Disabled son not being offered a school place?

[ApignamedJasper]

My ds2 is severely disabled, no physical disabilities or mobility issues so 'access' as such is not a problem but severe mental disability (autism) has a statement, needs 1:1 at all times and is still in nappies at 7. It is felt that currently he is coping in mainstream school and isn't currently eligible for a special school (waiting list a mile long).

We recently moved areas, necessitating a change of school for him and older ds. Because the area we moved to is much busier, ds1 is in a 'junior' school whereas ds2 needs to be placed in an 'infant' school until september when he too will move up into juniors. They school they were in before had both so they attended the same school. Ds1 was placed in a school within a week of moving, we specifically started applying for school places before we moved to limit the amount of time they both spent out of school.

Ds2 still has not been placed. We applied for a place at the same school as ds1 but at the infants part across the road and they were very reluctant, stated they couldn't get a 1:1, they wouldn't have anyone 'trained' to do nappy changes etc. They have since formally rejected him for a place. Ds2 Therefore has not been offered any school place and I am so angry! How can they even refuse him a place, I didn't think they were allowed to! How can they possibly say they cannot accomodate him? Since he has a statement I thought they were obliged by law to accomodate him! The longer he spends out of school the more difficult it will be for him, we specifically started applying before we moved to try and make the transition as smooth as possible but he's now been out of school for over a month and it's just not bloody acceptable to me. I'm 99% sure that the main problem is his disability, given that ds1 got a place so quickly!

[Theas18]

More knowledgeable people will be along soon but you can't just say " it's his disability" because an infant school can't find an extra place and a junior school can. Juniors aren't bound by the class size rules like infants are- so they can " squeeze another in" - infants can't.

Have you called the authority and asked them to find a place? With a statement and that level of need you may will find a special school will be available to him.

[orangepudding]

Have you spoken to his SEN officer, maybe the panel can choose a school for him.

As far as I am aware schools can turn down children with statements. They have to pay for the first £6k or so from there budget, they can claim they already have too many Sen students to afford another one. In your sons situation they could also claim they don't have anywhere suitable for nappy changes or can't afford to train staff to do it. It's very unfair on your son.

[ApignamedJasper]

They can find an extra place in certain circumstances, it happened to a friend of mine's son. As he has SN he is considered pretty much the highest level of priority you can have for school placements (except children in care, I think they are the same level).

We have already tried to get him a place in a special school as I think it will be more appropriate for him in the long run but we have been told his statement needs reassessing and they won't/can't reassess him until he is in a school. So he needs a mainstream school place before they will consider special school but also the special schools are very high demand and since he isn't physically disabled he is considered less of a priority for theses places.

[ApignamedJasper]

Really Orange? They can just refuse to take him? That's so unfair! It isn't his fault he has a disability, he deserves an education just as much as any other child, why is it ok to deny him that just because they can't be bothered to make allowances for him?

The school would get extra funding because he needs a 1:1 and they qualify for pupil premium for him too so the whole 'we can't afford it' excuse just doesn't wash with me.

All they need to change him is a space on the floor and a toilet, all schools have those. It's ridiculous

[boobybum]

Hello,

You might want to post on the SN section as there are lots of very knowledgable MNetters there. Also try contacting IPSEA for advice.

[capsium]

I think schools can also apply for emergency funding for children moving to their school from another area (to help with initial £6K spend).

The Local Authority website should have the SEN policy and funding criteria. (Because the reforms are still quite new they might also have the School's Forum minutes which discussed roll out of the new funding formula where they would have decided how to cope with these scenarios.)

[ReallyTired]

Some schools have shitty attitudes to disabled kids. I don't think a tutor is solution for such a severely disabled child. He needs a proper school place and has a right to a suitable education.

[prh47bridge]

The LA MUST come up with a place for your son. And if your son has a statement naming a particular school, that school MUST accommodate him. They cannot refuse. That is the law.

Does the statement name this school? Have you moved to a different LA or just within the same LA?

[pinkdelight]

No doubt you're right about the delay being due to his disability - few schools could conjure up a spare 1:1 so as to accommodate your DS2 as swiftly as DS1, but at prh says, a statemented child must be given a place and they can't simply refuse to take him. You should be able to hold them to account without an appeal as the process is already there for allocating places for statemented children even if they need reminding of it! But as zzz says, ideally you could leverage their refusal into an admission to a SS that would suit your DS. Best of luck.

[DeeWe]

I think the statement only gives you automatic entry to a school if it names that school. And I think a school can appeal against being named. Although I think they'll only win that one if they have a very good reason why they can't cope.

Does the statement name that school?

And is the infant class at 30 pupils, or not?

[AKnickerfulOfMenace]

Yy to what deewe said

[Phoenixfrights]

The problem is for the LA to sort out. They have a statutory responsibilitiy to ensure the provision in t he statement is arranged. If they can't find him a place via in-year admissions then they will have to find somewhere for him under the fair access protocol IMO.

If the infant school has a spare place, then it cannot refuse to give it to your son.

[AKnickerfulOfMenace]

By the way, have you applied for a year 3 place for your ds2 for September? You will now be a late applicant but you need to be in the system as you have an infant/junior splitz

[ApignamedJasper]

DeeWe, the statement currently names his old school but it needs reassessing - they have said they can't/wont reassess him until he has a school place. Frustrating!

I think it probably does have the 30 class rule but as he would need 1:1 anyway I'm not sure it would affect their ratios, as a SN child they should accomodate him anyway - it happened to a friend's son, he was accepted into an already full class with no appeal and no 1:1, they just had to go over.

Knickerful, the infants is a 'feeder' school for the juniors, so if he gets in there he will be given a place at the juniors too, plus it is our closest school and his brother already attends.

[AKnickerfulOfMenace]

OP, even for a feeder school (which is how our area works too) you have to do the application form to indicate your choice.

[AKnickerfulOfMenace]

It may be different where you are but please do check!

[AKnickerfulOfMenace]

And anyway, it's worth doing if possible so that you are at the top of the waiting list for yr 3 or even get the place already (as class sizes may be a bit bigger) even if DS2 has to do a term and a half at a different infants.

[AKnickerfulOfMenace]

OP, the school your friend have may have been named on her statement, or the council may have explained they were most likely to be called on under the fair access protocol so the school agreed.

[AKnickerfulOfMenace]

It doesn't sound right that your statement can't be changed to another mainstream school without you being in a school, though I can kinda see that the SS might need additional assessment

[CharlesRyder]

I think you need to chase this through SEN Casework rather than the schools direct. Have you moved LA? If so could you phone the SEN department and ask who your DS's Caseworker will be and take it from there (i.e. demand to know where/ when he will be in school).

[hiccupgirl]

Follow it up with the LA directly as it is their legal responsibility to find him a school place. Have they amended his Statement to name the new school or is there where the problem is?

Also unfortuantly school staff shouldn't be changing a 7 yr old on the floor even if that's what you have to do yourself. The school can insist that it needs proper changing facilities with a wall fixed changing bench to protect it's staff from potential back injuries etc.

[OddBoots]

If the statement doesn't name the school then if they are full they don't have to take him. The LA has a responsibility to find him a school if he can't go there though.