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Daughter struggling to attend school, EW potentially pursuing prosecution

NAS78508

Hi all,

My wife and I have three high-functioning autistic children, and are currently experiencing extreme issues with getting the youngest (8) into school. She hasn't really enjoyed the school environment for years, but things have become much, much more difficult since schools reopened mid-pandemic with such an extended time at home.

If she's in for four half days in the same week, we consider that something of a win at the moment, to be honest; two part days is probably the average. Her attendance dropped to the point where we're a few months into meetings with the headteacher and an Educational Welfare rep. Frustratingly, we feel that they are both disregarding the autism diagnosis to a certain extent, and view it as a simple case of us not trying hard enough to get her in. The school have in all fairness offered very welcome concessions and help (including sand tray therapy, some opportunities to sit outside of class or leave when needed, and a 'worry journal' - which we do not have access to), but the EW rep is currently refusing to issue an EHCP because our daughter is in school so little. At our request, the school SENCO has finally started attending meetings, but she tends to side with her boss.

Last week, our daughter got to school on time for the first time in literally months - and had a panic attack on arrival. She started to hyperventilate, but fortunately, my wife was able to calm her down. We feel like we're rapidly running out of options, and need some help. We're currently trying to get some sort of note from the doctor regarding the school anxiety (to be clear, she does have a formal autism diagnosis).

We've tried rewards, and we're regularly trying to get her to tell us exactly what is making her anxious. The former has little impact, and we've only had limited success with the latter. Every autistic child is different of course, but... does anybody have any suggestions for how we can help her feel better, and encourage her to attend? Any suggestions of things we should bring up at these meetings, or help we can seek? I'm already planning to ask if they've issued staff with autism awareness training, as teachers and TAs appear to be inconsistent in this regard. Have you had a similar experience?

Sorry for the long post. Thank you for reading, and any suggestions very much welcome!

Parents

  • The Education Welfare Officer cannot block an EHCP request - as a parent you make a request in writing to the local education authority, and if they decline you can go to the SEN and Disability Tribunal.  However, the education psychologist might claim that they cannot assess your child if they are not in school.

    The SENDCo's "boss" is the Head Teacher, but the SENDCo is also an independent professional with a legally defined role. Every state school has a named governor for SEND, and if you have complained to the Head Teacher and not got a satisfactory response, you can write to the Chair of Governors or named SEN Governor. A recorded letter marked "private and confidential" to the school address, or " Chair of Governors, XYZ School, c/o Head of Governor Services. ABC Education Authority ... " should get through. By law, every state school must publish details of the governors, the SEND policy and other information on the web site.

    The Education Welfare Officer is an employee of the LEA, not the school. They must inform you of the complaints procedure on request, but if there is a problem write to the Director of Education at the local authority. Failure to provide details of how to complain is in itself a disciplinary matter. You can ask for an advocate to assist you make the complaint, or to make a complaint orally. Do not be fobbed off with being told you must fill in a form.

    I strongly suggest that you get advice from NAS or https://www.ipsea.org.uk or see if a firm of education law specialists will offer you a free interview to see if you have a case.

    For a prosecution under s.444 of Education Act 1996 there is a defence in s.(2A) "The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school at any time if the parent proves that at that time the child was prevented from attending by reason of sickness or any unavoidable cause.]"  If you get threats of prosecution or a Fixed Penalty Notice, see a solicitor. Take advice before paying a FPN, because that means you admit to committing an offence. If you are interviewed under PACE Caution you may have a solicitor present, and should be entitled to get one on legal aid.

    You might also want to talk to your local councillor. With local elections coming up this might be an opportune time!

  • in reply to Ian

    Thank you for this, very helpful. :)

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