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Here you'll find advice from parents and teachers on special needs education.

Original poster

After school club refused

28 replies

Sunisshining12 · 23/03/2021 14:40

Hi, my DC is due to start school in September. There is an EHCP in place with enough funding for full time 1:1. DC has a physical disability & needs help physically with almost everything (no cognitive or behavioural needs).

Headteacher said DC will not be able to attend the after school club (or breakfast/holiday). We have tried our best to reduce hours/change hours at work but I’m still left with 2 days pw needing the after school club.

After looking online, it seemed this could be in breach of the Equality Act 2010 for discrimination based on disability. But when I suggested to the school they are not allowing DC the same access & opportunities as other non disabled children, they said they would have a defence by carrying out a risk assessment and deeming it unsafe for DC to be in the after school club without 1:1 assistance.

He said the EHCP only gives funding for during the school day (9-3). He said the school does not/cannot fund 1:1 outside of these hours therefore DC refused after school club.

LA said anything outside of the EHCP is not their jurisdiction.

I never planned to have a disabled child, and I’m already cutting my hours down to be able to drop DC every morning so no need for breakfast club.

Is there anything else I can suggest to the school or is that it?

OP posts:
Original poster
Sunisshining12 · 23/03/2021 16:57

No we don’t get direct payments? No idea what that is. The EHCP money goes direct to school.

Yes it is nearest suitable school. School is less than a mile away? Next school after that is further & Catholic.

I need after school club 2 days per week. I understand it’s not covered by EHCP.

After school club is run by the school. Don’t need breakfast or holiday clubs as reduced my working hours to cater these.

OP posts:
10brokengreenbottles · 23/03/2021 16:25

The EHCP provision in section F won't cover wraparound care. Is the after school club run by the school or an outside agency?

Do you get direct payments? If so, could you use these after school and during holidays. If you don't get DPs request a social care assessment for DS, one should have been part of the EHCNA. Also, look at your LA's short breaks offer.

If DS needs 1:1 I don't think under the Equality Act the cost of paying for 1:1 would be considered a reasonable adjustment, and therefore not discrimination. I imagine the reasonable adjustment would be to allow you to pay for a 1:1. Discrimination may arise if DS isnt allowed to attend even with 1:1. However, to be sure you could try to get a phone back from IPSEA.

How long do you need care for? Is this the nearest suitable school and how far away is it? Transport could but you some time.

notdaddycool · 23/03/2021 14:45

I suspect if you push on the school need to find the money, but it's hard as your child will benefit from all the goodwill you can create.