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Original poster

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:
DaisyUpsy · 13/07/2023 20:08

Tell them they make the adjustments or you'll take them to the special educational needs and disability tribunal for disability discrimination. You can do this yourself. www.gov.uk/government/publications/form-send4a-disability-discrimination-claim-by-a-parent

Grimbelina · 13/07/2023 20:09

RandomMess

It's the right school for your DD.

I don't think it can be if they are being so cruel and very probably deliberately obstructive before the child has even started.

I would have the fight, make the points, even go to the press in the hope that there would be a change in culture... but I wouldn't send my child there.

Namechangers123484 · 13/07/2023 20:10

Can you seek advice from the equivalent of Sensap in your area? https://www.leeds.gov.uk/one-minute-guides/sensap

essentially they aren’t meeting the EHCP so they can’t meet your daughters needs. You need to push heavily on this now……. Maybe see if your local early help hub can help as well?

https://www.leeds.gov.uk/one-minute-guides/sensap

Interested in this thread?

Then you might like threads about these subjects:

9 year olds Clothing General education Primary education
DaisyUpsy · 13/07/2023 20:10

Agree about thinking twice about whether it's the right school though.

Cuwins · 13/07/2023 20:41

Surely if these are written in her EHCP and they are now saying she can't wear them then they are now saying they can't meet her needs? if that's the case and a further away school can meet her needs then the LA would have to provide transport no? As the further away school would become the nearest suitable school.

Cubsandmiel · 14/07/2023 11:33

Cuwins · 13/07/2023 20:41

Surely if these are written in her EHCP and they are now saying she can't wear them then they are now saying they can't meet her needs? if that's the case and a further away school can meet her needs then the LA would have to provide transport no? As the further away school would become the nearest suitable school.

No, they’re not saying they can’t meet her needs. They can, but are apparently saying that they are choosing not to. Massive difference.

The EHCP is a legally binding contract between the child and the LA and the school is a conduit. If a school is named on the EHCP then it is almost impossible for the school to dislodge that, because “all reasonable steps” must be taken.

You’re barking up the wrong tree here.

inloveonholiday · 14/07/2023 11:42

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.

This. Exactly this. You now have to be assertive and firm. I'd book a slot with IPSEA phone slots and get your legal position so you can be clear and unmoving in all your correspondence.

If they try to negotiate you can stand your ground and refuse.

Superdupes · 14/07/2023 11:43

If you've been to the Head and SENCO then next step would be the governors. They are often very helpful, definitely worth giving them a ring. Be clear about dd's SEN and EHCP and what she needs and why.

If the governors won't help then at that point I'd be seriously considering the other school.

AutismProf · 14/07/2023 11:47

Pragmatically, wear flesh coloured tights with the socks over.

Non pragmatically, they are intrasigent on this, they will be intransigent on other much more important stuff, run like hell. It's about ethos. This school fails.

ZZpop · 14/07/2023 11:52

Flesh coloured or white tights and cycling shorts would still enable skirt length to be seen.

troublemouse · 14/07/2023 12:01

But that's not what this is about. School is pushing back on a request for very reasonable adjustments, boots and compression shorts which are medically prescribed, with no good reason.

Rosecoffeecup · 14/07/2023 13:05

The MAT will have a board of trustees - I'd suggest you contact them (in tandem with pursuing the legal advice that other posters have suggested)

Original poster
RAsnotAccepted · 14/07/2023 17:47

Have spoken to Sendias and the current schools Senco who are both going to help me fight this. Current Senco thinks it's the best school for DD so is going to offer the HT and/or Senco to come in and observe DD using her RAs, to show that they don't cause any issues day to day and you can't even tell she has them.

Many of her current classmates don't even know she has a condition and adjustments. Occasionally a parent notices but it's not caused any issues as far as we know.

OP posts:
troublemouse · 14/07/2023 18:08

@RAsnotAccepted

"show that they don't cause any issues day to day and you can't even tell she has them"

What, if anything, would be the problem with her having issues? Why try to persuade the HT that the issues are invisible? Are visible issues a problem?

This is a really poor response. So disablist.

Beware.

Original poster
RAsnotAccepted · 14/07/2023 18:19

troublemouse · 14/07/2023 18:08

@RAsnotAccepted

"show that they don't cause any issues day to day and you can't even tell she has them"

What, if anything, would be the problem with her having issues? Why try to persuade the HT that the issues are invisible? Are visible issues a problem?

This is a really poor response. So disablist.

Beware.

@troublemouse I don't think current school are trying to make them invisible at all, I think they're trying to show the new school that they don't cause any issues day to day and that DD can manage everything apart from her boots herself - and her EHCP has funding for 1-1 during PE and Outdoor Activities so she has the funding for help with this (it's just doing up the laces and checking she's wearing her insoles properly)

OP posts:
troublemouse · 14/07/2023 18:36

@RAsnotAccepted but even if they did cause issues why wouldn't the new school be on board?

itsgettingweird · 14/07/2023 19:26

A few things.

Firstly the school must let her wear clothing that's prescribed as medical. Legally they have no choice.

But as much as you want to fight it you have to consider if you really think a school that's causing such a fight over these small things is going to be a suitable environment for your dd?

My ds has a physical disability as well as autism and I fought a school for a year.
Then I realised I was never going to win because they would do it if they have a shit.

Named another school on ehcp and stated because school couldn't meet need (you provide the written evidence from them they've declined RA) and then transport must be provided to the next nearest school that can meet need.

Star0Fire · 14/07/2023 19:39

I think they must have misunderstood with you using "cycling shorts" and "tights" rather than their medical name. Send them an email reiterate that these are on prescription for a medical need and reference the equality act 2010

Mammyloveswine · 14/07/2023 21:13

Absolutely take them on!!

I'm a teacher and this is absolutely outrageous!!

Original poster
RAsnotAccepted · 19/07/2023 11:58

Update

Sendias became involved and said that they have no choice but to accept anything "prescribed", in the same way they'd accept insulin if it was for a diabetic child, they have to accept these adjustments although they can specify colour or that other uniform items have to be on top of it. Which is apparently why current school are so fine with everything, they have no choice.

So waiting to hear back from the new school but she will be going in September with everything she needs including her adjusted uniform whether they like it or not. It classes an illegal exclusion if they exclude either internally or externally for uniform when it has been prescribed by a medical professional. As long as that professional is on the appropriate registers/with appropriate agencies for their specialism (so RCN, GMC, HSPC etc).

OP posts:
MerryMarigold · 19/07/2023 12:50

Excellent, well done for fighting this. Hoping you don't have too many battles in the future. 🤞

Cuwins · 19/07/2023 13:08

RAsnotAccepted · 19/07/2023 11:58

Update

Sendias became involved and said that they have no choice but to accept anything "prescribed", in the same way they'd accept insulin if it was for a diabetic child, they have to accept these adjustments although they can specify colour or that other uniform items have to be on top of it. Which is apparently why current school are so fine with everything, they have no choice.

So waiting to hear back from the new school but she will be going in September with everything she needs including her adjusted uniform whether they like it or not. It classes an illegal exclusion if they exclude either internally or externally for uniform when it has been prescribed by a medical professional. As long as that professional is on the appropriate registers/with appropriate agencies for their specialism (so RCN, GMC, HSPC etc).

That makes sense, hopefully now you know that the school will realise they can't argue with you

Ormally · 19/07/2023 14:36

I know this is still a suspicious point of view, but get the information and advice of the above (your update) in writing now, especially the experience of seeing your DC in the school she is still in, before starting (ideally in writing by a journalist, actually, if there's one lurking here - but that's perhaps a rather combative approach for now).

Don't rely on the memory of verbal advice at the end of the summer term. I am concerned that your DC will bear the brunt of every authority figure questioning clothing for some time, as these things are not easy to trickle down from above even if the intentions are supportive, and there's nothing so far that suggests they want to meet you halfway.

Original poster
RAsnotAccepted · 26/07/2023 17:17

Thought I'd update again

Seen another school on Friday, it's closer to home (5 miles) is a primary and it just blew me away, DD also liked it and now won't stop going on about this school so calling an early review and trying to get that school named by September.

OP posts:
YetMoreNewBeginnings · 26/07/2023 17:18

RAsnotAccepted · 26/07/2023 17:17

Thought I'd update again

Seen another school on Friday, it's closer to home (5 miles) is a primary and it just blew me away, DD also liked it and now won't stop going on about this school so calling an early review and trying to get that school named by September.

Good luck!!

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