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Apologies for namechange

(11 Posts)
NecessaryNamechange Sat 02-Jan-16 21:29:04

I need to not be identified just in case there is progression from this point and I don't want to be identified.

The essence of my query is legal - Is there any action that can be taken against a maintained mainstream school in England for refusing a statemented child (not yet transferred to EHCP)?

Neither of the two permitted reasons for refusal are acceptable - the unable to meet needs 'reason' was directly discriminatory on basis of physical disability and not willing to make reasonable adjustment. This is in writing.

Can't say much more without outing, and don't want to affect any complaint if able to make one.

Notgivingin789 Sat 02-Jan-16 22:38:18

I don't know for sure, I may be wrong. But if there is....oooh it's a private school? I don't think there's much action to be taken, if I'm honest. THOUGH, I could be wrong.

Flanks Sat 02-Jan-16 23:06:11

You need a lawyer to answer this, not a bulletin board.

NecessaryNamechange Sat 02-Jan-16 23:12:31

Yep, I certainly do.
Right now though, having just got the post due to Christmas delays I was wondering whether anyone here might have an idea whether any Equalities legislation could help, rather than just raging impotently until Monday!

Still, at least it's not Christmas week and I can make calls on Monday...

Flanks Sun 03-Jan-16 07:08:49

I know the legislation to a degree, but not in the detail required for this.

Obviously in broad brush strokes a school is required to make reasonable adjustments.

The dispute will revolve around 'reasonable', the impact of such adjustments on other students, and of course whether or not your child is being denied opportunities or not.

It is not unusual for a school to say they can not meet the needs of a student. The question is whether it is discriminatory or not. Hypothetically almost anything can be claimed to be discriminatory, the question is whether the school has properly documented it's reasonable adjustments or not. If they have then they have a large wall of paper that will be hard to argue with. If they have not then you have a large wall of paper that only a lawyer will have time to take in, put together and argue with.

A relatively quick consultation with a lawyer should establish whether their stated reason is likely to be valid or not, and also an honest appraisal of your chances of success in disputing it.

diamondmoon Sun 03-Jan-16 09:43:01

Am I the only one who has had a horrid week of hols and Xmas? My ds waiting to be assessed adhd and been suspended 10 times since sept.
Xmas day morning he took himself in a strop 4 times while opening his presents never looked great full for any of them. At my parents for rest of day he was rude saying rude things constantly talking loudly screaming and having strops if not wining games. Would not eat the dinner and refused to stay at table. I had to go home as next day was throwing things and behaviour at of control. Home all week and he being rude to me saying rude things throwing things in the house just awful. We went out to eat and impossible to keep him quiet. Help am I the only one?? No other posts on how awful this week been!

diamondmoon Sun 03-Jan-16 09:44:56

Sorry should have done new post how to move it?

blankmind Sun 03-Jan-16 10:18:38

Whilst it's not a legal response, please also think of the consequences of 'forcing' a school to accept your child by being legally in the right.

They obviously don't want to give your child a place, so would they really embrace all the necessary interventions your child needs to be part of the school community, or would they just begrudgingly do the absolute minimum and be generally unhelpful if you needed some flexibility occasionally, etc. what are your future relations with the school going to be like, how will that affect your child?

Sometimes, being right isn't the only way to proceed. I've had experience of a very inflexible school who refused to acknowledge my dd's needs and only begrudgingly did the absolute minimum when presented with official dx etc. and one where she was welcomed, accepted, supported and educated to be the best she could be.
In the former she suffocated and at the latter, she blossomed.

I know exactly how hard it is when you're in the midst of feeling outraged that people who should help put more obstacles in your way, I'm fighting yet another battle in those circumstances currently, but try and step back a little and make absolutely sure that school is definitely the right place for your dc before you go ahead.

Good Luck, flowers cake chocolate

Nigel1 Sun 03-Jan-16 12:44:25

I am an advocate and have run this sort of case many times in the past.
In law the school would need to be able to demonstrate that they have/ will take the necessary reasonable adjustments to enable the child to remain at the school under the Equality Act and the Education Act 1996.

Normally LAs are reasonably supportive of parents in these circumstances and will put additional pressure on the school to meet needs. However the school will know that they will have to pay £6k out of their delegated budget to go some way to meeting needs and may not want to do that.

In any case there is clearly a lot of additional knowledge to be shared with the school and the school will be using your child to learn on. ?Do you want that? Given that you are off to a poor start can you see it getting better?

To that effect I agree entirely with Blankmind, above.

With our children it is inevitable that you are going to have to robustly stand up for your child at some time or another, unless you are very lucky. To that effect do you want to get into these issues at this stage or is it better to go somewhere else that is sympathetic to needs and has an embedded skill set.

You can only bang your head against the wall of the school so many times before your head starts getting sore.

I hope this helps.

KeepOnKeepingOn1 Sun 03-Jan-16 16:24:56

You could do a data request for your LA. This will include the letter of refusal from the head of the BOG. otoh you could ask the LA? If the reason for saying no was 'inefficient education' of other DC at the school, the letter will usually state sufficient reason under (I think) Section 21 of the criteria - the no of DC on the SEN register etc in the same class. The LA will liaise with the admissions team and either say the school has to take the child (don't meet criteria and so have to respect parental choice) or accept the criteria is met and the school has the right to say no.

My recent old threads may prove useful - if not (and as well) Google.

Both parental choice and LA choice of school said 'no' when we moved house - LA choice was forced. Not a good place to be. I could not find a m/s that was welcoming sad so had to work with what we had in the present and try and make the best of that (hence tribunal).

Read the warning signs and avoid if you can smile - it's not right, it's not just but sometimes being a parent means you just need to ignore injustice avoid to keep you and your DC safe and healthy.

ime you would have to go to tribunal to challenge the refusal to admit. That's a good five month's away and you would need a plan of where your child will be educated until the hearing. You would also need good reason to believe (backed by evidence) that this action was in the best interests of your DC, right now - the court would focus on this.

Maybe you need to let it go?

Dipankrispaneven Mon 04-Jan-16 22:29:52

So what has happened about the school named in the statement? The LA is entitled to go ahead and name this school in the statement even if it doesn't agree, and if it doesn't like it it will have to go to the Department for Education - which probably won't uphold their complaint on the basis of the facts given by you. If the LA names another school, you can appeal to the tribunal.

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