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School won’t accept reasonable adjustments what can I do?

133 replies

RAsnotAccepted · 13/07/2023 08:18

DD is 9, moving to Middle School in September to start Y5.

She has an EHCP due to SN and medical needs.

New schools uniform is incredibly strict:

  • No tights
  • Gap between socks and skirt/shorts
  • No visible logos
  • No boots
  • Blue or black hair accessories including bobbles only
  • No cycling shorts

I can accept the hair bobbles although its inconvenient to go out and buy just blue and black ones.

But DD needs tights in winter. She always wears piedro boots due to a foot issue. She wears cycling shorts underneath her skirt in the warmer months and also for PE – I have agreed that she can wear the cycling shorts under normal shorts in PE but they’ve still said no. I have said I’ll buy black piedros and any colour tights they want, it’s still a no. I can accept all the rest of the uniform (although I think it's incredibly strict expecting 9-11 year olds to ask to remove their blazer and jumpers but hey!)

School won’t accept her RAs even with medical evidence that she needs them. They’re the only local school that said they could meet need and the only school DD liked on viewing. They can meet all other needs.

Is it worth taking them on? If so who? They’re an academy part of a MAT and the headteacher of this school is in charge of the MAT. Current school are trying to get them to agree.

I’m going to look at another school today but it’s 25 miles away and I just don’t think I can manage it everyday as it’s opposite direction to work. Her most recent assessment says she won’t cope in Special School, so that’s not an option. I also really like the Middle School bar this one issue so it does feel unfair - the layout, the positioning of the school in relation to home, the extra curriculars offered all suit DD.

OP posts:
GayPareeee · 13/07/2023 08:21

This is awful, I expect they'd
be on a v sticky wicket here but bring an academy not sure who you could escalate this to.

I can't understand their grounds for refusal as it would not be to their detriment to accept

IamAlso4eels · 13/07/2023 08:22

Take them on, they have a legal duty to accommodate reasonable adjustments as not doing so would be a barrier to your DD's education.

Contact IPSEA and make an appointment with one of their legal team, it's free and they will be able to give you advice on how to word your complaint.

You can also ask for her EHCP to be reviewed and could push to have the uniform adjustments written into that too.

IamAlso4eels · 13/07/2023 08:22

Have a look too at their equality and SEND policies, quote back to them whatever it says about adjustments. Accomodating disability is not optional.

Interested in this thread?

Then you might like threads about these subjects:

RAsnotAccepted · 13/07/2023 08:25

IamAlso4eels · 13/07/2023 08:22

Take them on, they have a legal duty to accommodate reasonable adjustments as not doing so would be a barrier to your DD's education.

Contact IPSEA and make an appointment with one of their legal team, it's free and they will be able to give you advice on how to word your complaint.

You can also ask for her EHCP to be reviewed and could push to have the uniform adjustments written into that too.

@IamAlso4eels RAs are already written into the EHCP in preperation for move to Middle School, they weren't needed before as First School just accepted them

OP posts:
Mistakenidentify · 13/07/2023 08:27

Take them on - they will back down very quickly in my experience. Normally I’d say accept the rules - but in this case adapt them. Draft a letter to the head of the mat, Senco and they will quickly back down. If you want the legal jargon to quote and the phrases to use - please let me know

Mistakenidentify · 13/07/2023 08:28

Oh and get it done in the next 2 days. And get the ball rolling before the summer

Mylobsterteapot · 13/07/2023 08:29

Can/will she wear trousers? That would solve a lot of issues.

RAsnotAccepted · 13/07/2023 08:30

Mylobsterteapot · 13/07/2023 08:29

Can/will she wear trousers? That would solve a lot of issues.

@Mylobsterteapot She can wear trousers, whether she will or not is a completely different story.

But it also doesn't solve the cycling shorts for PE/underneath PE shorts or boots issue.

OP posts:
modgepodge · 13/07/2023 08:31

This is disgraceful. It’s the sort of thing which would look very bad on them in the local press so I’m amazed they’re going doing this path. Definitely fight it.

underneaththeash · 13/07/2023 08:31

The boots surely are medical devices?
I think they haven’t understood properly.

Xiaoxiong · 13/07/2023 08:32

The boots one I would have thought the easiest to solve, given there is a medical need! What is their justification for that?? They don't want her to be able to walk?

PuppyMonkey · 13/07/2023 08:33

I despair, I really do. What do they think is going to happen if children wear… gasp…. TIGHTS? Confused Shock

TimeSlipMushroom · 13/07/2023 08:38

I understand your frustration. I have daily complaints from DS about the futility of his uniform rules

What's the reason for the cycling shorts? And could she wear flesh coloured ones. If her skirt/dress is long enough then the teachers shouldn't really be seeing them to complain!

As a PP said, the boots are a medical device. Send some written evidence of the need to wear them.

mirages08 · 13/07/2023 08:49

I'm a governor
Take them on

CatsOnTheChair · 13/07/2023 08:49

You need to explain to them why, medically, DD needs to wear the boots, tights, cycling shorts etc. It may be obvious to you, but it might not be to others. What, explicitly, will be the problem if DD can't wear cycling shorts? What medical issue will be solved by her wearing tights rather than socks?

Foxesandsquirrels · 13/07/2023 09:05

Let them try. This is completely illegal. Get everything in writing and write to the governors. Contact Ipsea, best day to get an appointment is Fridays.

Meeting · 13/07/2023 09:07

I think you should absolutely fight for her RAs, however I don't fully understand all of them.

Why does she have to wear cycling shorts for PE?

Spendonsend · 13/07/2023 09:12

The school has to make reasonable adjustments.

Id be inclined to write a leter saying that due to childs disability the following adjustments are needed for the following reasons as per the equalities act and if they so no ask them to specify in writing why they dont believe each adjustment requested is reasonable.

If its sensory issues the autism society have a page by a lawyer saying sensory issues are reason for a reasonable adjustment.

MerryMarigold · 13/07/2023 09:26

Is the school ideal for DD if they are this bad on SEN issues? What is the SENDCo like? Can she fight your corner. My friend's son is high functioning autistic and his secondary have made huge adjustments over the years, including a very limited timetable.

Foxesandsquirrels · 13/07/2023 10:03

Meeting · 13/07/2023 09:07

I think you should absolutely fight for her RAs, however I don't fully understand all of them.

Why does she have to wear cycling shorts for PE?

You don't need to understand them. They wouldn't have been written into the EHCP without significant evidence and justification. The whole point in that is the adults dealing with the child will be providing those adjustments without need for constant explanation.
Besides, regardless of the reasons, these adjustments cost the school nothing and they're being difficult for the sake of it. This happens a surprising amount. I once dealt with a parent who's Y6 child with autism was scared of going to the toilet and would end up going at the last minute. They moved to a classroom where the nearest student toilet they felt safe to use was across the school. They would soil themselves. There was a disabled visitors toilet right next to the classroom the child was happy to use. The child wasn't allowed to use it even though they had a 1:1. It took legal action for the school to bow down. It wouldn't have cost them a penny to make this adjustment.

arapunzel · 13/07/2023 10:07

How will wearing tights or cycling shorts be a negative to the school? It’s just such a stupid rule and it’s again impacting girls

Trollfeet · 13/07/2023 10:11

Speak to SOS!SEN or IPSEA, hopefully they can write a letter informing school that the EHCP is a legal document and they need to follow it.

Trollfeet · 13/07/2023 10:15

https://www.ipsea.org.uk/Handlers/Download.ashx?IDMF=2264bd37-2603-452b-8d01-68999b55c9e8

Adjust the above letter to fit your needs. Send to the head of the LA and copy in your new school.

https://www.ipsea.org.uk/Handlers/Download.ashx?IDMF=2264bd37-2603-452b-8d01-68999b55c9e8

MerryMarigold · 13/07/2023 10:16

arapunzel · 13/07/2023 10:07

How will wearing tights or cycling shorts be a negative to the school? It’s just such a stupid rule and it’s again impacting girls

This is also true.

DD's school is a MAT (outstanding school) and pretty strict on uniform, but they are at least allowed tights OR ankle socks (no knee/ over knee socks, which I thought was a bit odd! Think it's to stop the short skirt/ long sock look). I am concerned about a school which is that ridiculous on uniform rules. Are the people saying no actually aware of your DD's EHCP?

RAsnotAccepted · 13/07/2023 11:06

I have explained why she needs each thing.

Tights prevent cold getting into her legs if she's wearing a skirt in the winter - they also offer compression and tightness which helps her pain levels. Apparently the rule on no tights is so they can keep an eye on skirt and shorts length - they have to sit on or below the knee but only just they're not allowed long skirts/shorts or mini ones either.

Cycling shorts are for similar reasons as the tights, they help her pain levels and means I don't have to rely on calpol to control her pain and mean she can actually walk. They are prescribed on the NHS and they offer - black, white or navy blue - they're actually compression shorts not cycling ones but they look like cycling shorts and you wouldn't know the difference if you saw someone wearing them. These aren't allowed as they're skinny fit thats why I offered to make her wear the other shorts over the top.

Piedro boots are because of a problem with her ankles turning when she walks. Apparently these are not appropriate shoes for school apparently, it has to be flat school style shoes, they don't allow trainers or anything with a visible logo either. I've offered to get black but apparently it's still a no.

The school I've seen today was lovely but very far away. It's a general primary though so would let DD have all her adjustments, but it does feel a bit unfair on her she has to go so far away because a school can't make basic adjustments for her.

OP posts: