School Absences and Failures to Implement EHCP provision

Please find my OFSTED Complaint:

What is your main area of concern? Quality of education How far the education meets the needs of pupils Standards of education achieved Leadership and Management Well-being of pupils

Please provide a summary of your complaint:

has missed over 20 days of schooling in the previous academic year. There is a high turnover of staff, high rate of sickness and low staff retention rate. The two other special schools in the local authority are not in the same situation regarding a rota which is not short term. Despite assurances after the previous Ofsted inspection when safeguarding concerns were flagged earlier this year, things have not improved. has been bitten on two occasions in short succession, in the first instance nobody was even aware. is 11 and a non verbal Autistic boy with behaviour that challenges. However I know children who are verbal who attend who tell their parents they are worried that they are understaffed. This should not be happening. Staff themselves have flagged issues. The rota has been in place right up until the end of term. is being failed by the school and local authority who have a statutory duty to provide the provision set out in EHCP section F. There is also a duty on the LA to provide a suitable education obviously the school frequently reducing attendance is not be a suitable education. We now move on to the issue of the new build and no transition to the new site , which is around 5 miles away, for over a hundred severely disabled children. There is no staggered start and the whole school will start later than expected. It will no doubt be further delayed and I also can predict a continuation of the staffing crisis which will then lead to the reintroduction of the rota and yet again the legal obligations to educate these children not being met. What action have you taken and what was the response? I have complained to the head, and chair and received a response. I’m not satisfied with the response. I attach the emails: Hi , We are emailing to register a complaint at the continued implementation of the rota in Class 7. I have been advised to do this but obviously it’s been discussed informally at meeting etc with his teachers. Since the start of this academic year he has been on the rota for 20 full days. So 4 weeks off school and the year isn’t over yet. This has had a massive impact on him and our family. We have found that local mainstream schools and the other special schools in the region including classes with kids who have behaviour that challenges have not had to do this. and are lovely teachers and we know how much they care about but they seem totally frazzled as do other staff. We know there is also the nightmare of the school handover being delayed but it feels the issues have been going on longer than that, that just exacerbates it. Also Covid was low during many of the times. We have raised this with , Social Worker, , Education Welfare, Victoria Aitken Councillor, Deborah Myers, Head of Children etc, David Davis MP and Ofsted in more detail. We aren’t sure how this will be fixed especially as the new build will probably provoke some resignations with commutes being extended etc. However we would be failing as ’s advocates if I didn’t act to try to improve this considering how long this has been an issue how detrimental it is to him. Response: Dear Collette and Rob I am emailing to inform you of the outcome of my investigation into your email dated 6th June 2022 in which you detail your complaint regarding being out of school at the request of the school for 20 days during the current academic year.

My investigation involved looking at absence data, speaking to both of 's class teachers and the detail of positions agreed by the school with the local authority (LA) and unions representing school staff. Absence data: School data records as being asked to stay at home on 19 days rather than 20. Within these 19 days all of ’s class was closed to all pupils and staff for 5 days due to Covid. Including and up to the 8th July pupils 100% attendance is out of 179 days. Of these 179 days has been asked to stay at home for 10.6% of the time, due to reduced staffing. has been subject to the same process as all other pupils in his class group. Class teachers: Both and confirm the absence data for . They also confirm: - That any implementation of the rota has been applied fairly to all pupils. - That ’s class has the highest staffing ratio in lower school hence the increased likelihood that any transmission of infection spreading quickly, resulting in staff being exposed to infection and illness. Rota: In November 2021 it was agreed by the school, LA and trade unions that should staffing levels fall a rota would be implemented to ensure all pupils and staff were properly safeguarded. Other Points raised in your email: ………. continued implementation – The rota is only implemented as and when required. I have been advised to do this but obviously it’s been discussed informally at meeting etc with his teachers. During ’s annual review and PEP meeting Stated that issues raised could be investigated further by the virtual school as has recently been classed as a Child Looked After. We have found that local mainstream schools and the other special schools in the region including classes with kids who have behaviour that challenges have not had to do this. All schools are different and experience different challenges. Staff sickness levels will vary from school to school. In addition, we are working in very poor and limiting accommodation, hence the imminent relocation to a new building. Safety of all pupils and staff is our paramount concern. and are lovely teachers, and we know how much they care about , but they seem totally frazzled as do other staff. Staff may become fatigued due to the demanding nature of our work and our current working environment. The end of term is approaching, and we are facing a further challenge in having to pack up the entire school in two days to facilitate our removal to Hessle and the vacation of this site. We aren’t sure how this will be fixed especially as the new build will probably provoke some resignations with commutes being extended etc. We are continuing to recruit to fill vacant posts. However, we would be failing as ’s advocates We too would be failing as educators if we did not place the safety of our pupils and staff as our main priority. In conclusion, we have implemented a rota when staffing is reduced to make sure pupils and staff are safe as agreed by LA, unions, and school as we need to be vigilant due to the complex needs of all our pupils. All pupils have been treated equally and where possible we have tried to work with parents asking which days would work best for them should their children have to stay off school. All residence users have not had their stays interrupted by the school’s day rota being in place. A home learning page has been created on the school’s website and activity packs including symbols have been sent home for parents to use. Due to ’s needs it is essential that staff who are experienced and trained in specific strategies work with him. Consequently, this role cannot be covered with agency staff. Finally, we do recognise the impact of children being away from school, the disruption to routine and the wider impact on the family. This is why we have worked relentlessly to keep the school and residence open throughout the pandemic and throughout continued Covid related outbreaks, staff illness and injury.

Here is my Local Authority Complaint:

I would like to make a formal complaint regarding East Riding Council. has an EHCP there is a statutory duty to provide the provision set out in section F. The local authority are not providing a suitable education as the school frequently reduce attendance, over 20 days missed this academic year and a delayed start to next year, currently pencilled in for 12th September. This is not a suitable education. It’s unlikely due to the crisis the SLT seems to be in that staffing issues will resolve so the rota will no doubt be in place by September. The local authority are simply not meeting their legal duties as set out in the framework of the EHCP. In addition to that there is no planned transition for the most severely disabled children in our region. Can you imagine how distressing and confusing this will be. Even if something is hastily arranged in the holidays for children like my son it will mean nothing as he isn’t with his peers and teachers. There is a real chance the mismanagement of the school and new build will result in some children refusing school altogether.

Kind regards,

Collette Watson