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The Law is so clear it needs little explanation.
Children are either; in school full time, or at home on a formal exclusion. The law only allows for some very exceptional circumstances that sit in the middle.
These are usually reserved for children and young people in specific circumstances where forcing full time education would be damaging- such as the child having significant medical needs, or mental health needs. It may also be used as a way of slowly integrating children into school if they struggle to adjust.
Having any kind of special need or disability, or even if your child has behavioural needs, does not ever allow a school to tell you your child can’t stay for the full day. This is discrimination and can be contested in court.
For children under 5, parents are allowed to put their little ones on reduced hours if they feel a full day is too much. However, school CANNOT force this if you don’t want to. Even if you do agree to reduced hours for a child under 5, you can withdraw this consent at any time- full time schooling will resume.
The Law around full time schooling for children under 5 is set out in the School Admissions Code (DfE). For children over 5, reduced hours are a no no, irrespective of whether parents agree or not, unless the very exceptional circumstances apply. Even then- parents MUST agree. School have no legal ability to enforce it.
The threat of exclusion, no support or blatant refusal to comply with law all have grounds for an appeal to the SEND tribunal to take legal remedy against the school for Disability Discrimination. However we would always ask that you do the following first;
1. Arrange a meeting in school to discuss. If your child has an EHC plan, ensure the officer is invited too.
2. Make a clear statement that you wish for your child to return to full time schooling immediately.
3. Make notes of the reply you get to question 2. Ask them to clearly outline and detail their reply.
4. Consider making a formal complaint to the head teacher, or, if the head teacher is the one making the decision, formally complain to the school governors. Ask for all replies in writing.
5. If you are unhappy with the response from the internal school complaints policy, contact us for support in progressing your complaint.
Bottom line- if your child isn’t in school full time and they don’t have a significant health need for example, chances are, it’s unlawful. Speak to your child’s school as soon as you can.
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