All children have a legal right to a fulltime education. There are short term reasons part-time timetables can be used eg to reintegrate a child back into school, to avoid exclusion or if the child is ill and can't cope with a full day. That is not what has happened here. The parttime timetable has been for the school's benefit (can't cope with him or don't want to fund support needed) not the child's.
This is unlawful and possible disability discrimination under Equality Act.
You need to be very firm:
- You know PT is unlawful. Ask them what absence code they have been using and whether they have informed the Council about the PT timetable and if so when.
- Tell them you know your child has a legal right to be in mainstream and fulltime and the law says the school and council must do everything they reasonably can to make that happen (so its not incompatible with the education of other children). egs of what is reasonable would be to provide fulltime 1:1, make full use of behaviour outreach support, EP, CAMHS, use ASD strategies (even if no diagnosis yet), send teachers on training courses.
- If the needs are above what the school can provide from its own resources the school should have referred for statutory assessment. They should have done this when they put on PT timetable a year ago. Tell them you are applying yourself. The school can ask the LA for extra funds now - funding is not your problem. Is the school putting in the maximum amount of 1:1 the council expects? Ask them.
- If they threaten to exclude permanently say you will appeal that and will be asking for a SEN expert to do a report under the new exclusion rules.
- Make it clear you know the school and council should be everything they can to avoid an exclusion for an SEN child and will need to show at the appeal they have done this.
- Ask the school to immediately call a multi agency meeting (or say you will do so). This should include EP, SEN officer, behaviour support, SLT to put a plan in place etc etc
- You can if you want insist on your child attending fulltime after exclusion ends (or by set date) and if they say PT must continue say you will require an exclusion letter every time they want to send your child home halfway through the day. PT is only ever a short term solution and should be a plan for intervention being put in place to enable FT. The school and council can and should be providing work at home / home tutor to make the education up to fulltime if a child genuinely cannot be educated in a school. Your child needs more education than other children, not less.
- All mainstream schools should offer the same level of support so don't let the school think you will quietly go elsewhere via a managed move etc. say that would just be moving the problem on. You have a better chance of getting a statement by staying put (for now). You can say you will look at specialist placements etc but that will require a statement so is a way off and the immediate lack of education needs attention.
- If you have not already you must get in touch with the SEN officer at the council - the LA has a duty to provide fulltime education too and there is a complaint process to the ombudsman if the council does not take action. There is no real complaint process against the school apart from a disability discrimination tribunal or complaint to Minister which won't provide a solution to your current situation.
10. Write a list of the reasonable steps you think the school or council could take to avoid exclusion / meet your child's SEN e.g.: put fulltime 1:1 or 2:1 in place, staff training on autism / behaviour, teach him out of the classroom and gradually reintegrate, set up a behaviour reward system with help of behaviour specialist, involve behaviour or autism outreach, put in place frequent breaks e.g. 15 mins in class at a time, call a multi agency meeting to write an action plan
11. Ask for school to say what it will agree to do and commit to a timeframe.
12. If the school is going to exclude there is nothing you can do. I probably wouldn't say much in this scenario other than you will be appealing as you don't believe the school has put in place all reasonable steps to avoid exclusion and you look forward to getting their reasons in writing. You can then get advice about how to appeal.
13. Do not agree anything you are not sure of. It is fine to say you need to think about it / reflect / take advice etc and will come back to them. Do not feel pressured to agree anything on the spot.
The pathway is almost certainly a health investigation / pathway - nothing to do with education. The legal duty to provide an appropriate education is based on need not on any diagnosis.
Every time they say something like 'he is not allowed to go back to short stay school' or 'PT is legal because...' ask them to direct you to the relevant section of law or guidance that says that. If they dont know ask for that information to be provided to you after the meeting and for it to be minuted as an action point (write these all down as well). If they say its policy ask them to send you a copy of the policy after the meeting. ANY policy should have discretion eg a council can always use discretion to disapply a policy on a case by case basis. So don't be afraid to say I would like you to use your discretion to disapply that policy in this case especially given you have contributed to the situation reaching this point etc by not referring for SA, putting in 1:1 earlier etc. Again ask them to formally consider it and write to you with reasons why for e.g. he can't go back to short stay school (if that is what you want).
Info from IPSEA on illegal exclusions
here
If you have anyone who can go with you even just to look as though they are writing notes etc take them. Usually people behave better when a 3rd party is present.
If you can't take anyone I would think about recording the meeting. Really you should ask them for permission - but they will almost certainly refuse. It can be useful to help you write up notes afterwards eg use an ipod. If you want to use it as evidence later you should get permission but if its just to help you write notes up I would just do it.
It is really really important you involve the SEN officer asap. Schools only have to use 'best endeavours' for children with SEN. The Council has a legal duty to meet SEN. So your legal route is against the Council.
Good luck.