School support, advise needed

If your child is sent home it is an EXCLUSION and you must be notified in writing of the reason. Sending a child home at lunchtime is legally the same as a half-day exclusion.  Informal exclusions are illegal. Insist on a meeting with the Head Teacher and if possible bring an advocate or friend with you. If the school cannot cope with your child's needs within their existing resources, have they applied for an EHCP? Remind them that they are not allowed to refuse your child an education pending an EHCP. Tell the Head Teacher that you will contact the Exclusions Officer at your local education authority and report each incident as an illegal exclusion. Remind the school of their duties under the Equalities Act. If the Head is not co-operative write to the Chair of Governors - the contact details must be on the school's web site. There are law firms that specialise in SEND cases - it would be courteous to allow the school a week or so to address your concerns, but a solicitor's letter will concentrate their minds and that of the local authority.

Thank you so much for this information. We were not notified formally. This decisions were made through verbal discussions. The school will be applying for EHCP, this spring term. I will speak to the head teacher about this, before now my discussions are always withe the SENCO. Thanks again.

" Good discipline in schools is essential to ensure that all pupils can benefit from the
opportunities provided by education. The Government supports head teachers in using exclusion as a sanction where it is warranted. [...]
• Disruptive behaviour can be an indication of unmet needs. Where a school has concerns about a pupil’s behaviour, it should try to identify whether there are any causal factors and intervene early in order to reduce the need for a subsequent
exclusion. In this situation, schools should consider whether a multi-agency assessment that goes beyond the pupil’s educational needs is required."   [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/315587/Equality_Act_Advice_Final.pdf

I am an Independent Social Worker and former Education Welfare Officer, and also a school governor. I have some sympathy for schools, who are often not properly funded for SEN - but the law must still be obeyed. Many "adaptations" are to do with systems and attitudes and are relatively cheap to implement. Interventions that support neurodiverse students usually benefit neurotypicals too. A lot is about staff attitude, which in turn depends on the attitude of the governing body, headteacher and senior leadership team.

" Good discipline in schools is essential to ensure that all pupils can benefit from the
opportunities provided by education. The Government supports head teachers in using exclusion as a sanction where it is warranted. [...]
• Disruptive behaviour can be an indication of unmet needs. Where a school has concerns about a pupil’s behaviour, it should try to identify whether there are any causal factors and intervene early in order to reduce the need for a subsequent
exclusion. In this situation, schools should consider whether a multi-agency assessment that goes beyond the pupil’s educational needs is required."   [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/315587/Equality_Act_Advice_Final.pdf

I am an Independent Social Worker and former Education Welfare Officer, and also a school governor. I have some sympathy for schools, who are often not properly funded for SEN - but the law must still be obeyed. Many "adaptations" are to do with systems and attitudes and are relatively cheap to implement. Interventions that support neurodiverse students usually benefit neurotypicals too. A lot is about staff attitude, which in turn depends on the attitude of the governing body, headteacher and senior leadership team.