Urgent advice needed from teachers! Whats my legal standing?

[SongforSal]

Help!

This may be outing, but I am past the point of caring.

As not to drip feed, this is the background.

My DS13 had childhood absence epilepsy. He has been symptom free for 2yrs, although his consultant in Oxford has warned he may yet get further seizures. Due to having dozens of absences every hour around the clock, he became academically behind, as he was effectively 'unconscious' standing up, ergo missing vital pieces of information.

Whilst at primary we had him assessed in YR6. The educational psychologist issued a report to say he was Dyslexic, and recommended a statement. We have been fighting ever since, and are getting no help.

DS is now in his third year of secondary. Almost on a daily basis he receives a detention-not for anything malicious, but what is deemed as unacceptable behaviour, talking, answering back etc. He gets a talking to at home to. However, sometimes the detentions are for reasons which I can't fathom, an example being a couple of weeks ago during a 2hr lesson, he urgently needed the toilet. The school has recently changed it's policy that children can not be excused for toilet breaks, they must go in between lessons. He told me he thought he was going to have an accident after trying to hold it in, and literally had to run out of the classroom. This resulted in an after school detention.

Moving onto this week, he has received another after school detention for talking and not concentrating in class (he finds it difficult to keep up with writing due to his dyslexia). I contacted the school to say he could not have an after school detention that evening, as his Dad was working away, and I was also 20miles away at work and would not be able to collect him in time (we live in a village location and he relies on the school bus). The deputy head told me if he failed to turn up to the after-school detention, he would received a 'Head' detention this Friday. When I explained it was impossible for me to collect him, I was advised if he failed to attend that, they would exclude him!

I am at a loss! Can a school exclude a child because I cant psychically collect him? All I need is a little notice for an after school detention, and I can arrange something, but this is too short notice. Does anyone know what our rights are?

Also sorry for protracted posting but legally I don’t see what you can do -if it’s really bad and you don’t get anywhere with Senco etc I’d look for new schools before he starts his GCSEs but I know that’s not easy.

It seems really unfair to me.

ragmayo Thankyou! I feel so sorry for him (yes, I know other posters on here have the view I should kick him up the arse/i'm a shite parent for not conforming to the totalitarian policy of the school weighed against his needs). But bugger it. This isn't O.K. School systems do not fit every kid in the mainstream. My eldest DD has just gone to one of the best Universities in the country. She adored school. And was very able. Her brother isn't academically fitting in, and it's making him dread school. If I had the bloody money I would send him to one of the best private schools......or even home school him if I could afford not to work.. It gets me that frustrated.

It's shit. Teachers know these kids need more.

But with so few TAs, so little funding and class sizes going up and up its so bloody hard and trust me, most of us feel like we let kids down despite our best efforts.

You still haven't explained why he can't get a taxi?

Thanks MissMarples

No way would I fork out a small fortune for a taxi! It’s a detention for being chatty not a court summons.

OP - just report your own post to MN and ask them to move it

You might need a different thread title as well , one that makes it clear what your issue is

I do get it from both sides, getting behind, having dyslexia makes education more difficult but talking in class is ruining other kids education so discipline is appropriate. It's unreasonable with a school bus situation to insist on afterschool detention. As to the toilets - kids need to go at break, unless they have a medical condition, two hours isn't that long, I can understand the teacher getting frustrated as kids ask to leave rather than giving up their break. As far as the dyslexia support, they changed the rules three years back and those at the milder end of the spectrum lost dedicated support, we had a letter.

Ps I have one dd with absence seizures (and other kinds) and another who is dyslexic - but improved dramatically around 14 when she discovered she liked science

Here’s what the government says about detentions:

School staff should not issue a detention where they know that doing so would compromise a child's safety. When ensuring that a detention outside school hours is reasonable, staff issuing the detention should consider the following points:
• Whether the detention is likely to put the pupil at risk.
• Whether the pupil has known caring responsibilities which mean that the detention is unreasonable.
• Whether the parents ought to be informed of the detention. In many cases it will be necessary to do so, but this will depend on the circumstances. For instance, notice may not be necessary for a short after school detention where the pupil can get home safely; and
• Whether suitable travel arrangements can be made by the parent for the pupil. It does not matter if making these arrangements is inconvenient for the parent.

So if the school is saying that it doesn’t matter that it’s not just inconvenient but actually impossible for you to make travel arrangements, then you need to direct them towards the government guidance:

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/488034/Behaviour_and_Discipline_in_Schools_-_A_guide_for_headteachers_and_School_Staff.pdf

Re: reading out loud in class. It should be written on his learning plan, or whatever document is given to teachers about his SEN that he should not be asked to read aloud in class. I teach several pupils where this is specified.

Op if it makes you feel any better some private schools are shit for SEN pupils - as always it’s the particular school rather than the sector. There are state schools that would be dealing with this situation better - I work in one.

I'd book a taxi and make dc pay for it rather than it be escalated to exclusion. Good your mum has offered to pick him up though

Has anyone assessed your son to see if there are any neurological issues affecting him?

Might be a shot in the dark (I'm not a neuro specialist but I am an HCP), it's just that some of the things that you describe could indicate issues around impulsivity, processing, attention and concentration difficulties which could be linked to dyslexia but might also relate to his history of epilepsy (if I was assessing your son in school, these things would make me want to do further assessments).

It's hugely concerning for me that some teachers are so ready to label him as badly behaved and go down the behavioural management route rather than try to work out what is going on and offer support. Thankfully there are others who seem willing to look beyond the superficial but it's a shame that limited resources don't allow the correct support to be put in place.

Little wonder that we see so many adults in mental health and criminal justice services who have undiagnosed SpLD.

As long as the school have given adequate notice, he should do the detention. However, I have moved detentions for various reasons - so not sure why the school wouldn't do that. But I think I read that you've sorted it now?

The lights/toilets/talking thing, I completely agree with the school. They just see him as misbehaving and he is getting the correct consequence.

In terms of his support (which is not enough) you need to get a meeting with head of year and the SEND department. Then they can come up with strategies to help him learn. Asking a severely dyslexic student to read out loud is not ok! I can't remember if you said the school had a copy of the report the EP did?

God people talk some rubbish don't they?

I'd get this moved to the SEN topic OP where you'll get some answers from posters who understand and don't just want to stick the boot in. He clearly has issues that need addressing and I don't think I punishing him is the way to go - you're doing just fine so be guided by your instincts on what is right for him

FFS. What is wrong with some of you, we're talking about a child here. In my school, parents are given notice of an after school detention and arrangements are made of, for whatever reason, a parent cannot collect on the suggested dates. We just use a bit of common sense. It's a school not a fucking prison.

A bit of common sense?
A secondary school may have well over a thousand students. They can’t have parents dictating when a student should do a detention. Teachers have parent evenings and meetings and other commitments.
Kids need to avoid detentions. If they get them then it’s up to the family to sort transport. (Taxi, stay at school after DT, family or friend help out, go to a friend’s house after school.)

I've been working in a zero tolerance academy recently and it feels like a prison.

I really do despair of the current education system and the lack of understanding, emotional intelligence or empathy from some teachers.

The whole situation is very worrying and I'm not sure what the long term implications of this zero tolerance/ academy school culture will be.

Yes they can wolfie

‘I’m happy for Sam to do this detention but could we rearrange it from Tuesday as Sam has an orthodontist appointment to another day in the week?’

Perfectly supportive and polite.

Not when staff have multiple after school commitments. And the parents who want detentions rearranged? It’s never an appointment they would miss. Just a different day would suit them better.
Maybe it would suit the teacher and the rest of the class better if students didn’t play up and end up with a detention?

Anna my ds is at a academy with zero tolerance. You are right, it is feeling like a prison. So to update, we have had serious talks. By all accounts he had a great day thursday. Not sure what the hell happened yesterday though, he was stopped by a male teacher in the hallway who taught him earlier in the week and told a text had been sent home to let me know he had another afternoon on Monday. I tried to call the school when I got home yesterday, but it went to voicemail. Ds claims the only things he can think of was being told off for running to his locker in the coridor, and Wednesday afternoon he said he got a royal telling of for forgetting his logo pe socks (he had the rest his pe kit) I have arranged a meeting for next week.

Sorry, that was supposed to read another after school detention.

Didn’t the text that was sent home give the reason for the detention?