Absolutely Adam!
Hope this helps broaden the debate!
I happened to be well versed in this, professionally and personally.(Only "retired" /made redundant from LA Specialist Services for children with complex needs SEND, on the 31st August this year!)
This was my area of work since 1991( multi-agency working included).
I was also the NUT rep on EOTAS - workforce development etc for some time.
I exercised my rights on behalf of my son using this and the Disability Discrimination Act at the time (2000).
- Using these rights, I challenged for a Statement of Special Educational Needs (post 16), when refused, I took it to Tribunal and the LA had to do something. Which they did.
- I also took the scenario to the then Minister Baroness Ashton, at the launch of the DfES Statutory Guidance including sick kids - who promised support)
- Connexions National Disability Advisor was also involved.
On the back of this local challenge, 3 other students with ME etc also benefited.
The "solution" lay with the Local FE College and Access Course- who provided 5 hours of home tuition -post 16.
In 2000, this seemed unprecedented. It was done under the LA Council endorsed, "Education Other Than At School Policy".
With the loss of LA oversight and Academies......
ahhhhhh, the responsibility legally lies I believe with both the Governing Body/Academy Trust?
This will need checking and case law anyone?
Either way, there is a requirement for them to comply with the law and "have regard" to the Statutory Guidance.
(BUT this guidance does not confer explicit rights to the parent/child's situation.)
The School should have publicly available explicit policies to cover this.
It should be for the Governing Body to censure the Deputy and others!
I will also arrange you some advice and dialogue with the
County Council elected members, portfolio holders and the Scrutiny Officers for the council who are very experienced and are very good.
In your position Tilly, I would suggest
(an an appropriate point, when all reasonable effort has been exhausted and w
ith the full support of any responsible LA officers- Inclusion Officers QA for Safeguarding Children's Safeguarding Board) - strength in numbers). We have a good local County shadow Education and Health & Social Care as well, portfolio holder for you.
This issue should be referred to Education Scrutiny and Overview as well as Health and Social Care.
- you / or "an another" write to the school GB and Trust, point out their legal obligations, and explain that you are seeking legal advice and/or reserve the right to enter a civil action/damages/costs compensation etc if an amicable arrangement cannot be met. The National Association of Children with SEN used to be helpful too.
https://www.scope.org.uk/support/families/education-sen
https://councilfordisabledchildren.org.uk/ (I am in touch with them already on this issue)
https://contact.org.uk/ ( Shilela Davis worked here and was excellent, had a daughter with severe ME - who has got better -and helped with the RCPCH stuff)