with is so can't work out if that is likely to be an option. Obviously this is disastrous for DS as he had just started his GCSE courses, however, this is the latest in a long line of things he has done although nothing related to drugs although he has had several 2 day exclusions for vaping, another for truancy and others for not following instructions. The school have tried to support him and were in the process of submitting an EHCP for him to get extra funding which they'll now submit next week. I'm not hopeful here but I wondered if there was point in trying to ask the head for another chance (I actually already asked the Head of Year 10 this and she said no) or even appealing the decision, but I can't see how we'd be successful given that drugs were involved. DS just stands to lose so much as he could end up either in a PRU or a much worse school where he'll probably continue on a downward spiral, not to mention all the stress and alienation that goes with a permanent exclusion. He knows he has done wrong but obviously it's too late now. There is also the status of the edibles that he brought into school. I've tried to get him to tell me where he got them and claims he and a friend found them in a hedge. The school does not seem to have retained the packaging so I am not sure how they can definitely establish they are edibles of the illegal variety although DS told me that he and his friend felt "high" so it sounds like they work. I know I am clutching at straws but wanted to ask for constructive thoughts and advice. Anyone looking to have a dig or make mean comments, please DON'T!

Op, drugs aside - honestly, how was he getting on at the school? Behaviour? Academically?

By bringing them him, he consumed and supplied. That adds another dimension to it

Op I remember your name.

you have started multiple threads where your DS has been on the verge of permanent exclusion. For many different matters.

i think the first step is to accept that it is right he is excluded. So not to fight the school, so you can channel all your energy in to the next step. Whatever that may be

Did they actually have any knowledge of what they were picking? They could have poisoned and killed themselves! I wouldn't be convinced they knew what they were doing at all, they could have picked anything and easily convinced each other that they felt 'high'! I guess that doesn't really change that he is going to be excluded now though, I think all you can do is accept that this school isn't working for him any more and find out what all the options are.

Is DS medicated for ADHD?

Academically he was doing well, top set for everything, good predicted grades. Behaviour not good. He was in with a group of boys that seem to make it harder for him to behave.

Yes he is medicated but we had just switched medication as the first one we tried didn't have any impact, so he was on a very low starter dose.

I have no idea if they knew what they were taking or where they got it from.

Correct, however, he was put on a behaviour plan in the spring term and made a lot of improvements.

I wouldn't try too hard to get between your son and the consequences of his actions OP, esp when it comes to drugs. ADHD does make it harder to make good decisions but it doesn't prevent you learning from your mistakes. If you shield him from this, what do you think the next incident will be?

Honestly a managed move is a good outcome for drugs use in school. And if he's already in with a bad crowd then a fresh start may help. Getting a EHCP in place is vital though, so maybe talk to them about getting that submitted.

Why hasn’t an EHCNA request been submitted well before now?

It is unlikely speaking to the HT will make them reconsider, most permanently excluded for drugs.

The lack of paperwork suggests this was an illegal exclusion. What you should have done is said unless DS is formally excluded he will be attending school.

If DS had been formally excluded for 5 days he should now be attending again. If DS is formally excluded for longer or has been permanently excluded alternative provision should be made.

Also, a fixed term exclusion/suspension can only be converted to a permanent exclusion in exceptional circumstances such as additional evidence coming to light.

Thanks Untitled. I completely agree and this is totally on him. I still can't understand why he did this. The only reason I want him to stay is that he has built good relationships with pretty much all his subject teachers and head of year 10 and I feel they got him and were supportive plus, IF he gets another school place, it's likely to be in a worse school with less support and he loses all those positive relationships he has. Obviously he needs a shock and a massive change in behaviour but I'm not sure excluding him will do that.

Very good question. He is bright so I think teachers think he manages well. He has always had issues with behaviour. Looking back I wish I had applied for one in primary as it may have saved all this. I am reasonably optimistic he will get one now but it will no doubt take months.

In terms of process, can I challenge the exclusion on the basis that they haven't followed process? I haven't written any paperwork at all nor spoken to the head. I've been chasing for updates on the managed move all week and feel a bit fobbed off. He was sent home around midday on 30th September.

You could have applied for an EHCNA yourself. I think you were advised to on previous threads.

You need to read up on what should happen and get tougher. Start by reading the exclusion guidance and IPSEA and SOSSEN’s websites. If you weren’t given the written information without delay DS should have been in school. You need this exclusion to be formally recognised otherwise a) the situation could drag on without DS being provided with alternative provision, and b) you need it as evidence for the EHCNA.

Yes, you can include not following due process in your written representations and raise it at a governors meeting, although it may be the exclusion is upheld anyway.

DS has admitted to trying weed in the past and I know he has vaped but I have no evidence he is taking other drugs. I just don't know what he is going during this time and I am obviously worried sick. He has started missing all his clubs, tutors that I've arranged and paid for

you posted this In June. And now more drugs.

op if i were you, my concern would not be about challenging a school wanting a permanent exclusion after him being close to permanent exclusion according to other thread you started a number of times in the past.
instead as your focus needs to be fact he seems to be embarking on a relationship with drugs that is developing and growing.

don’t Waste you time (or the school’s) on this. If not now, I think you know that it is inevitable at some point. So the focus should be getting the assessment, getting him away of his peers and the drugs and finding somewhere for him.

at this point, would you be able to move to a different area? Drastic but I think might be your only option

Yes, I will do all of that but DS still needs to be in education. We're in London and it would be a massive upheaval to move plus I have no idea if that means we could get him into another school or not plus his school file will follow him wherever he goes. We are looking at boarding schools but with his reference it's unlikely that they'll take him.

I’d get him out of London op. I’d move.

Given the history, the fact he’s out until very late and you have no idea who or where and the drugs - I reckon a major upheaval is needed

i know it’s horrendous and I hugely sympathise but I do not think there’s much else you can do

To be honest, I didn't think he'd meet the criteria. It's only when the school suggested it that I thought he had a chance.

In terms of process, I was trying to keep the school on side and reach agreement with them but it has struck me as odd that we've had no formal communication on this. Presumably it's because they are trying to arrange a managed move although we've had no news on this as well so just feel in limbo.

Other than moving house, what can I do to get help for DS? We've tried counselling, mentors etc

Boarding school? If you have refunds for private you could do a private tutor until you have sorted a placement

You won’t get him in to boarding school
I meant a school more suited to his needs

DS does meet the criteria, and you were told that, but you can’t change the past now, so you need to submit an EHCNA request yourself ASAP.

If you allow the school to illegally exclude DS alternative provision won’t be provided and the school will continue to act unlawfully. DS has a right to a suitable, full time education. You need to advocate for him and enforce his rights. You should have had written information about the exclusion and alternative provision should be in place.

I wouldn’t be moving LA. If you move LA the new LA are likely to want to wait a while before undertaking an EHCNA. There is a higher chance of the current LA agreeing to an EHCNA without having to appeal than there is or a new LA doing so. Yes you could and should appeal the refusal but the wait for Tribunal is a year, so it won’t be a quick fix.

No mainstream independent school is going to admit as this is the second permanent exclusion.

DS needs proper assessments, therapies and alternative provision, and most likely specialist provision. He also needs involvement from the young people’s drug and alcohol service.

You don’t need to pay for tutors, DS has a legal right to alternative provision or to be in school full time if this is an illegal exclusion.

Yes, you may be right although I'm not sure he won't have the same problems outside of London. What about county lines etc? Plus I have 2 other kids and it would mean a huge amount of upheaval for them too so a lot to take into account.

DS was asked to leave his previous school so it was not recorded as a formal exclusion plus it was a private school so it doesn't count as a permanent exclusion as such. Likewise, if we don't get a managed move then we may withdraw him from school to avoid a permanent exclusion. It will still be really hard trying to find him another school as any new school can obviously read between the lines but officially they cannot hold these against him.

The school is about to submit an EHCNA. If they don't then I will. It's being made to the LA that we live in - the school is in a different LA. I really hope that he does meet the criteria as that will be a game changer for us. Does that allow us to name and get priority into a school?

When you say he needs an alternative placement, what do you mean by that? Once he leaves this school, without an EHCP, his options will be another, worse school or a PRU, none of which sound good. Also, how do we access counselling and help with drugs etc? He has had mentoring through school.

but officially they cannot hold these against him.

This is incorrect. The admissions code allows schools to refuse in year admissions if the school believes the pupil may display challenging behaviour and they have a high proportion of pupils with challenging behaviour or previous permanent exclusions compared to other local schools and they believe admitting another pupil with challenging behaviour would prejudice the provision of efficient education or use of resources.

Not offering a place would be much easier in the independent sector as well.

If the LA issue an EHCP you will get to name your preferred school and unless it is wholly independent the LA must name your preference unless they can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.

When you say he needs an alternative placement, what do you mean by that?

For now DS needs alternative provision, there are various providers of AP, from care farms to PRUs to home tuition. If/when he receives an EHCP it is likely he needs a specialist placement i.e. a special school, the EHCP may also include some form of AP as well.

Also, how do we access counselling and help with drugs etc? He has had mentoring through school.

Therapies can be provided via an EHCP. But you need to find your local young people’s drug and alcohol service, you should be able to find contact details by googling. Really you should have done this before now.

I am aware that they can try to withhold a ground on this basis but understand that the bar is quite high and open to challenge. I was referring to a rule that says if they've been permanently excluded once (I think it may even be twice) then schools don't have to offer you a place.

I have googled support for teenagers with drugs but haven't found much other than hardcore residential addiction centres or help via the local authority, which I think is similar to the mentorship he has had via school (Insight) and wasn't massively helpful. I was wondering if there was anything else on offer as you seemed to suggest that there is loads of help and resource for kids in this situation when I am actually finding the opposite.

Also, the challenging behaviour itself is not the basis on which they can withhold the place - it's the fact that they lots of other kids with challenging behaviour and taking one more would be detrimental. Other than that, unless a child has been permanently excluded (once or twice) they have to offer the place, if they have one available. That is my recollection of the admissions code.