EHCP Review - school being obstructive when I ask for specific teachers to attend

Tinkerbell21

My DD is in mainstream school. Got her EHCP in Sept 2023. She has been on the verge of permanent exclusions quite a few times. However, we feel that since the EHCP things have improved, she is attending lessons, albeit not the mainstream ones. She has 1:1 for Maths/English and 1:1 TA support first thing each morning to set her up for the day.

Since January she has already been excluded - not her fault - problem with friendship and although reported to school twice (as they are to be aware of potential triggers) the situation exacerbated whereby she was excluded. The other child/children were not, thereby failing her. No idea what they did once they were aware of the issues. Although her 1:1 TA emailed staff, no-one picked it up in time and she was excluded.

The following week, there were unscheduled changes to her curriculum and when looking for her 1:1 TA was challenged by 6 members of staff, when overwhelmed she can report to the SENCO, but was again followed by 2 members of staff to ensure she was where she said she was. School admitted they got it wrong but the damage has been done, as when she reacted, again being challenged by staff, accused of truancy for not being in class - rooms were full, locked, or being used by someone else so she had nowhere to go, she was immediately threatened with exclusion.

She reports being "screamed at" by staff and then reported for being verbally abusive. Her scheduled timetable was also upended as she was told she couldn't go to the class as it was full (isolation unit for behavioural matters),

I quickly saw that although she is getting positive feedback from the tutors/TA, the school are not looking at the underlying cause of the behaviours (as per the EHCP) and immediately punish her - most, if not all, caused by external factors ie friendship groups/staff not following EHCP.

Deputy Head has told me twice that she wasn't suspended due to "persistent disruption", "verbal abuse of staff etc" but more her "extreme" reaction, not following instructions. He also made reference to her being so angry, her body would not co-operate ie slipped when walking downstairs, shoe falling off - not sure if there is a name for this type of thing. I am sure she can't be excluded for this - I specifically made reference to her being prejudiced and gave an example of a child with Tourettes being punished for spitting/swearing/lashing out when overwhelmed. It also contradicts the reasons given for the suspension on the letter.

I asked for an EHCP meeting to discuss concerns. Incidentally I have only just received details of what provision they have in place and a copy of her Support Plan. No collaboration with parents/child - I've raised this as a concern quite a few times, and in a meeting with the SEN Governor.

I asked that the SEN Governor attend the "informal" EHCP review as I was scheduled to have a follow up with her in the New Year anyway but school are saying a SEN Governor would not be invited to these?

The Headteacher, has now requested an "urgent" EHCP review - no idea why? The Deputy Head told my DD that he/her TA and the SENCO "can't deal with you" although the TA has denied this as DD was extremely upset. The SENCO/TA are the 2 key people she can go to (trust) if she's overwhelmed and needs a calm space. School are now saying they can't guarantee her a safe place.

I have asked for a separate "informal" EHCP review specifically to talk through the concerns and also to meet with the teachers etc. However, school are being obstructive, saying they have asked 1 teacher to be there and will get reports from her tutors. The English tutor is "external" but Maths is provided by school staff.

I've also been told that the meeting with the SEN Governor will take place after the "urgent" review so we can discuss the changes.

My concerns are that whilst we wait for the "urgent" review, these matters will continue/escalate as school are not following the EHCP

My questions are:

(a) can they suspend given they are now stating it was her "extreme" reactions

(b) can a SEN Governor attend an "informal" EHCP review upon request by parents

(c) can parents request that teachers involved in her day to day provision attend the meeting (4 in all) - we've never met them, been introduced to them, and may have spoken once or twice but only after something has happened.

Tinkerbell21

School are now saying that I can't have a meeting until the urgent EHCP review has taken place and any questions I have can be answered then. I feel they are taking away our rights as parents to meet with the respective teachers etc, regardless of the "urgent" review which will be caught up in the LA process.

Bluebell21

Hi @Tinkerbell21 Welcome to the Community. I am so sorry things are so difficult for you and your daughter at the moment.

IPSEA might be able to help you.

https://www.ipsea.org.uk

Take care.

Mary_Scope

Hi @Tinkerbell21 and a warm welcome from me!

It sounds like you're in a very difficult situation and it's understandable why you're concerned.

If your daughter's "extreme reactions" are directly related to the reasons she needs an EHCP and the school isn't making the necessary reasonable adjustments which are outlined in the plan then excluding her for those reactions could be unlawful.

The school must consider whether the behaviour is a manifestation of her disability. If it is, they should focus on following the EHCP and providing appropriate support, not going straight to exclusion.

Even though, having a SEN Governor attend a meeting isn't always mandatory for informal reviews, schools should usually be flexible with this especially given the circumstances you have described.

It is good that you have had meetings with the SEN governor in the past as you can show the school that you have pre-existing relationship with the SEN Governor. It may even be worth asking the SEN governor yourself if they are able to attend the meeting if the school are being difficult with who they are willing to ask.

If the SEN governor is willing to attend, then the school should normally have a good reason to refuse and from what you have described, it doesn’t sound like they really have one!

Yes, you can request that teachers involved in your daughter’s day to day provision attend the meeting but that may slow things down especially if the meeting is face to face with scheduling a date.

I see Bluebell has given the link to IPSEA above and that is a really good organisation to contact as they will provide you with free legal education advice around this situation.

There is also SENDIASS who I really recommend contacting if you have not already as these are the education specialists in your area. They can be good to contact in situations like this or if you have any trouble or difficulties with the school. They can provide you with information, support, questions help set up meetings and attend them, EHCP support.

Hope this was helpful, please reach out if you would like further support or have more questions😀