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

[RAsnotAccepted]

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.

This is one of those situations where i'd write to my mp and ask for their support. Some MPs are quite helpful.

I would fight it. I think I'd ask for a meeting with the head and sendco and make the requests formally and in clear reference to her additional needs. If they say no, ask (and document) their justification and any alternative suggestions they have. Then complain based on these.

Absolutely take them on.

Make sure you use “compression shorts” rather than cycling shorts when speaking to them.

They wouldn’t dream of not allowing a child to have their crutches or wheelchair because it didn’t conform to uniform - your daughter’s compression shorts and boots are absolutely no different to that.

Also make them put it in writing - so either email or actual letter so someone is putting in black and white that they are refusing the RA’s in the ECHP so it can’t be denied (which happens if it’s just verbal - I lost count in my DDs first school of how many times “oh mum must have misunderstood, that is not something we’d say”)

Absolutely 100% take them on.
Everything in writing/email, with everyone necessary cc'ed in.

Absolute dick heads, this has made me so angry reading it. Imagine quibbling over the medical needs of a disabled child who is trying to access education on an even footing with her peers. South they are putting her and you through this.

Are there any local special schools you could consider instead?

Otherwise 100% taken them on and you'll get there. Make sure you have all of her prescribed clothing and piedros etc in writing from physio/OTs etc

OP part of your problem is your language.

They are "compression tights" and "compression shorts".

They are not just "tights" and "cycling shorts".

The compression shorts are a medical device.

People who have never used them have no reason to understand what they are and why people could need them.

Sorry for being dim but I can't understand why she can't wear socks and piedros, why does it have to be tights?

What people normally do is just get a note from the medical professional in charge of her devices to be sent to the school. I've been asked to do that loads of times, problem solved.

I have letters from her podiatrist, OT and orthopedic consultant all state why she needs each item and that it classes as a reasonable adjustment.

@Gettingbysomehow She can and does wear socks with them in the summer, but in winter she's better in tights which the new school won't allow. They also won't allow the piedros.

Well then they are complete idiots and could actually be sued if anything happens to her. I'd complain above their heads because they are being absolutely absurd. Its like saying an asthmatic can't have their ventolin.

If they're like this now god help you.

When someone shows you their true colours believe them.

Good lord, they're not just reasonable adjustments, they're medical requirements! They're required to lessen and manage her pain. I would 100% take them on.

Ask to see their SEND Inclusion policy and their Supporting Pupils with Medical Conditions policy.

Both are required and both should include the complaints procedure.

I work in a behaviour unit and schools with overly strict uniform policy for no sensible reason are the bane of our life. Loads of students come to us following uniform breaches - not necessarily for the uniform breach itself but for the child's reaction when challenged over a uniform requirement they can't meet (either because of SEN or financial or other problems at home).

Schools who can't consider individual students in their uniform policy are guilty of cruelty IMO and need to be challenged.

The local authority can investigate schools who are in breach of the Equality Act, even if the school is part of an academy trust and not LA controlled.

I don’t know exactly how this works but I know it can happen as a senior schools inspector was setting up to do this to my DC’s trust as school weren’t making adjustments and she couldn’t attend. They can also phone the school and make suggestions.

At the 11th hour, the school changed their tune and have behaved a little better ever since.

I’ve also found the local authority education welfare officers to be hugely helpful when I’ve contacted them myself (as they will ultimately be involved if your DD can’t attend because adjustments aren’t being made)

Do you have any other school choices? As it sounds like everything will be a battle at this one.

This is actually a good point.

If you think it’s the best place for your DD then fight them.

However, if they’re going to be dickheads at every turn do make sure it is the best place.

I fought hard twice with schools my DD2 attended and in hindsight with one of them I wish I’d seen it as the warning of how utterly careless they were going to be with her care.

Also, follow up every conversation with an email to reiterate what was said, and if you have a meeting ask for someone to take minutes (and make sure they understand that you expect the minutes to be circulated in a timely manner so you can check that they are accurate)

@FreeQuote This was the only 1 of 3 Middle Schools that said they could meet need, the other 2 said thanks but no thanks basically. There are other primary schools slightly closer but they're still out of our town, and I was counting it as a win that the EHCP was accepted at this school and I could make it work around work.

I'll contact our case worker and ask for the EHCP to be sent to the other schools that weren't contacted. The one I saw today is just to far, although lovely.

She's entitled under The Equality Act 2010 as she has a disability which is a protected characteristic. Being protected from discrimination is also detailed in Unicef's UNCRC articles on the rights of a child docs. There are education law centres who will look at your case, as she's a child it's free.

Just reading this has sent me into rage mode.

Why the fuck do schools think they have the right to

• ignore requirements related to disability
• be absolute pricks about rules that are totally arbitrary when people suggest perfectly reasonably adjustments that would made naff all difference to them and a massive difference to the comfort of the child and their ability to learn and fit in.

It's disgusting and you should 100% stand your ground.

That sounds rubbish OP, I hope you can make it work somewhere else, I don’t know what is wrong with the attitude of some schools and SENCOs.

We have ended up on EOTAS, due to no suitable settings locally, but that does rely on you to ferry to different provisions and back, and it’s isn’t the same hours as full time school so can he harder to work around.

Definitely ask them, in writing, to confirm that they are saying that the Reasonable adjustments in your DDs plan, namely compression shorts, compression tights and boots, are not permitted by them.

Also ask them on what grounds they are not permitted

Make them put in black and white what they are saying and why.

It's ridiculous that schools make up such ridiculous uniform rules, have uniforms which are stiff, scratchy, uncomfortable, will not even make reasonable adjustments when there is good reason for them, then they wonder why they have attendance issues.

If I was in charge of education I'd do two things straight away:

• school uniform is never compulsory
• get rid of fining parents for absence

Would they back down if a solicitor's letter came to them?

If they won’t allow the boots tell them they need to employ a TA to carry her from one classroom to another