Part time timetables/illegal exclusions

[Merlin40]

Posting in here as looking for a better understanding than I have. We very occasionally use part time timetables on a short term basis for students who are really are not managing full days (i.e. Multiple FTEs in short space, risk exacerbated by long days) whilst seeking extra support (e.g. an external temporary place elsewhere or extra funding for higher level of support in school), and am aware of the guidance re parents agreement, written consent, short term only basis, last resort etc, but have seen a few people on here recently state it is always an illegal exclusion and may never be used?

I've read the school attendance guidance from the Dfe and that states they can be used in exceptional circumstance. The IPSEA guidance says it is unlawful even if parent agrees etc. Is that guidance wrong?

Just looking for clarification if anyone has a better understanding!

DFE says:
'Can a school place a pupil on a part-time timetable?
As a rule, no. All pupils of compulsory school age are entitled to a full-time education. In very exceptional circumstances there may be a need for a temporary part-time timetable to meet a pupil’s individual needs. For example where a medical condition prevents a pupil from attending full-time education and a part-time timetable is considered as part of a re-integration package. A part-time timetable must not be treated as a long-term solution. Any pastoral support programme or other agreement must have a time limit by which point the pupil is expected to attend full-time or be provided with alternative provision.
In agreeing to a part-time timetable a school has agreed to a pupil being absent from school for part of the week or day and therefore must record it as authorised absence.'

IPSEA says:
'‘Informal’ or ‘unofficial’ exclusions, such as sending pupils home to cool off, are all unlawful regardless of whether they occur with the agreement of parents or carers. Too many children and young people with SEN and disabilities are excluded illegally. This can occur when parents are asked to take or keep them at home from school without proper notification that it is an exclusion. This commonly includes picking them up from school early, at lunchtime, not coming in on certain days, or only being in school on a part-time timetable.'

We have done them before for short periods-with parental agreement. The child has been put on a pastoral support plan and the LEA have been fully aware. We have used them when the child is at serious risk of being permanently excluded and whilst we were applying for an EHCP.

Ditto - we've used in similar.

There is a certain element of judgement on what is meant by 'long-term,' that ought to be more clear really.

I agree - I read some 'good practice' guidance which said no more than half a term, but nothing official.

My DD is on short days (leaves at 2.30pm) there has been no mention of how long this will go on for.

The school wanted to put her on a 16 week behavioural programme and if DD didn't improve they would perm exclude her but as she has only recently been diagnosed with ADHD and ODD and waiting for the assessments for ASD and only started her medication in December which has been changed twice since then I felt this route was too harsh and we agreed to early finishes which have improved her behaviour/concentration/fidgeting.

This has all been agreed with the head of year, no senco involved and when I asked about ehcp she said there would be no way the school would apply for one but I could do it myself.

DD is 13

DS1 is on a modified timetable (70%) while he recovers from long-term mental illness. He is in the sixth form and only misses study periods. This was very much initiated by the parents (us) backed up by his consultant - the school were not keen at first. It's a temporary but necessary measure because full time education would currently be harmful to his health.