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.

That sounds positive, I hope it comes together.

You need to point out to the school politely that they simply have no choice. They are bound by the Equality Act 2010; and if the RAs are in the EHCP, then the local authority has an absolute duty to ensure they are in place, and the school has a statutory duty to use its best endeavours to do so under section 66 Children and Families Act 2014. Obviously refusing all RAs point blank is not using best endeavours. If they are still obstinate, point out that it would be such a pity if you had to take enforcement action through a disability discrimination claim in the tribunal, and/or through judicial review, and suggest it would be much better if you could just work together on this.

You might find it useful to talk to the Equality and Human Rights Commission helpline - https://www.equalityhumanrights.com/en

Sorry, having caught up with your update, it sounds as if the new school is clearly the best option. But you might like to point out the legal facts to the academy anyway, and suggest they take legal advice, because sooner or later they will find themselves in big trouble given the attitudes they are showing.

Good luck with getting in to the new school. Hope it all works out.

I'm appalled that the Middle School have taken such issue against medically required clothing. My DD wears Piedro boots too. The black styles are very clearly 'school shoes'. Its a bit rubbish having to wear them in the summer when all her friends are in dainty mary-janes or ballet flats and she sticks out like a sore thumb, but nobody cares and it certainly doesn't hinder her or anyone elses education.

Glad you have seen a better school!

So she could wear white thick tights with her shorts underneath, they could still see how long her skirt is, the only footwear she can walk in safely, typical shorts over the special shorts for PE but they'd prefer her drugged up, in pain and physically vulnerable.

I'd have zero faith on their ability to care for OP. There must be another standard primary somewhere nearer surely?

Fingers crossed

"No tights, not allowed to wear cycle shorts, insisting on a gap between socks and shorts" 😳 so basically making as much opportunity for your DD's underwear to accidentally be on show if she sits down is what this reads to me. Forget reasoning with the school. I'd be contacting Ofsted as Alarm bells should be ringing about who exactly is enforcing this policy and what their motives are if you ask me. I get Schools want to set a certain stamdard and have pupils looking smart, but some if these "requirements" dont do anything to neaten up appearance!