Phase Transfer Deadline Explained
31 March is an important date for your child or young person if they have an EHCP (Education Health and Care Plan) in place and are due to transfer to the Post 16/19 phase of their education.
Partner, Education & Public Law Solicitor
How we helped stop a child with ADHD from being excluded from school, which led to a full turn around in grades.
With threats of exclusion looming, a family in South London reached out to our Education Solicitor, Dan Rosenberg to help with their case. Their young child was at risk of being forced out of an independent day school due to his ADHD causing complications in the class. Dan was instructed as the school were inviting the parents to withdraw the child from the school. Though the child was extremely bright, his ADHD caused issues like distraction and getting into trouble frequently in class.
His parents didn’t agree with the invitation, nor did they want him to leave, as he was very settled at the school. He was in a routine, with many friends. With any individual with ADHD, you must take into account that unexpected change can disrupt their sense of structure and disability. All of this, along with the alternate schools being inappropriate at the time, lead to the parents’ decision to fight for their child to stay at the independent school.
We helped the family to come up with a plan, by having Dan Rosenberg, our Partner and Education Law Solicitor, draft up a ghost letter to send to the school on the parents’ behalf. We advised on all correspondence with the school and prepared them for the meetings with the Head Teacher. This resulted in the proposed withdrawal/threat of exclusion being put on a temporary hold, whilst the situation was monitored.
With no resolutions from the last meeting, the school again looked to push ahead with forcing the boy out of the school, which would result in exclusion. At this stage, Dan wrote to the school on the family’s behalf, setting out the concern that the reasonable adjustments had not been made for the child’s disability. Those were the ones that the parents had previously asked for, and the concern was again addressed via Dan’s direct correspondence. Along with this, Dan addressed the issue that the equality legislation was being breached; which is The Equality Act 2010 . As stated in the act, ‘it is unlawful to discriminate because of the sex, race, disability, religion or belief, sexual orientation or gender reassignment of a child in school’. It is against the law for a school or education provider to treat disabled students unfavourably, which is breaching the legislation.
GOV.UK. (2023). School exclusion. https://www.gov.uk/government/publications/school-exclusion
ADHD Centre. (2023). Children with ADHD and routines. https://www.adhdcentre.co.uk/children-with-adhd-and-routines/
HM Government. (2018). Equality Act advice. https://assets.publishing.service.gov.uk/media/5a7e3237ed915d74e33f0ac9/Equality_Act_Advice_Final.pdf
GOV.UK. (2010). Education rights for disabled people. https://www.gov.uk/rights-disabled-personts
UK Legislation. (2002). Education Act 2002, Section 51A. https://www.legislation.gov.uk/ukpga/2002/32/section/51A?timeline=false
Department for Education. (2023, April 10). What are reasonable adjustments and how do they help disabled pupils at school? https://educationhub.blog.gov.uk/2023/04/10/what-are-reasonable-adjustments-and-how-do-they-help-disabled-pupils-at-school/
Fill in the form below to get in touch with one of our education law team, or call our team today on: 0808 239 9764