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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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Our son is being regularly excluded from school and he has

Customer Question

Our son is being regularly excluded from school and he has an SEN.
We are accepting of the exclusions, but the head teacher is not following the guidelines laid out around exclusions and we want to know whether we have any recourse.
For all exclusions this school year (since the head joined the school) we have never received any letters informing us of the exclusion officially, nor our rights, nor the advice we can seek.
Recently, we have been receiving an email from the head telling us our son is now excluded, again, without any information of our rights etc.
For the last exclusion, the incident occured in the afternoon of Friday 13th Feb. We were asked to collect him from school which we did and we were informed verbally that he was being excluded. Monday 15th - Friday 20th were half term and we heard nothing from the school. Monday 23rd was an inset day and at 5.50pm we received an email informing us that our son was being excluded from Tuesday 24th onwards for 4 days.
We had an incident happen yesterday and again we collected him, with a verbal confirmation that he was being excluded for the rest of the afternoon and today 6th March. Last night we received an email from the Headmaster (again, no information about our rights etc) confirming the dates and using the phrase "in the first instance".
The guidelines from the Department of Education are very clear on a) notifying parents about an exclusion and they state that "in exceptional cases, usually where further evidence has come to light, a fixed period exclusion may be extended or converted to a permanent exclusion."
I queried the headmaster on this, as part of our sons SEN is around the need to fully prepare him for changes to routine etc and the response was that he had the right to get advice from the Exclusions Officer at Surrey CC and will let us know when he has done so.
We are left in extremely difficult situations with trying to arrange childcare at the last minute (we are both working parents) and the distress this uncertainty causes to our son.
Can he behave this way with no recourse from us?
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

Hi,

Please could you close the question.

Thanks

Simon XXXXX

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