Kid's rights vs parent's wishes

[Canopus]

If a kid is statemented and attends a SEN school then can they leave the school if they don't want to be there, but their parents want them to attend the school?

 

The procedure for leaving a SEN school is more complicated than for leaving a mainstream school and involves informing the LEA as well as the school. If a kid can deregister themself from the school without their parent's consent then how can it be achieved?

[Zemanski]

I don't think it is legal for a minor to deregister themselves

 

a statemented child is supposed to be consulted at the point of statutory assessment and again each year at annual review - they should have the opportunity to state their case at this meeting or in a child's advice in wiriting to the meeting

 

I don't think many are supported too well to say what they really think though, and possibly many do not have the maturity to put their point of view across effectively enough to really make a difference. Because they are minors adults have the responsibility for actually making decisions about their educations and have the final say.

 

Zemanski

[Tally]

My brother needed our parents' permission when he decided to leave the 6th form, aged 17. He could have left home, had a child, been married (with parents' consent), worked full time, but he couldn't choose to leave school. Perhaps if he insisted, it may have been possible at this age.

 

I think the child's opinion is important though. If a child were deeply unhappy in a certain school, they might kick up and misbehave until it became impossible to educate them in that environment.

[Canopus]

I am writing an article about bullying. Some kids who attend SEN schools are bullied or treated badly and want to leave. In some cases their parents want them to attend the school because they think (or have been misled to believe) that it is the best place for them. Some headteachers are very eloquent and highly adept at convincing parents and the LEA that the school is the best place for their kid when in reality it isn't. They make false promises, put spin on reports, take advantage that parents don't fully understand the system and know their rights, and in some cases outright lie. In certain situations it is very difficult for a kid to make their point that they don't think the school is suitable or the best place for them.

 

I suppose a kid could write letters to the school and LEA telling them that they have left, then fail to turn up after the date stated in the letters. Would the letters be legally binding or would the kid legally be classed as a truant?

[Helen]

Canopus,

 

Have you tried contacting The Disability Law Service: http://www.patient.co.uk/showdoc/26739429/ for some information/advice? If you haven't done so already you will need to make a telephone appointment with an educational solicitor.

Edited November 15, 2005 by Helen

[Zemanski]

the child would be classed as truant and the parents' could be prosecuted for not making the child attend school - in law it is their responsibility that the child is educated and that means they must either send the child to school or deregister them and provide education in some other way, they do not have a choice in this.

 

of the things mentioned only having sex at 16 is legal without parental consent - children should also have permission to leave home legally but most either do get parental support (even if it's sometimes only a 'glad to see the back of you') or their parents couldn't stop them anyway so they go along with it.

 

I agree it is very difficult to make your voice heard as a child, even as a parent it is very hard. I am helping Com put together a 'child's advice' for his review so that he has had a say and it is down in black and white but I can't guarantee it will make a blind bit of difference - last year he wasn't consulted at all, in fact he was being beaten up in a PE lesson just about at the point the head of year was telling us that he wasn't 'a big enough fish for the bullies to bother with'

 

fortunately, we do ask him what he thinks and we do try to listen to his arguments and we try to make the school put as much as we can in place for him to deal with the issues he raises.

 

for example, we've just had a meeting about maths tonight, to try to get the teacher (sullen b****r) to change his teaching style so that Com isn't so bored (and the deputy head told me I'm scary in meetings (she's a right one to talk) )

 

but Com would love to leave school and our decision is no

 

no, because we are making things better for him, he has a lot more good support now than he had even 2 months ago and he is getting happier and more relaxed - he just hasn't noticed yet (honestly). we now have dialogue with and cooperation from the school, he needs to give it a chance before trying something else

 

no, because we have looked at the other schools available across the city and there isn't one that would be more suitable (for lots of reasons) and because to go private he would have to board which he doesn't want to do.

 

no, because the resources and awareness withing the school he is in are just about to have a huge boost in favour of autistic kids as the only autistic unit in the city is opening in January and we want to see if this improves things for him still further.

 

no, because we haven't got the money for home tutoring and he is already beyond us academically in some areas (maths) but still hasn't the maturity to teach himself effectively - home ed would be pretty difficult with Com

 

we have looked carefully at his reasons, and we have tried to address them (he doesn't get bullied very much at all since we threatened to take the school to court ) but we have to weigh up everything and right now we feel that he needs to stick with school a bit longer - if it starts to go downhill again then he will be straight out, that is a promise

 

reasons and responsibilities weave a very tangled web sometimes

 

Zemanski

[Canopus]

the child would be classed as truant and the parents' could be prosecuted for not making the child attend school - in law it is their responsibility that the child is educated and that means they must either send the child to school or deregister them and provide education in some other way, they do not have a choice in this.

 

If however, both letters state that education at home will be provided then will truancy no longer apply?

 

Can a kid register themself at another school or does registration have to be carried out by a parent?

[call me jaded]

These people may be able to provide an advocate:

 

http://www.childrenslegalcentre.com/

[Zemanski]

Canopus, the kid cannot do these things, not as a minor, the parents have the responsibility in law

 

however, as Jaded says, advocacy may be available for the child to help them persuade the powers that be to comply with their wishes under some circumstances (no idea what those circumstances are though).

I do know that children can get advocacy to help them take legal action and are also, again, under certain circumstances, entitled to legal aid.

 

Zemanski

[Canopus]

Legal cases are long and tricky procedures. Bullying often has to be proved which can sometimes be impossible unless witnessed. I suppose the best course of action would be to get expelled from the school.

[call me jaded]

Have the bullying concerns been ignored?

[Canopus]

This is a generalised situation rather than a case involving a specific person.

[littlenemo]

advocacy does not have to lead to litigation but can help the child with mediation too

 

Zemanski