Published on 12, July, 2020
Why do special schools mistreat students who have been expelled from mainstream schools and then present themselves to parents, particularly immigrant parents, as a 'benefit' for their child's needs? It's unfair that children with mild learning or behavioral difficulties are treated this way, especially when immigrant parents may be unfamiliar with the school system. A friend of mine, for example, has ASD but is academically capable of thriving in a mainstream setting. It seems unjust that children like him are denied the opportunity to choose their school, and decisions are made without fully informing the parents, as happened when his mother was called in to speak to the headmistress. He had to wait for 2 years to get back to mainstream education. although he was his happy self like he was when he attended mainstream school he still suffers from depression and feel like he was mistreated as there were students who were more severe than him had the chance to attend mainstream school at year 7.
Every school has to have a safeguarding procedure - if a child is being "mistreated" contact the Designated Safeguarding Lead or the Named Governor for Safeguarding, or call the Education Authority.
If a child is excluded / expelled there are processes - appeal to the Governors, appeal to a LEA Exclusion Appeals Panel, or, if the exclusion is disability relared, SENDIST can overturn it.
Special schools usually require a student to have an EHCP, which includes consultation with the parents - if the parent is unhappy with the named school they can ask for it to be reviewed. An EHCP should be reviewed anually, which is another chance for parents to raise issues/concerns.
If " decisions are made without fully informing parents " the rules are not being followed. The redress is through SENDIST, Ofsted, the Local Government Ombudsman ... depending on the circumstances.
Schools do get things wrong sometimes. At a time when SEND budgets are overspent, it is not always possible to get an ideal fit between kids' special needs and the resources available. If you feel the school (usually SENDCo or Headteacher) is not listening, go "up the chain" to the Named Governor (SEND), Named Governor (Safeguarding), or Chair of Governors. Or contact the local authority SEND team and ask for an urgent EHCP Review.
This is not specific "advice" just a factual list of the mechanisms that parents can use.
If a student is expelled, there is a right of appeal, first to the governors, then to an independent panel appointed by the local authority. If the excusion is related to disability, or if reasonable adjustments were not made, there is also the possibility of appealing to SENDIST, which can overturn an exclusion. The exclusion letter should include details of advice organisations including IPSEA.
To get a place at a special school usually requires an EHCP. Again, the parents are consulted, can see the draft EHCP, and comment on it. Schols might "mistreat students" but parents should advocate for their children, and use the various appeals processes. If the school informs the parents of their right to "make representations" to the governors, and the parents don't exercise that right, the school will assume that the parent at least acquiesces with the decision.
The Excusions Panel consists of independent governors (from other schools) , an independent Head Teacher (from another school or retired) and SEND experts. They review the original exclusion and any representations made to the governors of the school. But the parent has to start the process. My question would be this: Did the parents actually contact the free support services available described in the exclusion letter, or talk to the local authority's SEND parent advice service? Did they meet the governors? Sadly, we know that with limited resources it is the squeaky wheel that gets the oil ... If you don't get advice and exercise your rights, sadly nobody else will do it for you.