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Sending Home ?? An illegal exclusion

bigbird1

Hello, Can anyone help ?

I am confused, can a school send home a child on the grounds of behaviour but not record this as an exclusion ?

My son's mainstream junior school has called me 5 times to pick him up and take him home on the grounds of his behaviour. My son has Asd and a statement.

Having done lots of reading online am confused as to whether these sending homes are illegal exclusions or  not ??

I cant see anywhere if schools can send children home without having to formally record the absence in some way ? Help !!

Thanks x

 

 

 

  • I don't know anything about the law, but my instincts tell me, your child has a right of education under law and to be excluded is actually the school breaking the Law. So the reason why it is not recorded as an exclusion is because the school knows this fact ! Constructive exclusion even worse !

    Why don't you phone up the school master and tell him, sorry for your sons bad behaviour but you have now spanked him ! Surprised .. talk about going back in time. !!!! Yell

    Seriously if your child has an autism condition,, maybe under these grounds the removal from school was part of his care plan at school so he was moved to a calmer familiar place, i.e home for this own safety(god, I should be a lawyer). So it depends on the context of the situation, but I think the school has too work with you on this one for the benefit of the child.

     

  • Thank you so much for your help

    I have found section 13, Informal or unofficial ie illegal exclusions, have quoted this in my letter of complaint to the governing body.

    The onus has been very much on me to be 'on call' which has been very stressful, never knowing when the phone might ring just being on high alert all the time ready to drop everything and go to school.

    I will make sure I read through all of improving behaviour and attendance and have been reading up on the Sen code of practice too.

    Thanks again for your time :)

     

  • Thank you everyone for your comments, much appreciated :) Thought I was going mad thinking this wasnt ok and looking everywhere for the legislation to cover this illegal practice !I couldnt find it......xX

  • Hi bigbird,

    Hope you are well Smile

    You are right in your research, they cannot do that. Even the Department for Ed agrees and that's saying something.

    Inform them to give you reasons in wirting as to why they sent your child home and complain if it was only due your child's behaviour and if it was linked to their additional needs; especially if the school could not support him as they should.

    You may wish to address it to the Headteacher and bring it up with the Board of Governors, though they might not be very supportive. Next step is the ombudsmon I think.

    Ask the NAS Education Rights (through the main NAS helpline, it may take a few days for an appt with them etc) if they could give you some help or your local SEN support group or the council's parent partnership

    Maybe someone else could give some pointers to you too.

     

    Take care and never give up!

    urspecial