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Jenny, Solicitor
Category: Law
Satisfied Customers: 7774
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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My daughter is autistic, diagnosed with extreme anxiety and

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Hi. My daughter is autistic, diagnosed with extreme anxiety and sleep disorder, nine years old, attends a mainstream school, her EHCP is over five months late. Her new year 5 teacher has been keeping her in at break to complete work. My daughter is convinced her teacher dislikes her.
Assistant: Where is this? It matters because laws vary by location.
Customer: last week, my daughter self harmed for the first time after a particularly bad day at school. I discovered last night that the teacher has called her a wimp in front of the whole class, has said the class is full of crybabies, has thrown children’s books to the floor, and made several odd comments to other children.
Assistant: What steps have been taken so far?
Customer: We’re in Buckinghamshire
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I’ve conacted CAMHS, and kept my daughter off school today.

Hello my name is***** am a solicitor and I am happy to help you today. What would you like to know about this please?

Customer: replied 4 months ago.
Where do I stand legally with keeping my daughter off school?

Hi if your daughter is self harming due to her needs not being met at school then it is sensible to keep her at home until they can be met.

Unfortuantely the law on this is not crystal clear and parents can, and do get into trouble and sometimes fined in these situations.

I would suggest you write to the school and the Head of Children's services to say that she has started self harming because her needs are not being met and because the LA has unlawfully delayed the EHCP process and that she will be unable to attend school for mental health reasons until the matter is resolved.

You should put in a formal complaint about the delayed EHCP and point out that after 15 days of absence from school due to health (AND OTHER) reasons a child is entitled to an alternative provision.

I would also take your daughter to your GP to ask if they will be prepared to sign her off sick and get the issue noted in her records.

Do you have any further questions about this please?

Customer: replied 4 months ago.
That’s a brilliant comprehensive answer. Thank you so much x

no problem at all, all the best to your daughter.

I would be very grateful if you would take the time to rate my answer before leaving the site today. Thank you and all the best.

Customer: replied 4 months ago.
Thank you

no problem at all.

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