ACTION PLAN: When School Refusal/Anxiety/Phobia is an issue.V.3.

1. See your GP, explain the difficulties your child is experiencing and ask for their help which could include; referring your child to CAMHS writing to the school to confirm that your child has an anxiety disorder and is currently medically

unfit to attend school recommending that the school request the input of the Educational Psychologist linked to the

school.

GP support for school pupils with medical conditions:https://www.bma.org.uk/advice/employment/gp-practices/service-provision/supporting-pupils-at-school

2. IMPORTANT: Keep a DIARY/FILE documenting everything related to the school refusal/anxiety and school attendance. describe what happens with your child keep notes and records of all conversations with school or medical staff (follow up with email

summaries of conversations so that you have written records), Keep records of all medical appointments and any assessments.   Keep all relevant letters and print outs of emails

(You will need this information to prove you are doing all you can, especially if you are threatened with prosecution for non-attendance. It will also be useful if you apply for an EHCP).

For every absence send an email to school so you have a paper trail of evidence of when and why each time.

3. Consider contacting the Education Welfare Officer/Attendance Officer for the school to explain the situation. Tell them you want your child to attend school, and that is what you are trying to achieve, but there are significant anxiety issues - explain to them how you are trying to support your child and what your concerns are. Some people find they get no help, some get help, but some get a lot of pressure to force attendance, so you need to make a decision about what you want to do, but the EWO will probably become involved at some point if the attendance difficulties continue. [TEMPLATE LETTER 4 is designed for contact with the EWO in relation to ATTENDANCE AUTHORISATION & RECORDS]

4. Write to the school using SCHOOL REFUSAL TEMPLATE LETTER 1, 2 or 3 [see appendix] – personalise it to your situation and include relevant information about your child’s difficulties. (Use the paragraphs you need and delete those you don’t need). Check the school are following their own policies (attendance/ SEND/ etc. and point out any discrepancies.

Keeping records:https://itmustbemum.wordpress.com/2017/04/11/what-to-record-and-how-to-store-it/#more-4009

Contact: Handling absence from school:https://contact.org.uk/advice-and-support/education-health-social-care/education/handling-absence-from-school/

A USEFUL SUMMARY ABOUT ATTENDANCE AND ILLNESS POSTED ON FACEBOOK...

I'm (K----, admin) getting sick and tired hearing that yet another family is being harassed because their child is off school sick!! Illness is NOT a privilege that needs authorising! It is beyond our control and hence a statutory defence in the eyes of the law. The 1996 Education Act, section 444 3b (see: http://www.legislation.gov.uk/ukpga/1996/56/section/444) clearly states:

''The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school: ..... (b) at any time when he was prevented from attending by reason of sickness or any unavoidable cause...''

Schools have a legal obligation / duty of care to ensure the physical and mental wellbeing of the children in their care and that includes support when ill (not threats and bullying!) and allowing illness to be treated in the manner it requires. Whilst the DfE's current stance on absences might be considered 'draconian' it is with total disbelieve and disappointment that many head teachers have willingly become bullies and dictators over ANY and ALL absences, including illness and ignoring professional advice in the process (NHS guidelines as well as GP / consultant letters, YES REALLY!!).

Attendance registers at school are legal documents and must be ACCURATE, since only 'unauthorised absences' are of any consequence, it's best to check that they mark illness correctly (mark I) and NOT as G- unauthorised (if you have 'class charts' you should be able to see it, otherwise ask for an up to date copy of his/her attendance record for this academic year). Query it immediately (in WRITING - email's fine) if they mark it 'unauthorised'!!

If your child is absent for a longish time (usually 5 plus days) it's not unreasonable to request some sort of evidence (explained below), BUT, not for the usual short term ailments - it's ridiculous to go and see a Dr. for D&V / cold / a bit of temp etc!! Unfortunately, given the circumstances I recommend you ALWAYS inform the school in writing (again, email is fine and if you keep a diary, write a quick note on/in it ''Josh ill, temperature...'') if your child if off sick, that way you have immediate proof should it come to it.

The government / DfE gives clear advice on illness, that schools cannot simply choose to ignore:''Code I: Illness (not medical or dental appointments) Schools should advise parents to notify them on the first day the child is unable to attend due to illness. Schools should authorise absences due to illness unless they have GENUINE CAUSE FOR CONCERN about the veracity of an illness. If the authenticity of illness is in doubt, schools can request parents to provide medical evidence to support illness. Schools can record the absence as unauthorised if not satisfied of the authenticity of the illness but should ADVISE PARENTS OF THEIR INTENTION. Schools are advised NOT to request medical evidence unnecessarily. Medical evidence can take the form of prescriptions, appointment cards, etc. rather than doctors’ notes.'' (source: Government guidelines: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/564599/school_attendance.pdf )

And here again, British Medical Association, quote: ''It should be noted that GPs do not provide sick notes for schoolchildren. When children are absent from school owing to illness, schools may request a letter from a parent or guardian, and this is no different during an exam period. However, children who have missed exams due to illness are frequently told by schools that a note from a doctor is required; but this cannot be provided by a GP. Aside from the fact that parents/guardians are responsible for excusing their children from school, GPs cannot provide retrospective sickness certification. When a child suffers from a long-term condition, any certification will be provided by the responsible specialist.'' (source: https://www.bma.org.uk/advice/employment/gp-practices/service-provision/supporting-pupils-at-school )

If someone receives a Penalty Notice (or worse a summons) as a direct result of their child being home sick it borders on gross incompetence / injustice of both:- your head teacher (yes, without them referring someone to the council there is no Penalty Notice!): Attendance registers are legal documents, hence to mark the register wrong (ie illness as 'unauthorised') without informing you / disregarding your explanation for the absence, is clearly a conscious act to accuse you of something you haven't done (could be considered vindictive and is illegal)! - and the LA for not doing their job properly and checking the facts!

5. If your child already has a recognised SEND and/or an EHCP the school refusal/anxiety strongly indicates that their needs are not being met and/or the support they have in place needs adapting. So, speak to the SENCo; or request an urgent review of the EHCP; or start an application for an EHCP if you do not have one in place. * If you need advice about SEND or EHCPs, consult with a service such as SENDIASS, IPSEA or SOS!SEN.

SENDIASS: https://councilfordisabledchildren.org.uk/information-advice-and-support-services-network/find-your-local-ias-service

IPSEA: https://www.ipsea.org.uk/contact/advice-and-support

SOS!SEN: http://www.sossen.org.uk/helpline.php + http://www.sossen.org.uk/information_sheets.php

6. It may become necessary to obtain copies of your child’s educational records from the school. Ask for a copy of ALL RECORDS through RIGHT OF SUBJECT ACCESS under THE DATA PROTECTION ACT 1998 [see template letter 5 in appendix].

Check through the records carefully and look for any unauthorised absences in the attendance record. When there are gaps in the paperwork or inaccuracies email your school and ask for the records to be amended.

GUIDANCE: Accessing Pupil Information https://ico.org.uk/for-the-public/schools/pupils-info/

https://uk.practicallaw.thomsonreuters.com/6-385-6030? __lrTS=20170710202233277&transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1

ACE Education Advicehttp://www.ace-ed.org.uk/

Parental Responsibility Measures (school attendance)https://www.gov.uk/government/publications/parental-responsibility-measures-for-behaviour-and-attendance

School Attendance (registers and codes)https://www.gov.uk/government/publications/school-attendance

School Complaints Procedureshttps://www.gov.uk/government/publications/school-complaints-procedures

LEGAL ADVICE

Legal Society - find a solicitor http://solicitors.lawsociety.org.uk/?Pro=True

CORAM: Children’s Legal Centre http://www.coram.org.uk

Child Law Advice http://childlawadvice.org.uk

Douglas Silas SEN Solicitors http://www.specialeducationalneeds.co.uk/

SEN Legal http://www.senlegal.co.uk/

Simpson Millar http://www.simpsonmillar.co.uk/services/education-law/representation-for-non-attendance.aspx

HCB Solicitors http://www.hcbgroup.com/site/sectors_serv/education-solicitors/

SEN Expert Solicitors https://www.senexpertsolicitors.co.uk/what-we-do/useful-information

Law Stuff (for young people) http://lawstuff.org.uk

COURT & TRIBUNAL FORMS & LEAFLETShttp://hmctsformfinder.justice.gov.uk/HMCTS/GetForms.do?court_forms_category=Special%20Educational%20Needs%20and%20Disability%20Tribunal

SEN SUPPORT in SCHOOLThe Additional SEN Support scheme requires that each pupil with SEN is entitled to receive up to £6,000 worth of funding from their school per annum. With this budget, the school / college is expected to provide each CYP with the SEN support that they require.

If a school / college is providing as much intervention, support and/or therapy to a CYP that it can afford from this budget, but your CYP’s needs call for additional support, it may be possible to seek an assessment of their needs by the local authority.

If your CYP’s SEN goes beyond that which can be supported by the school at Additional SEN Support then your local authority should assess your CYP’s educational, health and social care needs. This is an Education, Health and Care (EHC) needs assessment.

Whilst £6,000 is available to support each child as Additional SEN Support, the Department for Education has made it clear that this is a threshold to obtain an assessment. This means that you will not have to show that more than £6,000 worth of support is required in order to obtain an EHC needs assessment.

A request for an EHC needs assessment may be made to the local authority by you or the educational placement. Any other person may also inform the local authority that they believe that your CYP has SEN.

Any request for an EHC need assessment should detail precisely what your CYP’s SEN are, the difficulties they are having in school / college, the support they are receiving in school and evidence of the additional support that is required.

From the IPSEA website:Schools should identify and support children with SEN and/or a disability. Children may be supported from within the school’s own resources under SEN Support or they may have an EHC plan. Schools should record what SEN they have identified a child as having, what outcomes they expect the child to achieve with special educational provision, and what provision is being put in place to reach those outcomes in an SEN Support record. They should trigger an EHC needs assessment where they cannot meet a child’s needs. They should do so if they don’t have the expertise or funding to identify those needs fully or to identify the provision/support the child requires. They should also do so when they know what the child’s needs are and what provision should be put in place, but they cannot make that provision. In these circumstances, if the school has made them aware of the situation, the LA must agree to carry out an EHC needs assessment.

Schools and other settings have clear duties under the SEN and Disability Code of Practice 2015 and must “have regard” to its contents. This means that they should do what it says or be able to explain why they have not done so and the alternative that has been put into place instead

Some children or young people cannot be educated in a school or college and may need to be educated at home or elsewhere. If the LA is satisfied that it would be “inappropriate” for the child or young person to be educated at school or college, they can arrange for any special educational provision which the child or young person requires, to be delivered somewhere other than in a school, college or early years setting – and the LA would then be responsible for continuing to secure and fund that provision. (This is often known as “education otherwise”.)

This is different to the situation where a parent decides to Electively Home Educate (EHE) their child with SEN. This is a choice they are able to make if they want to home school their child. However, in those circumstances, a LA would not have a legal duty to secure any special educational provision which was specified in the child’s EHC plan, because the

parents would be making their own suitable alternative arrangements.A child or young person has a right to an inclusive education in a mainstream school or college with their typically developing peers if they want it. This can only be refused by an LA in the most exceptional of circumstances. The right to a mainstream education does not prevent a parent/young person choosing a special school/college if that is the best choice for the child/young person.

The local authority (LA) has a duty to consider how a child or young person can be supported to achieve the “best possible educational and other outcomes”. This reflects a new and higher level of outcome required by the new law than under the old system.

EHCP’s – Should you apply for an Education Health & Care Plan?

A parent can submit a parental request for an EHC needs assessment and if the school attendance is so low that you are being threatened with prosecution - That is good evidence in itself that the mainstream setting is not able to meet the emotional needs of the child. Parents can make a parental request under section 36.1 of the Children and Families Act 2010 and write it to meet the threshold for assessment to be carried out.

If you want to maintain a school-based education and your child is displaying extreme anxiety it is likely they have unmet educational needs. An EHCP will involve assessments that should identify what these needs or difficulties are and then appropriate support can be organized.

Evidence that a parent is trying to obtain help via an EHC plan is also evidence for a court that the parent is not neglectful of their child’s education.

Gather as much evidence as possible and keep a log of everything- If there is proof in a court that as a parent you are trying to actively engage in getting help then you cannot be accused of neglect - it’s the school and the services that are neglectful.

COMMON EHCP ISSUES:

1. THE SCHOOL SAYS THERE IS NO CHANCE WE WILL GET AN EHCP

From the IPSEA website:

Schools should identify and support children with SEN and/or a disability. Children may be supported from within the school’s own resources under SEN Support or they may have an EHC plan. Schools should record what SEN they have identified a child as having, what outcomes they expect the child to achieve with special educational provision, and what provision is being put in place to reach those outcomes in an SEN Support record. They should trigger an EHC needs assessment where they cannot meet a child’s needs. They should do so if they don’t have the expertise or funding to identify those needs fully or to identify the provision/support the child requires. They should also do so when they know what the child’s needs are and what provision should be put in place, but they cannot make that provision. In these circumstances, if the school has made them aware of the situation, the LA must agree to carry out an EHC needs assessment.

Schools and other settings have clear duties under the SEN and Disability Code of Practice 2015 and must “have regard” to its contents. This means that they should do what it says or be able to explain why they have not done so and the alternative that has been put into place instead

If your child doesn’t have an EHCP or Statement and the school is not listening or is uncooperative then the best course of action is for you to submit a parental request for an EHC needs assessment under section 36 (1) of the Children and Families Act

There are 2 ‘gates to open’ to get an EHCP: 

Gate 1: to get the Local Authority (LA) to assess in the first place, and Gate 2: for the LA to agree to issue a plan once they have assessed.

Gate 1. is the hardest to open – don’t be surprised if you get a response saying things like “the funding delegated to the school of £6000 has to be used first before we consider an Education Health & Care needs assessment” This type of response is not lawful.

It is quite rare that the LA assess and they don’t then issue. So, if a parent can get Gate 1. open, Gate 2. is much easier to open. (It may be necessary to go to tribunal if LA’s are obstructive).

Having a very clear idea of a child’s “needs” is critical to open Gate 1.

So, parents need to identify and explain a child’s needs to meet the legal threshold and submit as much evidence as possible. If you have reports submit them.

2. "GATHERING EVIDENCE IS NOT POSSIBLE IF YOUR CHILD IS NOT IN SCHOOL"

A child has rights in relation to their mental health, the same as physical health issues. There are laws and statutory duties that Local Authorities should be following. To demonstrate a child’s needs exist you may be required to offer medical evidence.

However, in practice, what often ends up happening is that CAMHS often won’t commit to the magical wording the LA insist on i.e. “mentally unfit” to attend school.  

If you have a supportive GP you can try to go down that route and get your child signed off sick with emotional stress issues, but it’s a real mixed bag whether the GP will do it because many don’t really get it either.

However, if a child has such low attendance that a school cannot 'gather evidence' that fact alone indicates the child needs help and support BECAUSE they must have a SEN or complex needs of some sort! That is causing the absence!!

The evidence for an EHCP does not have to be "collected" by the school. A parent is perfectly entitled to submit a parental request under section 36.1 of The Children and Families Act 2014.

"A request for a local authority in England to secure and EHC needs assessment for a child of young person may be made to the authority by the child's parent, the young person (over 16) of a person acting on behalf of a school or post 16 institution."

The legal threshold for securing an assessment is exactly the same for both parents and schools. What a parent needs to do is write the request to evidence how their child meets the legal threshold.

The legal threshold is section 36.8 of The Children and Families Act 2014.“The local authority must secure an EHC Needs assessment for the child or young person if after having regard to any views expressed and evidence submitted under subsection 7 the authority is of the opinion that:

o The child or young person has or may have special educational needs ando It may be necessary for special educational provision to be made for the child or young

person in accordance with an EHC Plan.’

SO, the child’s needs and difficulties need to be identified and described, so that they can be detailed in the EHCP application.

SEN NAV: Tool to identify SEND needs and the relevant terms/wording to usehttps://www.sen-nav.org.uk

For each need:

1. Say what the difficulty is (use the professional term if you know it)2. Describe the difficulty 3. Say what the impact is for the child if there is no support put in place.4. Say why these needs cannot be met within the resources available in the school (complexity).

NOTE: A tip is to be aware of how to word things when you suspect a diagnostic condition but are not clinically qualified to put the label on yourself - you may want to add that to your template. “By observation, ‘Jonny’ has difficulties with ‘xyx’ which are consistent with (whatever the need/difficulty is) and he needs further assessment by an appropriately qualified diagnostician. “ It is a good way of saying - I have noticed ‘xyz’ and the school is not qualified to assess to that level of specialist expertise - what are you going to do about it?

3. SCHOOL SAYS MY CHILD IS 'FINE' / THERE ARE NO ISSUES ONCE MY CHILD IS IN SCHOOL

Information from ANXIETY UK: ( http://www.moodcafe.co.uk/media/19579/cyp_parents_1_2_web.pdf )

Anxiety is not only common, but also extremely debilitating. Anxiety can affect us all in very different ways. Experiences of anxiety can vary greatly from person to person and no two people have precisely the same experience. Anxiety is a completely normal emotion - we all experience it from time to time (think back to your driving test, or an exam for example). However, when a person is suffering with an anxiety disorder, the feeling of anxiety is far more intense and long-lasting. When in the middle of an anxiety attack it can feel as if you are going to go mad, pass out or have a heart attack. If your child experiences severe anxiety, they can get exactly the same feelings and symptoms as adults. They may look terrible when anxious: pale, clammy, crying, shaking, saying they are going to be sick or pass out. However, when this happens, although they may look ill, they are OK. It is extremely rare for someone to pass out when anxious, as it increases their blood pressure. In fact, the immune system actually experiences a boost after a short anxiety attack. Remembering this and trying to stay calm will help you stay in control of the situation, and help you to manage your child’s anxiety.

One important point to keep in mind is that not all anxious children and young people will display the characteristics described above. Some hide their anxiety for fear of someone finding out that they are anxious, with others showing no signs of anxiousness at all containing their feelings of anxiety inside.

4. SCHOOL SAYS AN EHCP IS NOT POSSIBLE AS YOUR CHILD IS MAKING ACADEMIC PROGRESS

An application for an EHCP is based upon NEEDS rather than academic progress. The Government's School's Guide to the SEND Code of Practice gives schools the following advice about identifying SEND:

A pupil has SEN where their learning difficulty or disability calls for special educational provision, namely provision different from or additional to that normally available to pupils of the same age. [...]

Class and subject teachers, supported by the senior leadership team, should make regular assessments of progress for all pupils. These should seek to identify pupils making less than expected progress given their age and individual circumstances. This can be characterised by progress which:

is significantly slower than that of their peers starting from the same baseline fails to match or better the child’s previous rate of progress fails to close the attainment gap between the child and their peers widens the attainment gap

[...] It can include progress in areas other than attainment – for instance where a pupil needs to make additional progress with wider development or social needs in order to make a successful transition to adult life. [...]

For some children, SEN can be identified at an early age. However, for other children and young people difficulties become evident only as they develop. All those who work with children and young people should be alert to emerging difficulties and respond early. In particular, parents know their children best and it is important that all professionals listen and understand when parents express concerns about their child’s development. They should also listen to and address any concerns raised by children and young people themselves.

Persistent disruptive or withdrawn behaviours do not necessarily mean that a child or young person has SEN. Where there are concerns, there should be an assessment to determine whether there are any causal factors such as undiagnosed learning difficulties, difficulties with communication or mental health issues. If it is thought housing, family or other domestic circumstances may be contributing to the presenting behaviour a multi- agency approach, supported by the use of approaches such as the Early Help Assessment, may be appropriate. In all cases, early identification and intervention can significantly reduce the use of more costly intervention at a later stage.

Professionals should also be alert to other events that can lead to learning difficulties or wider mental health difficulties, such as bullying or bereavement. Such events will not always lead to children having SEN but it can have an impact on well-being and sometimes this can be severe. Schools should ensure they make appropriate provision for a child’s short-term needs in order to prevent problems escalating. Where there are long-lasting difficulties schools should consider whether the child might have SEN. Further guidance on dealing with bullying issues can be found on the GOV.UK website.

Slow progress and low attainment do not necessarily mean that a child has SEN and should not automatically lead to a pupil being recorded as having SEN. However, they may be an indicator of a range of learning difficulties or disabilities. Equally, it should not be assumed that attainment in line with chronological age means that there is no learning difficulty or disability. For example, some children and young people may be high achieving academically, but may require additional support in communicating and interacting socially. Some learning difficulties and disabilities occur across the range of cognitive ability and, left unaddressed may lead to frustration, which may manifest itself as disaffection, emotional or behavioural difficulties. [...]

When reviewing and managing special educational provision there are four broad areas of need and support which give an overview of the range of needs that should be planned for, and schools should review how well equipped they are to provide support across these areas. They are:

Communication and interaction Cognition and learning Social, emotion and mental health difficulties

Sensory and/or physical needs

(pages 12 - 14) https://www.gov.uk/government/publications/send-guide-for-schools-and-alternative-provision-settings

4. SCHOOL IGNORE A DIAGNOSIS:

If the school decide they do not agree with a medical diagnosis ask them the following questions in writing (it might make them reconsider and you will have evidence that could come in useful):

1. Who is responsible for the decision?2. What policy are they following when deciding to ignore expert advice?3. Who is accountable for any harm that occurs as a result of them ignoring medical advice?4. Are they willing to contact the expert who carried out the assessment (or a representative of the

team that carried it out) so that they can talk through their observations, assessments and conclusions?

SEN Action: http://www.senaction.co.uk

FACEBOOK Advice Group: EHCP Experiences UK https://www.facebook.com/groups/1142134489176906/

IPSEA MODEL LETTERS https://www.ipsea.org.uk/what-you-need-to-know/model-letters

If you need help with the EHCP process it is also possible to request an Independent Supporter to assist you:

https://councilfordisabledchildren.org.uk/independent-support

More info on who can request an EHC needs assessment and how here:

https://www.ipsea.org.uk/what-you-need-to-know/ehc-needs-assessments/asking-for-an-ehc-needs-assessment

https://www.ipsea.org.uk/what-you-need-to-know/frequently-asked-questions-by-topic/frequently-asked-questions/about- the-new-sen-legal-framework

https://www.ipsea.org.uk/what-you-need-to-know/sen-and-disability-law

http://childlawadvice.org.uk/information-pages/mental-health-in-schools/

http://www.lifewithasdandtherest.net/2016/10/EHCAssessment.html

https://www.specialneedsjungle.com/faq/should-i-request-a-statutory-assessment-for-my-child/

EHCP FUNDING POST-16: http://www.hcbgroup.com/site/blog/education_blog/upper-tribunal-confirms-duties

SEND for Further Education: https://www.gov.uk/government/publications/send-guide-for-further-education-providers

WHAT TO DO WHEN A SCHOOL DOESNT WANT TO HELP...

Although some schools have a positive approach to supporting pupils with anxiety, young people can come up against problems and sometimes be misunderstood by school staff. The school may have contacted you because they feel there is a problem with your child, but this does not mean that they necessarily understand what is causing the problem. Alternatively, you may have raised the subject with them, but they do not appear to take your concerns seriously. If this is the case then this is almost certainly due to a lack of knowledge and understanding of anxiety disorders within the school.

How you approach the school will depend on what has happened prior to the school appearing to be uncooperative. If your child has just started school or has only just had their anxiety condition identified then the approach will need to be different than if there has been significant communication between yourself and the school. The latter approach will very much depend on the type of communication that has occurred, with whom and whether it has been amicable. Each individual case will be different, however, there may be some ideas which may help.

1. EDUCATE YOURSELF thoroughly on everything to do with your child’s condition. It could be useful to read up on other anxiety disorders too as symptoms often overlap.

ANXIETYANXIETY UK Parents Guidehttp://www.moodcafe.co.uk/media/19579/cyp_parents_1_2_web.pdf

https://www.anxietyuk.org.uk/our-services/anxiety-information/young-people-and-anxiety/?platform=hootsuite

ANXIETY RESOURCESHow anxious children might appear/behave in school:http://www.innerworldwork.co.uk/wp-content/uploads/2017/04/Survival-In-Secondary-School-2.pdf

http://www.innerworldwork.co.uk/wp-content/uploads/2017/04/FREE-School-Survival-Download-1.pdf

SEN teacher's Resource Hubhttp://www.humansnotrobots.co.uk /p/resources-hub.html

Coping with anxietyhttp://www.moodjuice.scot.nhs.uk/Anxiety.asp

https://childmind.org/article/what-to-do-and-not-do-when-children-are-anxious/

https://www.anxietybc.com/sites/default/files/adult_hmgad.pdf

http://www.mommyedition.com/how-to-help-children-under-10-cope-with-anxiety

http://www.relaxkids.com

MENTAL HEALTHYoung Minds: http://www.youngminds.org.uk/for_parents

MIND: http://www.mind.org.uk/

Child & Adolescent Mental Health: http://www.camh.org.uk/

Locate your local CAMHS: http://www.nhs.uk/service-search/Child-and-adolescent-mental-health-services-(CAMHS)/LocationSearch/2157

My CAMHS Choices: http://mycamhschoices.org/

Elament (Scotland): http:// www.elament.org.uk

MindEd: https://www.minded.org.uk/

No Panic: http://www.nopanic.org.uk/

Rethink: http://www.rethink.org/

Mental Health Foundation: http://www.mentalhealth.org.uk/

Royal College of Psychiatrists: http://www.rcpsych.ac.uk/

Mental Health in Schools

http://childlawadvice.org.uk/information-pages/mental-health-in-schools/

https://www.gov.uk/government/publications/mental-health-and-behaviour-in-schools--2

ASDThe National Autistic Society http://www.autism.org.uk/

Education Rights Service: 0808 800 4102Autism Helpline: 0808 800 4104Parent to Parent Service: 0808 800 4106

NAS: School Refusal Strategieshttp://www.autism.org.uk/about/in-education/exclusion/school-refusal-strategies.aspx

Tony Attwood (includes information about Girls with ASD) http://www.tonyattwood.com.au

Autism Discussion Page Facebook Group https://www.facebook.com/autismdiscussionpage/

ASD FRIENDLY http://www.asdfriendly.org

AMBITIOUS ABOUT AUTISM https://www.ambitiousaboutautism.org.uk

ARTICLE: ECHP’s for ASDhttps://www.senexpertsolicitors.co.uk/news/high-functioning-autism-and-special-educational-needs/

You Tube film about Autistic ‘Shutdowns’ https://www.youtube.com/watch?v=3WIiL8vBjq0

CRAE Mental Health in Autismhttp://crae.ioe.ac.uk/post/162273223763/know-your-normal-a-new-report-on-mental-health-in

Michelle Sutton writes about Autistic Anxietyhttps://michellesuttonwrites.com/2017/06/08/autistic-anxiety/

SENSORY PROCESSING DISORDERSensory Processing Disorder http://www.sensory-processing-disorder.com

Sensory Differences (NAS) http://www.autism.org.uk/sensory

PATHALOGICAL DEMAND AVOIDANCEThe PDA Society http://www.pdasociety.org.uk/

PDA Guidance https://pdaguidance.wordpress.com/2016/01/27/school-refusal/

NAS Guidance http://www.autism.org.uk/about/what-is/pda.aspx

http://www.autism.org.uk/professionals/teachers/classroom/pda.aspx

SLOWER COGNITIVE PROCESSING SPEEDhttps://www.understood.org/en/learning-attention-issues/child-learning-disabilities/information-processing-issues/slow-processing-speed-and-anxiety-what-you-need-to-know?utm_source=fbshare&utm_medium=social&utm_campaign=share

DYSLEXIABritish Dyslexia Association http://www.bdadyslexia.org.uk/about-dyslexia/parents.htmlDyslexia Action http://www.dyslexiaaction.org.uk/

Helen Arkell Centre https://www.helenarkell.org.uk/

DYSPRAXIADyspraxia Foundation http://dyspraxiafoundation.org.uk

ADHDLiving with ADHD http://livingwithadhd.co.uk

NICE GUIDANCE:

DEPRESSION https://www.nice.org.uk/guidance/CG28/chapter/1-Recommendations

ANXIETY DISORDERS Quality Standards https://www.nice.org.uk/guidance/qs53

SOCIAL ANXIETY DISORDER https://www.nice.org.uk/Guidance/CG159

AUTISM https://pathways.nice.org.uk/pathways/autism-spectrum-disorder

SCOTLAND - SEND Advice

ENQUIRE http://enquire.org.uk/

WALES - SEND Advice

http://learning.gov.wales/docs/learningwales/publications/131016-sen-code-of-practice-for-wales-en.pdf

https://contact.org.uk/media/380068/senwales.pdf

NORTHERN IRELAND - SEND Advice

Guide to SENhttps://www.education-ni.gov.uk/sites/default/files/publications/de/special-educational-needs-parents-guide.pdf

SENAChttp://www.senac.co.uk/

SCHOOL ATTENDANCEhttps://www.education-ni.gov.uk/sites/default/files/publications/de/special-educational-needs-parents-guide.pdf

https://www.tes.com/teaching-resource/school-stress-survey-6386627

Assessment Resources

School Refusal Assessment Scale: http://www.schoolrefusal.co.uk/School%20Refusal%20Scale%20parent%20and%20child_3%20assessment-1.pdf

Strengths & Difficulties Questionnaire: http://www.sdqinfo.com Autism Quotient: https://www.wired.com/2001/12/aqtest/

Diagnostic Tools: https://www.revolvy.com/topic/Diagnostic%20classification%20and%20rating%20scales%20used%20in%20psychiatry&item_type=topic

2. BE AWARE OF YOUR CHILD'S RIGHTS

You can obtain copies of the school’s SEND policy, and complaints procedure.

Schools must supply these on request, or you may find them on the school website.

The Children and Families Act 2014 – Part 3: Section 20

When a child or young person has special educational needs

(1) A child or young person has special educational needs if he or she has a learning difficulty or disability which calls for special educational provision to be made for him or her.

(2) A child of compulsory school age or a young person has a learning difficulty or disability if he or she—

(a) has a significantly greater difficulty in learning than the majority of others of the same age, or

(b) has a disability which prevents or hinders him or her from making use of facilities of a kind generally provided for others of the same age in mainstream schools or mainstream post-16 institutions.

3. ANXIETY IS A SEND if it impacts on a child’s learning and progress.

Many people report that schools say they don’t include anxiety as a SEN, and this is wrong. If you need to challenge this you can ask for the support of SENDIASS, IPSEA, SOS SEN or similar services.

SEND Advice & Guidance

What are Special Educational Needs? https://www.senexpertsolicitors.co.uk/imagelib/SEN_factsheets/What_are_SEN_factsheet.pdf

SEND Code of Practicehttps://www.gov.uk/government/publications/send-code-of-practice-0-to-25

SEND Guide for Parentshttps://www.gov.uk/government/publications/send-guide-for-parents-and-carers

Schools Guide to the SEND Code of Practicehttps://www.gov.uk/government/publications/send-guide-for-schools-and-alternative-provision-settings

SEND for Further Educationhttps://www.gov.uk/government/publications/send-guide-for-further-education-providers

IPSEA https://www.ipsea.org.uk/what-you-need-to-know/sen-and-disability-law

SENDirect https://www.sendirect.org.uk

SEND GATEWAYhttp://www.sendgateway.org.uk/resources.everybody-included-the-send-code-of-practice-explained.html

CEREBRA - PROBLEM SOLVING TOOLKIT http://w3.cerebra.org.uk/help-and-information/guides-for-parents/problem-solving-toolkit/

Special Needs School Transport http://sentas.co.uk

Together Trust https://www.togethertrust.org.uk/what-we-do/family-support

National Elf Service - Learning Disabilities Elf http://www.nationalelfservice.net/about-learning/

Home Education & Special Needs: http://ehe-sen.org.uk/statement.php

Facebook Advice Groups: SEN Action - Forum for special educational needs, EHC plans and Tribunals

https://www.facebook.com/groups/489352661228653/?fref=nf

Home Educating our Special Needs childrenhttps://www.facebook.com/groups/312513312123284/

4. CAN MENTAL HEALTH DIFFICULTIES BE CONSIDERED A DISABILITY?

Some children suffering with mental health problems can be considered disabled under the Equality Act 2010. All schools are under an obligation not to discriminate against pupils on the grounds of disability. See our information page on Disability discrimination in education for further details.

Under the Act disability includes a mental impairment. The mental impairment must have a substantial and long-term adverse effect on the person’s ability to carry out normal day-to-day activities.

Long term means that the symptoms have lasted or are expected to last for 12 months but this need not be consecutive. Transient symptoms may not fall within the Act.

The term “Disabled” in the Children and Families Act is the same as the term used in the Equality Act 2010 - It is defined as:

The child has “a physical or mental impairment which has a substantial (i.e. more than small or insignificant) and long-term (has or is likely to last more than 12 months) adverse effect on his ability to carry out normal day-to-day activities. To attend school is a “normal day to day activity”

The following are examples of mental health symptoms that can be regarded as a mental impairment under the Act:

Anxiety; Low mood; Panic attacks; Phobias; Eating disorders; Bipolar affective disorders; Obsessive compulsive disorders; Personality disorders; Post-traumatic stress disorder; Some self-harming behavior; Depression; Schizophrenia; Autistic spectrum disorders; Dyslexia and dyspraxia; Learning disabilities.

If a child or young person falls within the definition of disability above then the school has particular obligations. Schools are under a duty to make reasonable adjustments to put disabled students on a more equal footing with pupils without disabilities. If an adjustment is reasonable then it should be made and there can be no justification for why it is not made. An adjustment may be considered unreasonable if it is very expensive, and may be a reason for a school refusing to offer school-based counselling.

MIND: ‘Have I got a disability?’

https://www.mind.org.uk/information-support/legal-rights/disability-discrimination/disability/#.WaQdR62ZNsM

The duty to make reasonable adjustments is also anticipatory. This means that schools should give thought in advance to what disabled children and young people might require and what adjustments might be needed to prevent disabled students from being disadvantaged.

If you feel that a school has not complied with its duties under the Equality Act 2010, then the child’s parents can bring a claim within 6 months of the incident in the Special Educational Needs and Disability Tribunal. See the Child Law Advice information page on Disability discrimination in education for further details.

DISABILITY Advice & Guidance

EQUALITY ACT – Reasonable Adjustments: school guidancehttps://www.equalityhumanrights.com/en/publication-download/reasonable-adjustments-disabled-pupils

EQUALITY ACT: Technical Guidance for Schools in Englandhttps://www.equalityhumanrights.com/sites/default/files/technical_guidance_for_schools_england.pdf

EQUALITY ACT: Technical Guidance for Schools in Scotlandhttps://www.equalityhumanrights.com/en/publication-download/technical-guidance-schools-scotland

EQUALITY ACT: DISABILITY DEFINITIONhttps://www.gov.uk/government/uploads/system/uploads/attachment_data/file/570382/Equality_Act_2010-disability_definition.pdf

Disability Discrimination http://inclusivechoice.com/ParentBook.pdf

https://www.gov.uk/government/publications/equality-act-guidance

IPSEA – Disability Discriminationhttps://www.ipsea.org.uk/what-you-need-to-know/disability-discrimination

CORAM: Children’s Legal Centre http://www.coram.org.uk

NYAS (National Youth Advocacy Service) https://www.nyas.net/

Children’s Commissioner:England - http://www.childrenscommissioner.gov.uk/Scotland - http://www.sccyp.org.uk/Wales - http://www.childcom.org.uk/Northern Ireland - http://www.niccy.org/

‘The Voices of Children and Young People’https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/252654/33571_2901304_CMO_Chapter_4.pdf

Irwin Mitchell Solicitors Guidance and Template Lettershttp://www.irwinmitchell.com/personal/protecting-your-rights/social-healthcare-law/the-children-and-families-act-2014/factsheets-and-template-letters

5. Put together some notes

to give a ‘picture’ of your child from birthto present day, including how they behave when not anxious, when their condition was first noticed, and any events or triggers such as bullying. This is important because the school needs to know if they have a bullying problem so they can put a rapid stop to it, or at least be aware that your child is vulnerable.

6. Prepare the school

by supplying them with as much information on your child’s condition as possible. Supply any other information specific to your child e.g. if your child is gifted and talented or highly sensitive then supply information on this as well. This can be given to the class teacher and SENCO (Special Educational Needs Coordinator) in a primary school, and to the form tutor and SENCO in a secondary school. You may also wish to give copies to support staff, or more senior teaching staff.

7. Enlist the help of others

to lend weight to your child’s case, such as by obtaining letters from people who have knowledge of your child’s difficulties e.g. previous school, GP, school nurse, therapist.

8. Arrange a meeting

with the SENCO and class teacher to discuss your child and the provision the school can give, or has been giving. Ensure they have time to read the information you have provided before you meet.

9. Assure the school

that you want to work with them to help your child. Keep all communication as friendly and amicable as you can and try and help the staff feel appreciated and needed. Staff may feel at a loss as how to deal with your child, however once they understand that the behaviour is caused by anxiety, they should want to do everything they can do to help (but this is not always the case).

10. Prepare for all meetings and telephone conversations

by listing in advance what you want to say and any questions you want to ask. Make notes at the meeting and confirm in writing after the meeting with the SENCO anything that has been agreed. This will avoid misunderstandings in the future. Record who was present, date and time of meetings or calls, and take someone with you as a witness if you feel it may be a difficult meeting. You can also arrange for an independent advocate to support you with meetings and school negotiations (contact SENDIASS).

11. Be prepared to compromise

to some degree. Sadly, no school has the resources to reorganise everything for one child, nor do they have an obligation to do so if in doing so they would disadvantage other pupils. Do not get angry, confrontational or threaten. Try to stay as calm as possible.

12. If the school is still being uncooperative

then you may need to approach the next level of command, such as the head of year, assistant head teacher, or head teacher. The school complaint’s procedure should tell you who to approach and in what order.

13. If you are still unhappy

having contacted the head teacher, then the next step would be to write to the clerk of governors. If the Governors can’t help then you should contact the Local Authority (Councilor with responsibility for children & education or Director of Education) or your local MP.

EDUCATION FOR CHILDREN OUT OF SCHOOL FOR HEALTH REASONS...

When a school is aware that a child is likely to miss more than 15 days of school due to health/medical reasons they are supposed to notify the Local Authority so that alternative education can be arranged. Often this does not happen because the school does not see anxiety as a medical/valid reason for absence or they do not understand/have been misinformed about the relevant guidance.

GOVERNMENT GUIDANCE:

Where full-time education would not be in the best interests of a particular child because of reasons relating to their physical or mental health, LAs should provide part-time education on a basis they consider to be in the child's best interests. Full and part-time education should still aim to achieve good academic attainment particularly in English, Maths and Science.

4. The LA should:

o Have a named officer responsible for the education of children with additional health needs, and parents should know who that person is.

o Have a written, publicly accessible policy statement on their arrangements to comply with their legal duty towards children with additional health needs.

o The policy should make links with related services in the area - for example, Special Educational Needs and Disability Services (SEND), Child and Adolescent Mental Health Services (CAMHS), Education Welfare/Attendance Improvement Services, educational psychologists, and, where relevant, school nurses.

o Review the provision offered regularly to ensure that it continues to be appropriate for the child and that it is providing suitable education.

o Have clear policies on the provision of education for children and young people under and over compulsory school age.

Find your LOCAL AUTHORITY guidance: https://www.gov.uk/education-attendance-council

Education for children with health needs who cannot attend schoolhttps://www.gov.uk/government/publications/education-for-children-with-health-needs-who-cannot-attend-school

Alternative Provision: https://www.gov.uk/government/publications/alternative-provision

* You may need to contact your Local Authority yourself or contact SENDIASS; IPSEA; SOSSEN or legal sources for advice.

1. Does a pupil need to have a recognisable medical condition in order to receive support?

Schools do not have to wait for a formal diagnosis by a medical practitioner before providing support to pupils. If the condition is unclear then the head teacher will have to make a judgement about what support to provide to the pupil based on the medical evidence available at the time that the school is made aware of an issue. In exercising this judgement, the head teacher must not ignore the views of the child or their parents or ignore medical evidence or opinion; however, the head teacher can challenge the evidence if appropriate.

http://childlawadvice.org.uk/information-pages/supporting-children-with-medical-needs-in-schools/

2. Waiting times for CAMHS can be long.

If you feel you are not being offered help within a reasonable time then you can make a formal complaint first to the person or organisation providing the service e.g. the GP, dentist, hospital or pharmacist. Alternatively, it is possible complain to the commissioner of that service – either NHS   England  or the area clinical commissioning group (CCG).

3. THE LOCAL GOVERNMENT OMBUDSMAN

We are the final stage for complaints about councils, all adult social care providers (including care homes and home care agencies) and some other organisations providing local public services. We are a free service. We investigate complaints in a fair and independent way - we do not take sides.

Focus Report: ‘Out of School, Out of Mind’ scroll down the list for ‘Out of school...out of mind’ (2011/2016) http://www.lgo.org.uk

Case study five: helping a school refuser or a school phobic

When a child refuses to attend school or appears to have a phobia about attending, the local authority concerned must consider whether he or she is medically fit to attend school. If not, it needs to decide how many hours of what kind of education it should provide.

In cases where a child is physically ill, he or she would probably get the minimum requirement of five hours education a week. But councils should not assume this is adequate in the case of a school refuser or a school phobic child. In these cases, a council would need to consider what more was necessary.

Indeed, whenever a council offers a child less than full-time education, it must regularly review the situation with a view to increasing their hours as appropriate. When investigating complaints, we expect to see evidence that a council properly considered what was suitable for a particular child.

Example of an LGO judgement involving anxiety SEN and alternative provision

http://www.lgo.org.uk/decisions/education/special-educational-needs/16-018-053

MAYBE MAINSTREAM SCHOOL IS NOT THE BEST SOLUTION...

Many families reach the conclusion that it might be better if they deregister their child from mainstream school and put an end to the daily battles and distress of trying to maintain any sort of attendance. This is sometimes a last resort decision, or it can be a decision that is taken in the best interests of the child and tends to be a gut instinct reaction. Many families who take this decision say they wish they had done it sooner, once they see the difference it makes to the child and their family life, however, it is a solution that is not practical or financially viable for some families.

If the school is refusing to offer appropriate support; you are struggling to access mental health treatment; and/or you are being threatened with fines or prosecution for non-attendance there are a variety of actions you can consider:

Explore the options in your local area for alternative schools and learning environments. You may be able to change schools if you can find one that is more suitable or willing to support your child and work with their anxiety. SENDIASS may be able to help you identify a local setting or help you to access it through an EHCP. Some people manage to arrange funding for EOTAS (Education Other Than At School) which includes hospital school, online schooling or home tuition.

See https://www.gov.uk/illness-child-education?fref=gc&dti=307904692554158

Explore the possibility of home education for a period of time - you may reach the point where your child feels ready to try mainstream school again in the future, or you may find that it is better to continue with home education in the longer term. Depending upon circumstances and the child's age, some people deregister from mainstream school and then pay for their child to continue their education via Internet School (ie: Interhigh, NISAI or Briteschool).

ONLINE SCHOOL

INTERHIGH http://www.interhigh.co.uk/

FACEBOOK SUPPORT GROUP: INTERHIGH PARENTS & FRIENDS https://www.facebook.com/groups/1402143886735759/?fref=nf

BRITESCHOOL http://www.briteschool.co.uk/

WEY ACADEMY http://www.weyecademy.com/

NET SCHOOL http://www.net-school.co.uk/

NISAI http://www.nisai.com/

Home education can involve the use of a variety of learning styles, approaches and tools - you can try out different things and see which works best for your child. The important thing to realise is that you do NOT have to replicate school at home - you can follow your child's interests and incorporate day-to-day life in their learning. You can use workbooks, projects, online resources, visit museums and other venues that often offer learning activities. Join local home education groups and find out about local schemes for home educated children or children with SEN if that is appropriate.

HOME EDUCATION

Ed Yourself http://edyourself.org/

EO - Education Otherwise https://www.educationotherwise.org

Educational Freedom http://educationalfreedom.org.uk/

Scotland - Schoolhouse http://schoolhouse.org.uk

Ross Mountney's Blog https://rossmountney.wordpress.com

GUIDANCE: Elective Home Education https://www.gov.uk/government/publications/elective-home-education

FACEBOOK ADVICE GROUPS Home Education and your Local Authority: Help with dealing with officialdom

https://www.facebook.com/groups/239232119524989/

HE Exam Resources Group

https://www.facebook.com/groups/HELinksUK.IGCSE/?fref=nf

http://he-exams.wikia.com/wiki/Main_Page

http://edyourself.org/articles/exams.php

Further Sources of Advice & Support:

ANNA FREUD CENTRE FOR CHILDREN & FAMILIES http://www.annafreud.org

THE SELF ESTEEM TEAM https://www.selfesteemteam.org

THE MIX http://www.themix.org.uk

KOOTH https://kooth.com

SILENT SECRET http://www.silentsecret.com

HUB of HOPE – find your local services and settings https://hubofhope.co.uk

NNPCF - National Network of Parent Carer Forums http://www.nnpcf.org.uk/who-we-are/

Therapy Web - find a therapist - http://www.therapyweb.co.uk/

FINDING a PROFESSIONAL (for reports/evidence) http://www.hpc-uk.org/aboutregistration/theregister/

College / Further Education

Careers Advice for Parents: http://www.careersadviceforparents.org/

SELF-HARM & SUICIDAL FEELINGS

PAPYRUS https://www.papyrus-uk.org/

SELF HARM http://www.selfharm.co.uk/get

HARMLESS http://www.harmless.org.uk

LIFESIGNS http://www.lifesigns.org.uk

NATIONAL SELF HARM NETWORK http://www.nshn.co.uk

NSPCC advice http://www.nspcc.org.uk/help-and-advice/for-parents/positive-parenting-tips/self-harming/self-

harming_wda94588.html

NICE GUIDANCE https://www.nice.org.uk/guidance/cg16

BULLYING

KIDSCAPE https://www.kidscape.org.uk

ANTI-BULLYING ALLIANCE http://anti-bullyingalliance.org.uk

BULLYING UK http://www.bullying.co.uk/

BULLIES OUT – Talking to your school https://bulliesout.com/need-support/parents/bullying/talking-to-the-school/

RED BALLOON http://www.redballoonlearner.co.uk/about.htm

GUIDANCE: Bullying (for Schools)https://www.gov.uk/government/publications/preventing-and-tackling-bullying

EMOTIONAL SUPPORT

Samaritans http://www.samaritans.org/

Counselling Directory http://www.counselling-directory.org.uk/

BACP http://www.itsgoodtotalk.org.uk/

Contact a Family http://www.cafamily.org.uk/

Family Lives (was Parentline) http://www.familylives.org.uk/

National Network of Parent Carer Forums http://www.nnpcf.org.uk/

SOCIAL SERVICES INTERVENTION

FAMILY RIGHTS GROUP http://www.frg.org.uk/

FACEBOOK GROUP – Parents Protecting Children https://www.facebook.com/PPPC.UK/

MAKING COMPLAINTS

Complaints to Schoolhttp://childlawadvice.org.uk/information-pages/complaints-to-schools/

Taking a Local Authority to a SEN Tribunalhttps://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability

Local Government Ombudsmanhttp://www.lgo.org.uk/make-a-complaint

COMPLAINING about NHS services

http://www.nhs.uk/Service-Search/Patient%20advice%20and%20liaison%20services%20(PALS)/LocationSearch/363

http://www.nhs.uk/choiceintheNHS/Rightsandpledges/complaints/Pages/NHScomplaints.aspx

http://nhscomplaintsadvocacy.org/

http://www.nhs.uk/chq/Pages/1082.aspx?CategoryID=68

CONTACT YOUR MP:Some people find it useful to discuss their case with their local MP, some MP's have intervened where a Local Authority, CAMHS or school has not been following laws and statutory guidance.

‘FIND YOUR MP’ http://findyourmp.parliament.uk/

Kay's list of Donts

DONT: Use force to get your child into school. Remember that this is a real fear and extreme level of anxiety.

Think of your worst fear and someone forcing you to confront it. This method of 'facing your fears' is called

"Flooding" and is risky. It is common for children to worsen and suffer long-term effect which are possibly due

to the fact that children have minimal emotional and physical control to refuse.

DONT: Feel let down or let your child see that you feel this way. During a failed effort and upon a return to

Home (place of safety) your child will feel a spell of relief and may make you promises about trying harder the

next day. This may fail again so reassurances must be put in place that if it does go wrong, it's OK. They tried.

DONT: remove your child's devices ie: mobile phone, iPad, tablet, laptop, gaming etc. These are methods of

coping and quite frequently thought to be a route to disciplining children. The reason is they are

a coping mechanism, which fit with the 'mind over matter' strategies; without your child possibly realising

this. Think of it this way. We as adults have worries and anxieties and possibly heightened now you are

experiencing this with your child. When we are busy, our minds are occupied by carrying out the task. When

the task is over, we get a thud or rush of fear through our minds and stomachs as we recall what we were

worrying about (sound familiar?). The anxiety returns until you find another task. For our children, they put so

much effort into their devices because this is when their mind is occupied and they have respite from their

anxiety. When these items are taken away, coping becomes difficult as the overwhelming anxiety returns.

DONT: be forced into something that doesn't feel right. Trust your gut instinct. It is more reliable that you

may realise.

DONT: force your child to bed at night. Many parents report that their child's sleep pattern alters and they

stay awake refusing to sleep. For children, it's a method of slowing down time. Have you ever woken and

thought to yourself how fast the morning has come around? Usually that's because you've fallen asleep and

slept right through. For children, they need to control that period of time and stop it from arriving so quickly.

So.... they refuse to go to bed. Yes, your child will become exhausted but the choice to fall asleep or not is one

thing they can control. However, many children will try their hardest and simply fall asleep.

DONT: forget about you. Too many of us are going through this without support, an avenue to vent and you

will become a nervous wreck. Share and get things off your chest. We have a fabulous group on FACEBOOK

where everyone will listen and advise you. Please don't suffer alone.

http://www.schoolrefusal.co.uk/donts.htm

APPENDIX...

TEMPLATE LETTER 1: LETTER ASKING SCHOOL FOR HELP WHEN ANXIETY BECOMES AN ISSUE

Your address

Date

RE: [Your child’s name and school class details]

[If emailing, do you need to ‘cc’ any other relevant people?]

Dear [name of SENCO / Head Teacher / Class Teacher - as appropriate]

We are writing to request your support in relation to our current difficulties with [child’s name] who is experiencing increasing levels of anxiety about specific aspects of the school environment. Anxiety is a common emotion however, we are noticing that [child’s name] experiences of anxiety are becoming more intense and long-lasting. Therefore, we understand it is important to take steps to address the causes of this anxiety before it becomes an even greater problem, with the potential to have an adverse effect on [child’s name] health and wellbeing. We are aware that, if not addressed effectively, these problems could also affect [child's name] academic progress, overall engagement with school, and could lead to a gradual or sudden decline in attendance.

We have noticed that the difficulties that are influencing the anxiety are related to

(STATE: what are the specific things that your child is anxious about and include any other concerns you may have in relation to possible learning difficulties if applicable)

[You could use this school stress survey and include a copy with the letter]https://www.tes.com/teaching-resource/school-stress-survey-6386627

[If an SEND is already diagnosed - delete if not applicable]

We are doing everything we can to resolve [child’s name] difficulties however we think it is reasonable to conclude that [child’s name] anxiety is linked to his/her diagnosis of [……………..] and this could be a strong indication that his/her Special Educational Needs are currently not being met within the school.

To address anxiety effectively it is important to take advice from professionals with specific training in treating mental health difficulties in order to prevent an escalation of the difficulties, and further harm to a child’s wellbeing. To try to arrange this we have taken the following steps;

[list details of appointments with GP/ referral to CAMHS / Paediatrician appointment / other medical evidence/involvement]

TO PERSONALISE THIS LETTER

BLUE TEXT = fill in child’s name/ other details (and delete the blue text).

RED TEXT = choice of paragraphs (delete those that are not applicable)

REMEMBER to DELETE this box before sending/printing

In regard to the support that can be provided within school, we have been advised to ask you to consider the following questions (which reflect current guidance within The Equality Act 2010, The Children & Families Act 2014 and The SEND Code of Practice 2015), when deciding upon the best ways to help [child’s name]:

Has the school made a referral to an Educational Psychologist for an assessment? Has the school made a referral to CAMHS for an assessment? Has the school assessed the student for SEN (anxiety disorders are a diagnosable disability)

particularly when a parent has reported this as the reason for absence? Has the school provided homework whilst the student is unable to attend - their duty to educate does

not stop because a student does not attend due to showing traits of SEN (diagnosed or not)? Has the school explored the ‘Local Offer’ and made a referral to MAST (Multi Agency Support Team)

who can provide strategies for attendance difficulties?

[IF attendance has been affected include the following points]

Has the school put in place a support plan which has been shared with parents to identify a structured way forward including the strategies in place to phase back in full attendance and a backup plan if this fails?

If the school is unable to provide suitable educational provision that the child can access have they applied to the Local Authority for an EHCP assessment or alternative provision?

[If you want to apply for an EHCP - delete if not applicable]

We have been advised [by IPSEA / SENDIASS / National Autistic Society / SOS SEN /other advisory source - delete as applicable] that following current guidance within The Equality Act 2010, The Children & Families Act 2014 and The SEND Code of Practice 2015), it is advisable to begin the process of applying for an EHCP. Schools should trigger an EHC needs assessment where they cannot meet a child’s needs. They should do so if they don’t have the expertise or funding to identify those needs fully or to identify the provision/support the child requires. They should also do so when they know what the child’s needs are and what provision should be put in place, but they cannot make that provision. [If applicable, mention any interventions that have already been tried but not worked, discussions/meetings that have been held or other evidence you have that the school cannot meet your child’s needs]

[If your child is missing days of school due to anxiety - delete if not applicable]

We are aware that it is our responsibility as parents to ensure our child receives an education that is suitable for his/her needs and abilities. We ask you to note that we are not preventing our child from receiving an education, it is the debilitating anxiety [he/she] is experiencing that is currently preventing their attendance at school. We hope that the detail of this letter offers evidence that we are doing everything possible to resolve these difficulties, and that this allows you to support us and authorise any absence on medical grounds.

[If you want to arrange a meeting at this time - delete if not applicable]

We would like to request a meeting with you so that we can discuss a suitable plan to support [child’s name] mental health needs and protect their educational progress,

Yours sincerely

Your name

Extra paragraph/s to insert if applicable

[If the school want to send staff to collect your child in the morning]

We have considered your suggestion that it is necessary to come to our home in the morning to collect [child’s name] and we appreciate your attempts to help, however we are advised that this action is likely to increase the anxiety and negative feelings [child’s name] has about school and make the situation even more difficult to resolve.

We would therefore like to ask the following questions:

Which school policies are being followed when deciding how to manage mental health difficulties in school? Are the suggested actions based upon advice from a mental-health professional and do you have evidence

that they are recommended? Who will be accountable for any harm that results from actions taken by school staff?

TEMPLATE LETTER 2: LETTER ASKING SCHOOL FOR HELP WITH ANXIETY-BASED SCHOOL REFUSAL

Your address

Date

RE: [Your child’s name and school class details]

[If emailing, do you need to ‘cc’ any other relevant people?]

Dear [name of SENCo / Head Teacher / Class Teacher - as appropriate]

We are writing to request your support in relation to the current difficulties we are experiencing. It seems likely that [child’s name] is suffering from a Mental Health condition called School Refusal (also referred to as School Phobia, School Anxiety or Anxiety Based School Avoidance). School Refusal is a term that describes the reaction of children who experience extreme anxiety and distress in relation to attending school for a variety of reasons. Anxiety is a common emotion however, when a person is suffering with an anxiety disorder such as this, the feeling of anxiety is far more intense and long-lasting. Extreme anxiety of this sort can have an adverse effect on a child’s health and wellbeing and if not addressed can affect their academic progress, overall engagement with school, and lead to a gradual or sudden decline in attendance.

[If you haven’t got a diagnosis of anxiety/SEN]We are doing everything we can to resolve [child’s name] difficulties however we need to acknowledge that due to the severity of the anxiety it may not be possible for [child’s name] to maintain full-time attendance until the underlying causes of the anxiety have been assessed and treated or addressed sufficiently.

We have noticed that the difficulties that are driving the anxiety and school refusal are related to

(STATE: what are the specific things that your child is anxious about)

[You could use this school stress survey and include a copy with the letter]https://www.tes.com/teaching-resource/school-stress-survey-6386627

OR [If an SEND is already diagnosed]

We are doing everything we can to resolve [child’s name] difficulties however we think it is reasonable to conclude that [child’s name] anxiety is linked to his/her diagnosis of [……………..] and this could be a strong indication that his/her Special Educational Needs are currently not being met within the school.

[If you want to apply for an EHCP]We have been advised by [IPSEA / SENDIASS / National Autistic Society / SOS SEN /other advisory source - delete as applicable] that it is advisable for us to begin the process of applying for an EHCP. According to IPSEA, Schools should trigger an EHC needs assessment where they cannot meet a child’s needs. They should do so if they don’t have the expertise or funding to identify those needs fully or to identify the

TO PERSONALISE THIS LETTER

BLUE TEXT = fill in child’s name/ other details (and delete the blue text).

RED TEXT = choice of paragraphs (delete those that are not applicable)

REMEMBER to DELETE this box before sending/printing

provision/support the child requires. They should also do so when they know what the child’s needs are and what provision should be put in place, but they cannot make that provision. [If applicable, mention any interventions that have already been tried but not worked, discussions/meetings that have been held or other evidence you have that the school cannot meet your child’s needs]

To address anxiety effectively it is important to take advice from professionals with specific training in treating mental health difficulties in order to prevent an escalation of the difficulties, and further harm to a child’s wellbeing. To try to arrange this we have taken the following steps;

[list details of appointments with GP/ referral to CAMHS / Paediatrician appointment / other medical evidence/involvement]

We have been informed that in addition, you should be able to arrange for the input of an Educational Psychologist. Therefore, we ask that an appointment with the Educational Psychologist linked to the school is arranged as soon as possible to assess [child’s name] difficulties and offer guidance on how school staff can offer effective support. Government guidance also recommends that schools involve their school nurse and other local specialist services who support social, emotional and mental health difficulties.

In considering how best to support [child’s name] please can we draw your attention to the following points in relation to the Disability Act, Equality Act, Children & Families Act 2014 and the SEND Code of Practice:

Relevant mental health symptoms such as anxiety, panic attacks and depression are regarded as a mental impairment or disability under the Equality Act 2010.

A child or young person has special educational needs (SEND) if they have learning difficulties or disabilities that make it harder for them to learn than most other children and young people of about the same age. According to the SEND Code of Practice, these special needs do include social, emotional or mental health difficulties, and it is acknowledged that children who are extremely anxious need support and understanding as they will find it harder than other children to learn and access an education.

The Department for Education has issued Statutory Guidance and non-statutory advice on Ensuring a good education for children who cannot attend school because of health needs. This states that if a pupil’s absence is expected to last for more than 15 days then the school should inform the local authority who is under a duty to ensure that the child receives as normal an education as possible while he or she is absent. The local authority must start arranging the education from the first day that the school has notified them of the absence. A range of options can include home teaching, a hospital school or teaching service, or a combination of those options. A full-time education should be provided unless part time education is more suitable for the child’s health needs.

We are aware that it is our responsibility as parents to ensure our child receives an education that is suitable for his/her needs and abilities. We ask you to note that we are not preventing our child from receiving an education, it is the debilitating condition [he/she] is experiencing that is currently preventing their attendance at school. We hope that the detail of this letter offers evidence that we are doing everything possible to resolve these difficulties, and that this allows you to support us and authorise any absence on medical grounds.

[If you want to arrange a meeting at this time]We would like to request a meeting so that we can discuss a suitable plan which will allow us to follow relevant statutory guidance in support of [child’s name] mental health needs and which will protect their educational progress,

Yours sincerely

For further information about school refusal/anxiety please see:

http://www.babcock-education.co.uk/ldp/absa https://www.barnet.gov.uk/dam/jcr:2fc6fd1f-ac72-447e-9130-d9cd5d0d1e2c/school-

based-anxiety-information-for-schools. http://childlawadvice.org.uk/information-pages/mental-health-in-schools/ https://www.anxietyuk.org.uk/our-services/anxiety-information/young-people-and-

anxiety/?platform=hootsuite

Extra paragraph/s to insert if applicable

[If the school want to send staff to collect your child in the morning]

We have considered your suggestion that it is necessary to come to our home in the morning to collect [child’s name] and we appreciate your attempts to help, however we are advised that this action is likely to increase the anxiety and negative feelings [child’s name] has about school and make the situation even more difficult to resolve.

We would therefore like to ask the following questions:

Which school policies are being followed when deciding how to manage mental health difficulties in school? Are the suggested actions based upon advice from a mental-health professional and do you have evidence

that they are recommended? Who will be accountable for any harm that results from actions taken by school staff?

We feel that this course of action is not the correct one to take at this current time and we ask that you take further professional advice before proceeding.

TEMPLATE LETTER 3: WHEN YOU DONT AGREE WITH THE SCHOOL's APPROACH or ACTIONS

Your address

Date

[If emailing, do you need to ‘cc’ any other relevant people? – LA, CAMHS, GP, MP]

Dear [name of SENCO / Head Teacher / Class Teacher - as appropriate]

RE: [Your child’s name and school class details]

We are writing to request your support in relation to the current difficulties that our [son/daughter] [child’s name] is experiencing with a mental health condition commonly called School Refusal (also referred to as School Phobia, School Anxiety or Anxiety Based School Avoidance). This term describes the reaction of children who experience extreme anxiety and distress in relation to attending school for a variety of reasons. Anxiety is a common emotion however, when a child is suffering with an anxiety disorder such as this, the feeling of anxiety is far more intense and long-lasting. Extreme anxiety of this sort can have an adverse effect on a child’s health and wellbeing and, if not addressed appropriately, can affect their academic progress, overall engagement with school, and lead to a gradual or sudden decline in attendance.

As you are aware, we are doing everything we can to resolve [child’s name] difficulties [including………………. ……………………………………………………………………………………….......] However, [we have needed to acknowledge / we have been advised by………………….…] that due to the severity of [child’s name] anxiety it is not possible for [him/her] to maintain full-time school attendance until the underlying causes of their anxiety have been treated or addressed sufficiently. [If relevant state if you have any medical evidence about any diagnosis of SEND or any medical advice about the approach you should be taking]

We are writing to you today because we have been informed by ………………………………..that ………………. …………………………………………………………………………………………………………………………….………………………………………………………………………… and we have significant concerns that this approach is unlikely to resolve [child’s name] current difficulties with anxiety and could make the situation worse. These concerns are shared by ………………………………………………....... who advised us that………...................... ……………………………………………………………………………………...….………………………...……………

We are concerned that in [setting these expectations / making these demands] the school is demonstrating that it is not willing to accept mental health difficulties and emotional disorders as either valid reasons for absence, or as special educational needs that require appropriate support and provision. In response to this we would like to draw your attention to the following points from statutory guidance:

The Children & Families Act 2014 states that a child or young person has SEN if they have a learning difficulty” or “disability” which requires “special educational provision”.

A child or young person has a “learning difficulty” if they:

o Have a significantly greater difficulty in learning than the majority of others of the same age. o Have a disability which prevents or hinders them from making use of facilities of a kind generally

provided for others of the same age in mainstream schools or mainstream post-16 institutions.

Disability is defined by The Equality Act 2010. A person is disabled if they:

o Have a physical or mental impairment (The court has ruled that this simply means something physically or mentally ‘wrong’).

o The impairment is long-term. This means that it will last more than 12 months or has a repeated short-term impact which will, in total, last more than 12 months.

o The impact on day-to-day activity is substantial (including that it impairs memory, or ability to concentrate, learn or understand, or perception of the risk of physical danger).

As you are aware, [Child’s name] difficulties with anxiety [and ……] are likely to continue and possibly increase, at least until they receive appropriate assessment and support. These difficulties are significant because they have an adverse effect on their ability to carry out normal day-to-day activities including attending school. The anxiety is hindering [child’s name] opportunities to make use of the school’s facilities and affecting their ability to learn, concentrate or understand. Therefore, it seems reasonable to consider [child’s name] difficulties to be a disability and a special educational need.

We are concerned that the school is not recognising its responsibility to reasonably adjust their expectations and support [child’s name] as a student suffering anxiety through assessment, planning and outside agency support if required. Schools are duty holders under the SEND Code of Practice 2015 and as such the school has the following duties:

SEND Code of Practice 2015 1.24 – Provide high quality teaching that is differentiated and personalised to meet the individual needs of the majority of children and young people. Some children and young people need educational provision that is additional to or different from this. This is special educational provision under Section 21 of the Children and Families Act 2014. Schools and colleges must use their best endeavours to ensure that such provision is made for those who need it.

SEND Code of Practice 2015 6.17 - Class and subject teachers, supported by the senior leadership team, should make regular assessments of progress for all pupils. These should seek to identify pupils making less than expected progress given their age and individual circumstances. This can be characterised by progress which: 

is significantly slower than that of their peers starting from the same baseline  fails to match or better the child’s previous rate of progress  fails to close the attainment gap between the child and their peers  widens the attainment gap

SEND Code of Practice 2015 6.38 - In deciding whether to make special educational provision, the teacher and SENCO should consider all of the information gathered from within the school about the pupil’s progress, alongside national data and expectations of progress. This should include high quality and accurate formative assessment, using effective tools and early assessment materials. For higher levels of need, schools should have arrangements in place to draw on more specialised assessments from external agencies and professionals.

SEND Code of Practice 2015 6.40 - Consideration of whether special educational provision is required should start with the desired outcomes, including the expected progress and attainment and the views and wishes of the pupil and their parents. This should then help determine the support that is needed and whether it can be provided by adapting the school’s core offer or whether something different or additional is required.

SEND Code of Practice 2015 6.44-6.56- Assess Plan Do Review

Assess - the need, involving Teacher, Parents, Pupil, and external agencies if required Plan - adjustments, interventions and support, agree expected impact on progress, along with a

clear date for review Do - the effective implementation of identified support Review - the effectiveness of the support, the impact on the pupil’s progress and the validity of

continuing or revising the support (at agreed date).

If this cycle is not effective in improving a child or young person’s outcomes then professionals must consider requesting that the local authority carries out a statutory assessment of the child’s needs.

A local authority is responsible for carrying out a statutory assessment of a child or young person with SEN under the Children & Families Act 2014 s.36(8) if: the child or young person has or may have SEN. This is only a ‘may’ test and therefore the threshold for the local authority to carryout a statutory assessment is a low one.

There is absolutely no requirement in law for a parent or young person to obtain a report from an Education Psychologist or demonstrate that the school has spent £6,000 on SEN provision in order to demonstrate that a EHC needs assessment is required (DoE 2014 advice).

If a child has such low attendance that a school cannot complete the assess-plan-do cycle or gather evidence that fact alone indicates the child needs help and support as they must have a SEN or complex needs of some sort that is causing the absence.

SEND Code of Practice 2015 11.8 – In instances where agreement about the right approach is difficult it may be necessary to consider Disagreement Resolution to resolve the matter, which is commissioned by the local authority. Disagreement Resolution is a process to address parental concerns with the way school is undertaking its SEN duties, whether there is an EHC Plan in place or not.

 In conclusion, we have been advised to ask you to consider the following questions when deciding upon the best way forward in helping [child’s name] to access suitable educational provision:

Has the school assessed the student for SEN (anxiety disorders are a diagnosable disability) particularly when a parent has reported this as the reason for absence?

Has the school provided homework whilst the student is unable to attend - their duty to educate does not stop because a student does not attend due to showing traits of SEN (diagnosed or not)?

Has the school explored the ‘Local Offer’ and made a referral to MAST (Multi Agency Support Team) who can provide strategies for attendance difficulties?

Has the school made a referral to an Educational Psychologist for an assessment? Has the school made a referral to CAMHS for an assessment? Has the school put in place a support plan which has been shared with parents to identify a structured

way forward including the strategies in place to phase back in full attendance and a backup plan if this fails?

If the school is unable to provide suitable educational provision that the child can access have they applied to the Local Authority for an EHCP assessment or alternative provision?

We want to express our desire to work with you to encourage [child’s name] back into education with the right support to meet their need. However, if there is any doubt as to what form that support takes, we also expect you to undertake your duties in law and obtain relevant and purposeful intervention strategies that demonstrate support that meets this need. This will require assessment from relevant professionals and a subsequent support plan which we can review and implement together.

Yours sincerely

TEMPLATE LETTER 4: LETTER TO EWO or HEAD TEACHER ABOUT ATTENDANCE AUTHORISATION

Your address

Date

RE: [Your child’s name and school class details]

[If emailing, ‘cc’ any other relevant people - EWO / Head Teacher / MP / GP / CAMHS]

Dear [name of EWO/ Head Teacher - as appropriate]

We are writing to request your support in relation to the current difficulties [child’s name] is experiencing with severe levels of anxiety about attending school due to specific aspects of the school environment. Anxiety is a common mental health difficulty, however, we are noticing that [child’s name] anxiety has become intense and long-lasting, to the degree that we believe he/she is not medically fit to attend school. We are currently seeking medical help to treat this severe anxiety as we are aware that, If not addressed effectively, these problems could affect [child's name] academic progress, and long-term engagement with school.

In order to address anxiety effectively we understand that it is important to take advice from professionals with specific training in treating mental health difficulties in order to prevent an escalation of the difficulties, and further harm to a child’s wellbeing. To try to arrange this we have taken the following steps;

[list details of appointments with GP/ referral to CAMHS / Paediatrician appointment / other medical evidence/involvement]

We have noticed that the difficulties that are influencing the anxiety are related to

(STATE: what are the specific things that your child is anxious about and include any other concerns you may have in relation to possible learning difficulties if applicable)

[You could use this school stress survey and include a copy with the letter]https://www.tes.com/teaching-resource/school-stress-survey-6386627

[If an SEND is already diagnosed - delete if not applicable]

We are doing everything we can to resolve [child’s name] difficulties however we think it is reasonable to conclude that [child’s name] anxiety is linked to his/her diagnosis of [……………..] and this could be a strong indication that his/her Special Educational Needs are currently not being met within the school.

In regard to the support that can be provided within school, we have been advised that the following actions reflect current guidance for schools within The Equality Act 2010, The Children & Families Act 2014 and The SEND Code of Practice 2015), when deciding upon the best ways to help any child with mental health related needs:

TO PERSONALISE THIS LETTER

BLUE TEXT = fill in child’s name/ other details (and delete the blue text).

RED TEXT = choice of paragraphs (delete those that are not applicable)

REMEMBER to DELETE this box before sending/printing

The school should make a referral to an Educational Psychologist for an assessment. The school should assess the student for SEN (anxiety disorders are a diagnosable disability)

particularly when a parent has reported this as the reason for absence. The school can make a referral to CAMHS for an assessment if this has not already been done. If the school is unable to provide suitable educational provision that the child can access they should

apply to the Local Authority for an EHCP assessment. If the child is absent for more than 15 days the school is required to inform the Local Authority who

should arrange alternative educational provision [ https://www.gov.uk/government/publications/education-for-children-with-health-needs-who-cannot-attend-school ].

The school should provide homework whilst the student is unable to attend - their duty to educate does not stop because a student does not attend due to showing traits of SEN (diagnosed or not).

The school should explore the ‘Local Offer’ and make a referral to MAST (Multi Agency Support Team) who can provide strategies for attendance difficulties.

The school should put in place a support plan which has been shared with parents to identify a structured way forward including the strategies in place to phase back in full attendance when appropriate and a backup plan if this fails.

We are aware that it is our responsibility as parents to ensure our child receives an education that is suitable for his/her needs and abilities. We ask you to note that we are not preventing our child from receiving an education, it is the debilitating anxiety [he/she] is experiencing that is currently preventing their attendance at school. Schools also have a legal obligation / duty of care to ensure the physical and mental wellbeing of the children in their care and that includes support during periods of ill health and allowing illness to be treated in the manner it requires.

We hope that the detail of this letter [along with copies of letters from...............................] offer sufficient evidence that we are doing everything possible to resolve [child's name] difficulties, and that this allows you to support us and authorise any absence on medical grounds.

Yours sincerely

Your name

RELEVANT INFORMATION & STATUTORY GUIDANCE

The 1996 Education Act, section 444 3b states: ''The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school:

[....]

(b) at any time when he was prevented from attending by reason of sickness or any unavoidable cause...''

[ http://www.legislation.gov.uk/ukpga/1996/56/section/444 ]

The DfE gives clear advice on illness and attendance register codes:Code I: Illness (not medical or dental appointments) Schools should advise parents to notify them on the first day the child is unable to attend due to illness. Schools should authorise absences due to illness unless they have genuine cause for concern about the veracity of an illness. If the authenticity of illness is in doubt, schools can request parents to provide medical evidence to support illness. Schools can record the absence as unauthorised if not satisfied of the authenticity of the illness but should advise parents of their intention. Schools are advised not to request medical evidence unnecessarily. Medical evidence can take the form of prescriptions, appointment cards, etc. rather than doctors’ notes.''

[https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/564599/school_attendance.pdf ]

The Children and Families Act 2014 – Part 3: Section 20

When a child or young person has special educational needs

(1) A child or young person has special educational needs if he or she has a learning difficulty or disability which calls for special educational provision to be made for him or her.

(2) A child of compulsory school age or a young person has a learning difficulty or disability if he or she—

(a) has a significantly greater difficulty in learning than the majority of others of the same age, or

(b) has a disability which prevents or hinders him or her from making use of facilities of a kind generally provided for others of the same age in mainstream schools or mainstream post-16 institutions.

The term “Disabled” in the Children and Families Act is the same as the term used in The Equality Act 2010 - It is defined as:

The child has “a physical or mental impairment which has a substantial (i.e. more than small or insignificant) and long-term (the impairment should have lasted or be expected to last at least a year) adverse effect on his ability to carry out normal day-to-day activities.

The following are examples of mental health symptoms that can be regarded as a mental impairment under the Act:Anxiety; Low mood; Panic attacks; Phobias; Eating disorders; Bipolar affective disorders; Obsessive compulsive disorders; Personality disorders; Post-traumatic stress disorder; Some self-harming behaviour; Depression; Schizophrenia; Autistic spectrum disorders; Dyslexia and dyspraxia; Learning disabilities.[https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/570382/Equality_Act_2010-disability_definition.pdf ]

The Local Government Ombudsman Focus Report: ‘Out of School, Out of Mind’ http://www.lgo.org.uk

Case study five: helping a school refuser or a school phobic

When a child refuses to attend school or appears to have a phobia about attending, the local authority concerned must consider whether he or she is medically fit to attend school. If not, it needs to decide how many hours of what kind of education it should provide.

In cases where a child is physically ill, he or she would probably get the minimum requirement of five hours education a week. But councils should not assume this is adequate in the case of a school refuser or a school phobic child. In these cases, a council would need to consider what more was necessary.

TEMPLATE LETTER 5: RIGHT of SUBJECT ACCESS REQUEST

[Your Name]

[Address]

[Date]

Dear [HEAD TEACHER or CLERK to GOVERNORS NAME]

We are writing to request access to our child’s school records under the Education (Pupil Information) (England) Regulations 2005 - Regulation 5 –

“Regulation 5 of the Pupil Information Regulations provides that the governing body must make a pupil's educational record available for inspection or provide a copy of the record within 15 school days of a parent's written request. The time for response includes any time taken to seek third party consent. The school cannot charge to make the record available for inspection. Charges for copying the educational record are set by the governing body and must not exceed the cost of supply (regulation 5(3)) “

For the avoidance of doubt, we request full copies of school records for [CHILD’S NAME] to include but not limited to:

1. All records from beginning of year ….… [Or start of education year] including the consultation period prior to [optional if child was previously at a different school] [child's name] starting date at [name of school].2. All correspondence relating to [child's name] including letters and emails, both sent and received internally & externally3. All records including special education needs records, IEP’s SEN Support Plans, Provision Maps &/or equivalent (all planning, monitoring documents).4. Any reports on [child's name] by any party including any outside agency involved (Speech and Language Service, learning Support etc)5. Disciplinary records6. Administrative records7. Attendance records8. Memoranda9. Electronic records10. Records of any conversations, meetings and telephone calls/conversations including those to outside agencies.11. Any incident reports12. Personalised timetable/programme/intervention including baseline levels and attainment within. Teacher On-going Assessments “without levels” of my child’s attainment in securing compulsory criteria & evidence used to ascertain security13. Any other material pertaining to the child. All of the above to be redacted where necessary with consideration for data protection - Information that mentions another person in passing, such as letters which include details of the special educational needs provision for a number of children in the school including the applicant's child. This information should be edited to blank out names other than the applicant's.

Yours sincerely,

Legislation governing access to pupil informationThe following legislation provides individuals with rights to access pupil information:

The Education (Pupil Information) (England) Regulations 2005 (SI 2005/1437) (Pupil Information Regulations) give parents of pupils at maintained schools the right to access their children's educational records and set out when such requests may be refused. In Wales, the same right is provided under the Pupil Information (Wales) Regulations 2011 (SI 2011/1942) (Welsh Regulations).

The DPA 1998 applies to all schools as data controllers holding personal data about pupils (see Practice note, Overview of UK Data Protection Regime: Personal Data and Checklist, When data are "personal data" for the purposes of the Data Protection Act 1998?).

The FOIA 2000 applies to all schools which are public bodies and permits the public to access any information held by them, subject to certain exemptions. Specifically, information need not be disclosed under the FOIA 2000, if to do so would breach the principles of the DPA 1998 (see Practice note, Freedom of information).

Additional requirements apply to schools in respect of disseminating pupil information to specific bodies, notably under section 537A of the Education Act 1996, and regulations made thereunder which are beyond the scope of this note.http://uk.practicallaw.com/6-385-6030

Pupil Information Regulations do not apply to non-maintained schoolsThe Pupil Information Regulations do not apply to non-maintained schools, such as academies (Regulation 4, Pupil Information Regulations). Parents of children at non-maintained schools wishing to access information must therefore make a subject access request for information under the DPA 1998 (see Subject access requests under section 7 of the DPA 1998

Subject Access Request (SAR) – Academies & independent schools Special Cases 51 -https://ico.org.uk/media/fororganisations/documents/1065/subject-access-code-ofpractice.pdf

While the right to access information under the Pupil Information Regulations is limited to the information contained in the educational record, the right under Section 7 extends to all personal data held about the data subject. This could include information contained in unfiled correspondence and even informal notes made by teachers. The time limit for providing information pursuant to a subject access request is 40 days. In practice, schools responding to requests under either regime will not distinguish between them and will disclose all the personal data relating to the child that they are able to find and extract.

Also in relation to access to informationAccess Social services & access information from a public bodyhttps://ico.org.uk/for-the-public/official-information/

How do I access my medical records (health records)?http://www.nhs.uk/chq/pages/1309.aspx?categoryid=68

0-18 guidance: Access to medical records by children, young people and their parentshttp://www.gmcuk.org/guidance/ethical_guidance/children_guidance_53_55_access_to_medical_records.as