My child/young person has been put on a reduced timetable is this legal?

In very exceptional circumstances a child/young person can be put on a part-time/reduced timetable, for this to happen there needs to be full agreement from the parent/carer and Head Teacher. It needs to be temporary with a time limit stating when it will end and regular meetings with the place of learning to see how they are going to get the child/young person back into full time education. Whilst they are on a reduced timetable the school should be seeking outside advice from other professionals to see what more they can do to support the child/young person and increase the reduced timetable back up to full time.  If the child/young person has an EHCP (Education Health and Care Plan) it may be that an early review needs to be called.

The place of learning has told me that my child/young person can only have SEN support or an Education Health and Care Plan (EHCP) with a diagnosis.

This is not correct.  A child or young person does not need to have a diagnosis to receive SEN support or an EHCP. 

The place of learning is not providing any SEN Support for my child/young person do they have too?  

The code of practice says places of learnings have to use their ‘best endeavours’ to make sure that a child or young person with SEN gets the support they need.  A child/young person with SEN should have a SEN Support plan in place following a four-stage cycle Assess, Plan, Do, Review called the graduated approach.  The place of learning should review the child/young person’s progress and the difference that the help has made.  Every mainstream school gets a basic funding entitlement to support children with SEN.  Arrange a meeting with the Special Educational Needs Co-ordinator (SENCO) and class teacher at your child’s setting to discuss.  

I’ve been and spoken with a number of local mainstream schools, but they are all saying they won’t be able to meet my child’s needs, can they do this? 

Schools (including academies and free schools) must have regard to the Admissions Code, the Equality Act 2010 and the SEND Code of Practice 2015. It is against the law to discriminate on the grounds of disability and if a school is saying they can’t accept a child because of their disability this may be discriminatory. The Children and Families Act states that children and young people must receive a mainstream education if that is what the parent/carer wishes for. 

My child/young person has been put on a reduced timetable is this legal?

In very exceptional circumstances a child/young person can be put on a part-time/reduced timetable, for this to happen there needs to be full agreement from the parent/carer and Head Teacher. It needs to be temporary with a time limit stating when it will end and regular meetings with the place of learning to see how they are going to get the child/young person back into full time education. Whilst they are on a reduced timetable the school should be seeking outside advice from other professionals to see what more they can do to support the child/young person and increase the reduced timetable back up to full time.  If the child/young person has an EHCP (Education Health and Care Plan) it may be that an early review needs to be called.

The place of learning has told me that my child/young person can only have SEN support or an Education Health and Care Plan (EHCP) with a diagnosis.

This is not correct.  A child or young person does not need to have a diagnosis to receive SEN support or an EHCP. 

Who can apply for an Education Health and Care needs assessment (EHCNA)?

A child’s parents, a young person over the age of 16 but under 25, or a person acting on behalf of a place of learning. You can request an EHC needs assessment by writing a letter to the Local Authority or you can fill in a form on this website 

The educational placement has told me that my child/young person isn’t bad enough for an Education Health and Care Plan (EHCP) and wouldn’t qualify for one, is this correct?

No, this is not correct.  There are legal tests and criteria that a local authority must use in determining whether a child or young person needs an EHCP or not.  This is done on a case-by-case basis using evidence submitted. 

I have been told that an Education Health and Care Plan (EHCP) is just a piece of paper and nothing is ever done with it, is this right?

No, this is not correct.  An EHCP is a legal document that details the child/young person’s needs and the provision to support those needs.  A place of learning must ensure they are following the provision detailed in the EHCP but it is the local authorities’ responsibility to make sure the EHCP is funded appropriately, followed and legally compliant.

I’ve been and spoken with a number of local mainstream schools, but they are all saying they won’t be able to meet my child’s needs, can they do this? 

Schools (including academies and free schools) must have regard to the Admissions Code, the Equality Act 2010 and the SEND Code of Practice 2015. It is against the law to discriminate on the grounds of disability and if a school is saying they can’t accept a child because of their disability this may be discriminatory. The Children and Families Act states that children and young people must receive a mainstream education if that is what the parent/carer wishes for. 

My EHCP Co-ordinator is not responding to my emails, what can I do? 

Firstly contact the EHCP SEN Ops Team on 01603 679183 and ask for the details for your EHCP Co-ordinator's manager. If you have contacted their manager and the is issue has not been resolved, then you can put a formal complaint into the Local Authority via their compliments and complaints page. Here is the link to the complaints page: Compliments and complaints - Norfolk County Council 

1:1 is stated in Section F of my child's EHCP, the school are saying they cannot provide this provision due to lack of funding. What can I do?

Firstly, it is best to check your child's EHCP is specific and quantified. Does it say how often your child will have a 1:1? How many days a week? How many hours a day? If the EHCP is unclear you could ask for a review of the plan (although the LA don’t have to agree to early reviews):
If the plan is clear and specific but the school are still not providing the provision in section F, we would advise contacting your EHCP co-ordinator as soon as possible. Under S.42 of the Children and Families Act 2014 it is the Local Authority’s responsibility to ensure the provision detailed in an EHCP is provided. It is the Local Authority's duty to ensure that the place of learning is following the plan and must provide them with the support or additional funding needed to put the provision in place.
If you have spoken to your EHCP Co-ordinator and the issue is still unresolved, you can put a complaint into both the Local Authority and the School.
If you wish to complain to the Local Authority you must follow the process detailed on the webpage: Compliments and complaints - Norfolk County Council.
To complain to the educational setting you need to follow their complaints procedure as detailed on their website.

I’ve been asked to take my child/young person home for lunchtime, can the place of learning ask me to do this?

If the place of learning is requesting you pick your child or young person up at lunchtime you can say no to this unless they are formally fixed term excluding them. If they are fixed term excluding them then a lunchtime exclusion must be recorded as a half day exclusion, you must receive a letter from the place of learning informing you about this.  

The school have said that my child is not allowed in the school for lunchtimes for 3 days, is that allowed?

Yes – this is allowed if it is a Fixed Term Suspension and as long as it has been formally recorded and procedures followed. A lunchtime exclusion should be recorded as a half day suspension.

My child’s school has asked me to come and collect them when they are dysregulated, are they meant to do this?

No – a place of learning cannot ask a parent/carer to collect their child to take them home to ‘cool off’ or because the school can’t cope or meet their needs. This is called an illegal suspension. The only reason a school can ask you to pick up your child is either due to an illness or a formal suspension/permanent exclusion.

There is a setting named in my child’s EHCP and the Local Authority are saying they will not fund transport, can they do this?

The local authority can only refuse to fund transport if the school named on the EHCP is not the nearest, suitable school for that child. For example, the parent has chosen a school that is further away as they prefer that school to the closer school.

If you believe the school named is the nearest, suitable school for the child then the local authority has a duty to provide suitable transport.

Whose responsibility is it to provide my medically unfit child/young person with an education?

Children and young people with medical and/or health conditions are entitled to a full education. In the first instance it is the place of learning that the child/young person is on roll at that must provide this by either sending work home or organising alternative provision such as a tutor.  The governing body of the place of learning the child or young person is on roll of must ensure there are arrangements in place to support pupils with medical conditions. The Local Authority (LA) is responsible for arranging suitable, full- time education for children of compulsory school age, who because of illness, would not receive suitable education without such provision.  The LA should be ready to take responsibility for any CYP whose illness will prevent them from attending school for 15 or more school days consecutively or cumulatively.