Meet the Bryson family of East Sussex, who suddenly find themselves in a deep hole after being found guilty for their son Archie’s poor record of school attendance. Archie, a teenager with Special Educational Needs (SEN) and dyspraxia, started refusing to go to school regularly in 2022. At first, his absence record remained exemplary. The short-lived increase was soon challenged, leading to a year-long legal battle that ended with a courthouse decision in late September.
At first, Ms. Bryson assumed Archie’s lack of interest was the result of smelly teenage puberty blues. When he finally stopped going to school at all, the Brysons were in a tough spot. They incurred around £30,000 in legal expenses to put their legal case together and understand the multiple complexities of the case through the last year. Indeed, in the end, District Judge Conners granted an absolute discharge in the course of these court proceedings, acknowledging the complexities surrounding Archie’s circumstances.
As the Brysons described, vital supports intended to ensure Archie could succeed in a mainstream classroom were removed for extended periods. This had the effect of greatly exacerbating his anxiety and distress around going to school. This removal of supports made it so that Archie was barely able to function. Unfortunately, this kept him out of school from September 2022 all the way through June 2023. It was during this time that he faced burdens such as daily detention and sleepless nights filled with pacing.
“We weren’t trying to keep Archie out of school,” – Mr. Bryson
They didn’t just passively wait to receive assistance – they went and found it. They enlisted the help of a psychologist, political representatives, and the Northern Ireland children’s commissioner. Even with these changes, the Brysons still found their concerns repeatedly brushed aside by the authorities they had turned to for help—the Education Authority (EA).
“We contacted the psychologist, political representatives, even the Northern Ireland children’s commissioner. We tried everything. But it was overruled by someone at the Education Authority—and we still don’t know why,” – Ms. Bryson
Archie’s experience in school was one of frustration. He often found himself misunderstood. When he put his head down on his desk due to exhaustion, it was misinterpreted as defiance. For the Brysons, these experiences underscored a larger void in understanding and acceptance for children with SEN.
“He’d put his head down on the desk because he was exhausted; his IEP allowed that, but it was treated as defiance,” – Ms. Bryson
Archie’s mental health had suffered greatly while he was out of school. Once, he had tried to jump out of a moving vehicle when the word school was introduced into discussion. These shocking actions further highlighted just how troubled he was.
Mr. Bryson expressed his alarm to their plight. Most importantly, he stressed that they didn’t want to give up on Archie’s education, but they did want to protect him from additional damage.
“I don’t know what they wanted us to do, carry him into school? Wrestle him through the door? We were protecting our son,” – Mr. Bryson
The Brysons very truly feel that their son’s absence from school came due to circumstances outside of their control. They argue that their failure to attend wasn’t because of any refusal to work with law enforcement.
“Our son has a disability and he wasn’t in school for reasons that were not his fault and weren’t our fault,” – Ms. Bryson
In its response, the Education Authority reiterated its duty to protect each child’s right to an education. They admitted the Brysons refused to work with them or follow their instructions.
“However, the parents were not cooperative with the EA and ultimately a court determined that the parents had failed to ensure the child’s regular attendance at school,” – EA
While the case’s immediate focus was on interpreting one law, it has shed light to the larger issues around school support for children with special needs. The Brysons’ ordeal reflects the struggles many families face when navigating complex educational systems while advocating for their children’s rights and well-being.
“The wellbeing, welfare and right to education for all children and young people have always been the Education Authority’s primary concern,” – EA
