Disability and school admission

[BeyondTheLimitsOfAcceptability]

If a child has a disabled parent who applies for the closest few schools, is it actually discriminatory to refuse these?

Really don't want to have to "play the disabled card" to the council but as it stands, I'm home-edding, as the place we've been given is the other side of the city!

Oops. Are they bu? Am I bu?

(Wales, rising three nursery place, not school school)

Surely it would only be discriminatory if they refused admission based on the fact that the parent has a disability? As long as the admissions criteria had been followed I can't see how its discriminatory?

That said, for grounds of appeal then it wouldn't be unreasonable to use the disability as part of the appeal if it would cause extra problems with getting them to a school which isn't local.

Surely it would depend on the disability?

For nursery it will be different again as it isn't compulsory to attend nursery - I guess things work differently in wales though as in England admissions are done directly with the setting which it doesn't sound like is the case here?

I don't think it counts as discrimination under the law, although it's ridiculous that there are schools nearby and your child was offered a place somewhere else. I've heard it happens a lot in cities. We live in a rural area so we have different school problems.

Agree with sirzy

It's not discriminatory because you've not been told they won't accept your child because you are disabled.

But it should carry a lot of weight with an appeal

Good luck

It depends on the entrance criteria.

If there is a category for exceptional social/medical need, then the disability of the parent could be counted as an exceptional social need for the DC.

I think all schools should have such a category, but they cannot be compelled to (unlike LAC or the SEN arrangements if it is the child with a specific need).

OP you are going to have to play the disabled card. It is the only way and what you are entitled to. You are disabled therefore they will have to accommodate you. And quite rightly so. All the best xx

It depends on whether there is an admissions criteria and how that affects people with disabilities.

Under the Equalities Act there is a requirement on organisations to make 'reasonable adjustments' and persons are protected from 'discrimination by association'.

I suppose it could be deemed to be discrimination by association if your child was offered the only preschool which was completely inaccessible by wheelchair and you were a full-time wheelchair user, preventing him from taking up the place.

If you would have to get in the car to travel to any of the schools, for example, then it wouldn't be discrimination to offer you a further school which is also accessible by car.

I don't mean discriminating directly by not letting him in because of this, I mean more indirect, by not asking, iyswim?

The one is literally across the road, another down the main road, the one they have offered is six miles by car, and I don't drive.

I know its done by different depts, but to make it even more stupid, my DS has been in flying start nursery for the last year already as we are in a "deprived" area, yet they don't even have enough nursery places for the three year olds!

I would post on the Primary Schools section as there are quite a few experts in school admissions on there who can help.

Did you make reference to your disability in the application?

Presumably this is the school you were offered last spring for entry September 2014 (it's not offers season for either primary or secondary right now). And as it's 6 miles, then DC must qualify for free transport.

Or did you apply for a different nursery because he couldn't stay at the flying start one for some reason?

www.mumsnet.com/Talk/primary

Sorry Primary education not Primary Schools

How does free transport help? I am disabled and can't use a bus unless I have someone to help with my wheelchair.

The transport is door to door for the DC (no entitlement for parent to accompany), and should be age appropriate - eg school bus or CRB checked taxi.

Could you clarify timelines - did DC start reception Sept 13, or is this a nursery situation (non-statutory, so transport issues would be different).

My dc go to a specialist language provision school and as such qualified for free school transport.

Part way through one academic year, the arrangements changed and the bus was a 15 min walk from the house. I'd just been diagnosed with a neurological disability and awarded high rate DLA as I really couldn't (can't) walk far.

The council provider took it on board and we were awarded a taxi from the house for the dc due to my disability.

flying start can only take children before they are three, at three they go to normal nursery, so its for a place in january.

dont think I wrote my health details on the form, don't think there was a place to, cant remember though, it was back in june!

"Parents/ carers are entitled to appeal against the decision to refuse a place at a preferred school, although you should note that there is no right of appeal for nursery admissions (further information on appeals is available on pages 21 and 22). "

So no appeal process for you to follow in terms of admissions itself.

" For Primary and Nursery age children, those pupils residing within the
preferred primary school’s catchment area will be given prior consideration over those children living outside the catchment area."

Are you out of catchment? The medical criteria is below catchment, and for the child itself anyway, so no help to you.

The transport section is sufficiently wooly that it isn't clear if transport is provided for 3 year olds (I'll be surprised).

I haven't linked to the booklet I've got that from, as it would reveal your location.

if they didnt ask for any disabilities, do you think I can complain re them omitting me the chance to explain any mitigating circumstances?

There is no criteria for you area that takes into account medical circumstances of parents, only of the child themself.

I am in catchment

"For applications where the school preference is based on medical grounds, the application must be supported by a medical consultant’s report, obtained by the parents, specifying the medical advantage of the child attending the preferred nursery class / school. Please note that reports from family doctors are not accepted for this purpose."

That's taken from the form you filled in.

thats just for the child though, isnt it? I didnt take it to mean me!

It's irrelevant, because medical criteria is after catchment, so they wouldn't even consider your medical grounds (if they applied) if they had more children in catchment than they could accomodate.