Published on 12, July, 2020
Our son is 9 and due to move into year 5. He has been diagnosed with pda autism and can disregulate in stress or competition situations. During year 3 we had a loose ehcp definition and the new school leadership removed his one to one . He then deteriorated. We got the one to one reinstated and during year 4 he has been recovering and doing well. Unfortunately he got covid in July and hit his one to one . The school then said he was at threat of permanent exclusion. A week later , despite us having met the school and asking him not to be in competitive play, he hit a child. They brought us in and said that it was a permanent exclusion worthy incident, but they won’t exclude him but can no longer meet his needs . He’s excluded for 10.5 days into the new term and we have an emergency review meeting with the school the LA to discuss what comes next . We are worried that the school no longer want him and he will be without a school for an extended period of time. We are open to another mainstream school or specialist school but would like time to be able to look at other schools and not be forced into the first school that comes up as it might not be the best for him. Does anyone have any experience or advice ?
The school has a statutory duty to provide alternative education provision during his exclusion. We are not supposed to give legal advice here, but you may want to look at the statutory guidance: https://assets.publishing.service.gov.uk/media/66be0d92c32366481ca4918a/Suspensions_and_permanent_exclusions_guidance.pdf. Para 20 " ... It would also be unlawful to exclude a pupil simply because they have SEN or a disability that the school feels it cannot meet." The exclusion letter from the school should contain details of organisations that can give you support and advice, as well as outlining your right to make representations to the governors. The SEND department at the LEA should be aware and have a duty to ensure that the alternative provision is in place - it would be illegal for him to be without " education suitable to his age, ability and aptitude and any SEN he may have " [s3 Education Act 1996] for " an extended period of time" as you put it. I suggest you consult one of the agencies mentioned in the exclusion letter, a specialist advice service such as the NAS, or a legal firm specialising in SEND law.
* Disclaimer - this is not legal advice, just my opinion as a retired Education Welfare Officer and current school governor with exclusion panel experience. It costs you nothing, and may be worth what you pay for it.