If you’re a parent and you send your children to school, you’d expect that the school and local authority has a legal obligation to take over all parenting duties and ensure that your child is looked after during the day. All children around the country have a statutory right to education to help them prepare for their futures and ensure they can live independently. Local authorities must act in the best interest of the children at the different schools they cover. However, it turns out that this might not always be happening as in the first three months of this year, approximately 13% of children were classified as NEET that is not in education, employment or training.
We all will find this statistic extremely shocking as everyone who sends their child out in the world to learn would expect them to be looked after and everything to be done to ensure they are given the best chances in life. This equates to almost a million young people who may be missing out on achieving their full potential due to the lack of care and consideration given to them when in the education system.
According to UK law, all educational establishments have a duty to safeguard and look after the children in their care. The locations which are set up to educate children must be safe and should make appropriate referrals to children’s social care if there are any concerns about their well being. Any school that fails to meet these responsibilities may be considered negligent and parents have the right to take legal action.
Looking further in to the details, the findings of the research shows that there are more young men in society who are classified as being NEET than young women.
What is especially distressing is that we are back in exactly the same position as last year: the previous appeal to the SEND Tribunal was never completed by the social worker who initiated it. Now, the consultation process has concluded again without suitable alternative placement, and we are once more facing the burden of an appeal process to access the very provision they are legally entitled to.
There are many different forms of legislation which are being breeched as a result of young people not being treated equally when they are in the education system. These include:
1. Children and Families Act 2014 – Section 42
Requires the local authority to secure the provision set out in an EHCP. xxxx reduced timetable and extended period without suitable full-time education clearly breach this duty.
2. Education Act 1996 – Section 19
Requires the local authority to provide suitable, full-time education for children who are not in school “for reasons of illness, exclusion or otherwise”.
3. UNCRC Article 28
As ratified by the UK, every child has the right to education that develops their personality, talents, and mental and physical abilities to their fullest potential.
4. Children Act 1989 – Corporate Parenting Duty
This includes a duty to promote the educational achievement and wellbeing of looked-after children. Two years without education is not “promotion” — it is abandonment.
Urgent action needs to be taken to ensure that all young people can get the education they deserve in order to be fully prepared for the real world. There have been a number of campaigns set up in order to change the way the system runs and ensure that all children are treated equally whilst in the education system. There needs to be a drastic shift to put provisions in place so everyone has the same opportunities.
As part of the research element for the study, I contacted a small group of Merseyside parents who kindly agreed to share their stories with me about how their children were treated whilst in the education system. They alse gave me some useful tips on how they felt the system could be made fairer in the future.
“So my daughter is 13 and at the moment Haa undiagnosed ADHD and autism. We are currently paying private for her diagnosis. She is in the process of an ECHP. In school she is on the SEN register. She has had multiple suspensions and has been expelled again (we won the first appeal) and I truly believe she has been expelled for having additional needs. When she was sent home preciously she never got sent any work. Her education is failing. I asked in a meeting if they would consider her going to a PRU school which was denied saying they don’t do that but I know they do. School want students to fit the perfect narrative but unfortunately not all children are perfect.
There needs to be more support. Even of SENCOS can give formal diagnosis and it goes to a panel. Or even a designated person in a borough to be able to diagnose children. Brings the wait list down.
That’s according to Emma Ellis who is concerned parent eager to help change the system due to the experiences she has had with her daughter in school.
I also spoke to another parent who stated that a primary school teacher threw a book at her son in frustration. The other children confirmed this but the school dismissed any talk of such an incident.
In the high school he tried, he used the school bus once. Got off physically upset, money gone, wouldn’t talk about it – CCTV wasn’t working that day.
He was bullied when he changed primary school. HT wouldn’t tell the bullies parents until I threatened to tell them myself – this was after it continued despite their intervention. Sefton have sent the kids to a few interim places called alternative provision. These are unregulated. One company called motiv8 were registered at a premises the kids were never taken to. They were taken to the farm and residential premises of the husband and wife duo who owned the company. They told us one day they were going on holidays and then expected us to hand the kids over the next day to an unknown member of their staff.
The fuss when I requested to see DBs checks was unreal. Sefton like to lie and assume parents won’t challenge it but I do. They told me the contracts between the alternative provision was in the service level agreement. After months and months of pushing I got the SLA, a blank one with no contract details at all. This is because there never was one and they make things up and lie. I asked for a SAR (subject access request). Had to go to the information ombudsman to get them to send it. When they did loads was missing – the ombudsman again upheld the complaint but they don’t have teeth. They have given them a slap on the wrist and told them to provide me with the rest but can’t force them. Another alternative provision left me 11 year old son on my door step as the workers wanted to be together so just walked away and left him. They denied it, lied and then tried to justify it. Another social care agency staff bought their own child to my respite sessions, at one point the two workers left me with two of my children and one of theirs whilst two of them took my child out together as one didn’t like to drive her own car.
The above stories prove that much more needs to be done to help children adjust and fit in whilst in the education system if they have any sort of disability or infringement. Educational establishments should be much more tolerant places as they are teaching children how to be proper, well rounded adults who can learn to manage in different situations. There should also be more emphasis placed on equality so that anyone who has any sort of disability can access support when and where needed.
