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SEN child not responsible for their actions

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  • This situation is very common and frustrating . One of my dauhters has made a career in childcare including safeguarding for 20 years . She work in an excellent nursery and is responsible for 4 year olds .
    Many cases similar to the above have occurred over the years and for the past year she has had a long fight to access a better placement for a child under safeguarding .
    The child mentioned by the OP has probably put on the school roll with a statement of special needs which the school must meet . However the placement sounds unsuitable for both the pupil and the others .
    My daughter has attended many case conferences , meetings and made numerous phone calls to find suitable provision for the child in question . The parents have objected as they want him to stay where he is as it's "handy" In the last few months she has persuaded them to have him assessed and he has major mental health issues .
    He now has a statement of urgent needs stating he needs one to one supervision . She managed to find residential school a couple of miles away to meet his needs which has the option of weekends at home etc but the parents are complaining and saying he's ok where he is .
    He has caused damage and was injured a couple of months ago although they've had to give him a member off staff to watch him every moment which means bringing in bank staff to replace her .
    All those 4years olds have had what should be a good experience disrupted as he cannot be kept apart according to social services .
    The suggestions mentioned are good . Find other concerned parents and write to both local education , the school and social services .
    They have to respond when other children are at risk .
    My daughter's nursery made sure the children were safe and did not have complaints from parents so were unable to get that feedback .
    As he was statemented observers from CMHT and Social Services were in a number of times to quietly observe his behaviour .
    Any action from the school etc will be slow as there are layers of procedures to follow , but make it known and if it isn't addressed keeping reporting back to education etc .
    There is a pupil there who needs help but he needs to be in a suitable environment and all pupils and staff need to be safe too .
    Good luck and sorry for the long post ( and typos ) fingers aren't good today .
    polly
    It is better to light a single candle than to curse the darkness.

    There but for fortune go you and I.
  • Pyxis wrote: »
    May I ask, what sort of special educational need would entitle a child to be allowed to lash out at others?

    This is a genuine question, as I am a bit bewildered.
    Certain mental healrh conditions whether diagnosed or not . Unstable home life etc,etc .
    For those talking of not knowing the child's problems that is heavily protected and there are possibly things even the school are unaware of . From the cuts to education social care and families struggling to cope this situation is worsening daily , there aren't enough staff in all services from the NHS , health , care etc to keep up with it.
    My daughters nursery is Ofsted top rated and over the past few years she's spent most of her working days and beyond into the evening trying to help these children and keep both children and staff safe .
    I see others have mentioned school governers , that can help a great deal depending on who they are .
    polly
    It is better to light a single candle than to curse the darkness.

    There but for fortune go you and I.
  • atolaas
    atolaas Posts: 1,143 Forumite
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    Pyxis wrote: »
    May I ask, what sort of special educational need would entitle a child to be allowed to lash out at others?

    This is a genuine question, as I am a bit bewildered.

    I'm bewildered too!! The only consequence that this child will have for their actions is that they will put on "classroom exchange" - be sent to a different class for the rest of the day (lucky different class!!) Its a very small school with one class per year group.

    They are in the process of being assessed for an ECHP - Education, Care and Health Plan - being statemented - I believe it used to be called - and (fingers crossed!) will receive 1 to 1 care whilst in school i.e their own designated Teaching Assistant. Its all a whole load of if's ands & but's right now and it is frustrating. Apologies for the light sarcasm that's peppered my reply...just so frustrated with this situation :-(

    Thank you for all your replies...I will be taking this further but I don't want to enter into a one woman crusade to get this child excluded / removed from my DS's school.
    SPC7 ~ Member#390 ~ £432.45 declared :j
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  • Comms69
    Comms69 Posts: 14,229 Forumite
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    The school is legally bound to ensure the safety of all pupils, if this is a common occurrence the pupil should have a SEN TA to supervise him or her.


    On a personal level, I'd tell my son to hit him back twice as hard next time and be done with it.


    School should have acted after the first incident.
  • Pyxis
    Pyxis Posts: 46,077 Forumite
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    Comms69 wrote: »
    The school is legally bound to ensure the safety of all pupils, if this is a common occurrence the pupil should have a SEN TA to supervise him or her.


    On a personal level, I'd tell my son to hit him back twice as hard next time and be done with it.


    School should have acted after the first incident.

    But then I would have thought that that would make your son as 'bad' as the SEN child, perhaps more so as your son doesn't have special needs.

    Plus that just teaches your son that violence begets violence and there's no other remedy.

    Plus it would be your son that gets castigated and possibly suspended or excluded, which wouldn't do him much good.

    Plus your son would then have a record of violence.

    Sorry if that sounds preachy, but there is already too much violence around. :A
    (I just lurve spiders!)
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  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Pyxis wrote: »
    But then I would have thought that that would make your son as 'bad' as the SEN child, perhaps more so as your son doesn't have special needs. - It's bad to defend yourself? That's a lesson I'm happy for him to have.

    Plus that just teaches your son that violence begets violence and there's no other remedy. - Well normally there would be, when the authorities step in to sort it out. Clearly they aren't doing so. Everyone has the right o self defence

    Plus it would be your son that gets castigated and possibly suspended or excluded, which wouldn't do him much good. - That is unlikely. Self defence is a universal defence. Whether in school or not.

    Plus your son would then have a record of violence. - why do you say that? You do understand how the law works?

    Sorry if that sounds preachy, but there is already too much violence around. :A
    It doesn't sound preachy, it just sounds naïve :)
  • Pyxis
    Pyxis Posts: 46,077 Forumite
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    Comms69 wrote: »
    It doesn't sound preachy, it just sounds naïve :)

    Well, I'm sorry about that! :A
    (I just lurve spiders!)
    INFJ(Turbulent).

    Her Greenliness Baroness Pyxis of the Alphabetty, Pinnacle of Peadom and Official Brainbox
    Founder Member: 'WIMPS ANONYMOUS' and 'VICTIMS of the RANDOM HEDGEHOG'
    I'm in a clique! It's a clique of one! It's a unique clique!
    I love :eek:



  • DigForVictory
    DigForVictory Posts: 12,225 Forumite
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    Write to your chairperson of the board of governors. If you don't know their name, ask a school secretary - someone will know. Ask when next Governors meet. Might be finance or estates or might be a full committee - but take a note of the date.

    Write a short simple statement-packed letter, finishing with the reminder that school acts in loco parentis in your absence and you as a parent are not happy at the way things are proceeding currently.

    Take a copy of it (or three) to the school gates & see if other parents agree enough to use it themselves. (If your letter includes your email address, you can offer to email it around.)

    Get as many letters in to the governors before the meeting date as you can. All the best!
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Pyxis wrote: »
    Well, I'm sorry about that! :A



    :) just a difference of opinion though :)


    To put an adult perspective on it.


    Let's say someone punches you at work. You report it to management and they decide that they will take no action, giving a similar excuse to the one above. Another incident then happens, you report it again, but no action is taken yet again. On the third incident to decide to hit back.


    Is that wrong morally? (legally it's not)
  • Comms69 wrote: »
    Is that wrong morally? (legally it's not)

    Well, the trouble is, OP's child can't play the special needs card and so would be punished for hitting a 'poor disabled boy', while the other smug little sod can just do as he wants.

    Happens in adult life, too, of course. Someone retaliates and it's them who gets put up on charges.

    Life ain't fair.
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