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AIBU?

To wonder if the head teacher is allowed to say no?

60 replies

extremepie · 16/06/2014 15:38

Admittedly it has not happened yet but I'm trying to prepare a preemptive strike for when I meet with the head teacher at DC's school!

I am applying to uni and looking at the days/times I will need to be at lessons and factoring in travel times it looks like I will need to be out from 9am until about 5pm. This will fit in with the school times as long as I can use the breakfast club for the kids in the mornings and after school clubs for them in the afternoons.

However.

Ds2 has autism and a 1:1, currently he does not do a full day at school but we have a plan in place to gradually increase his school hours so he is full time by the end of the summer term. My concern is that if I want him to attend after school club and breakfast club in the morning the HT will say he can't because the 1:1 is not funded outside 'school hours' and there will be no on to do 1:1 for him.

DC's used to attend breakfast club and I was told I had to sit with him until the start of the school day because his 1:1 didn't start till then - obviously in this situation I won't be able to do this as I will need to leave to get to uni on time!

Aibu in wondering if he is actually allowed to refuse to let ds attend after school/breakfast clubs? What can I say if he does say no?

I really don't have any other options for childcare as I am a single parent and have no family or friends in the area who could do the childcare for me if the school does say no!

He could, of course, be fine with the whole thing but given my experiences so far and all the aggro I've had just trying to get them to take ds for a full school day I am expecting some resistance on his part :/

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extremepie · 16/06/2014 16:10

Whois, no true they don't have to offer it but they would offer it if he didn't have SN - the clubs would cover all the hours I would need and I am willing to pay for it like everyone else :D

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500smiles · 16/06/2014 16:10

OP have you tried asking in SN? There will be lots of people there who have been through similar who may be able to advise you

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whois · 16/06/2014 16:12

the clubs would cover all the hours I would need

Fingers crossed it works out then eg stair gate and lock on the door as a PP mentioned up thread. Feels like they should already have something to stop children running out into the road anyway!

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JsOtherHalf · 16/06/2014 16:13

In this area a 1:1 would be funded in these circumstances from some early years funding; the parent is only expected to oay the normal cost for attendance.

Ring your local council, and ask to speak disabled child social work team, they may be able to point you in the right direction?

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insanityscatching · 16/06/2014 16:16

Statemented children needing 1 to 1 attend Breakfast Club and After School Club at dd's school. TA's (not necessarily the child's designated TA in school hours) provide the support needed. Their hours are funded by children's services either directly or through Direct Payments as part of a respite package for the time in BC and ASC and parents pay the same rate as all other children.
I would be asking children's services whether it would be an option available to you.

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aprilanne · 16/06/2014 16:19

i have an autistic son .out of school hours they are under no obligation to provide a 1.1 .because that comes under child care not education . you could maybe ask the social work .they maybe able to help .from social care fund .i suppose if they made exeption for 1 they would have to allow it for all special needs kids at your school .not practical

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Rideronthestorm · 16/06/2014 16:22

I hope you are lucky enough to find funding for a 1:1. If this isn't possible and the provider refuses to take him then please remember it is for his safety and the safety of the other children.

Wrap around care isn't a right, as yet, but I hope it will be before too long.

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WooWooOwl · 16/06/2014 16:26

I think it would be fair enough for the HT or ASC manager to say your ds can't attend unless they can access funding for the 1-1, or that you will pay for it.

I'd expect them to support you in getting funding if there is any available, you should start looking into that before you have the meeting. The money will have to come from somewhere, and as you want the luxury of going to university, it's not unreasonable to expect you to be the one to put in the legwork.

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annebullin · 16/06/2014 16:26

Can your MP help at all? It might be worth a shot.
Also there may be local charities that can help such as the local branch of NAS.

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ErruptionOnMyShoulder · 16/06/2014 16:28

I have a child with ASD - I think you are going to have a fight on your hands to get funding from childrens services to cover the 1:1 for before and after school clubs. Would you be able to self fund out of DLA?

I also think you are banking a lot on your dc being able to cope with such a long day when he is still working up to doing a full school day.

I don't think the head is going to be able to help you.

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Purplepoodle · 16/06/2014 16:31

Unless you can secure funding for extra care I say the school will refuse. They don't have the money or resources to provide 1:1 care (unless statmented) never mind in afterschool activities. It's a health and safety issue too for your son if there isn't 1:1 care. Friends are in the same position and they arnt allowed to use breakfast club or afterschools for their autistic son.

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MadameDefarge · 16/06/2014 16:31

Another route might be your local Volunteer service. Often people want to volunteer to gain experience in a specialist area while they train, or before they train. Also maybe investigating childcare courses at your local community college, you might find there are students there who would want to do this for the same reasons.

Obviously it would be best for your ds to have continuity of care, but these might be options.

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hesterton · 16/06/2014 16:43

This reply has been deleted

Message withdrawn at poster's request.

extremepie · 16/06/2014 16:50

Eruption, I would be quite happy to fund it myself I just need to school to agree to it! Thank you, some good ideas here :)

I do really want to go to uni to try and retrain in a different field as my current career (catering) is very un family friendly and at the moment I can't return to work :( Its affecting my mental health being at home all the time and obviously not working affects us financially too! I'm also very aware that I am totally reliant on various benefits for my income and want to do something about it now so that in the future I will be able to return to work and have a good career that I can work around the children.

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PolterGoose · 16/06/2014 16:53

This reply has been deleted

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LetsFaceTheMusicAndDance · 16/06/2014 17:02

I used to claim Disability Living Allowance for DS2. Would that help you to fund it?

It's hard. I sympathise. I think my career would have been different if all my kids had been NT but they weren't and adjustments had to be made.

Having said that, things have moved on and I would advise you to do all you possibly can to hang onto a decent job/good prospects.

You may need to be able to drop everything at a moment's notice when things go wrong though.

I hope you are able to get what you need.

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tisnotme · 16/06/2014 17:16

After school clubs are considered to be 'associated services' and the guidance is very clear on the fact that it would be discrimination to not accept your child. Actual quote from the SEN Code of Practice:

Part 2 of the Special Educational Needs and Disability Act 2001 amends the Disability Discrimination Act 1995 to prohibit all schools from discriminating against disabled children in their admissions arrangements, in the education and associated services provided by the school for its pupils

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Notso · 16/06/2014 17:16

I used to be 1:1 for a little girl at a playgroup plus. Her Dad obtained the funding to pay me through a direct payment scheme, I was also her 1:1 at school but obviously paid through the council. I think it was all decided in a review meeting with SENCO and social worker.

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extremepie · 16/06/2014 17:20

I am currently about to start receiving direct payments although this is supposed to be for respite and is only for 8hrs a week but I suppose I am within my rights to use it for whatever I need to aren't I?

Hmm, interesting tisnotme, I was wondering if it would be classed as discrimination if he refused to let ds attend, obviously it isn't quite as simple as that but it may help :D

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tisnotme · 16/06/2014 17:27

yes, extremepie, it definitely would be. I have experience of this with a family member where the HT tried to say he couldn't attend after school activities as the school couldn't fund his 1:1 to stay on. We presented them with a copy of the guidance and they had to backtrack. In my experience schools actually don't know what their legal obligations are.

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PolterGoose · 16/06/2014 17:32

This reply has been deleted

Message withdrawn at poster's request.

SadOldGit · 16/06/2014 17:36

Have you asked the ASC if they have places even. Ours is always full with waiting lists - DD2 has been going since ?yr 2 - only has she got a place for Tues pms from September - she will be in yr 6 then (has had places other days )

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headlesslambrini · 16/06/2014 17:36

I would say to get in touch with SW and ask for your direct payments to be increased to cover this. You should be entitled under the Carers Act for an increase as you will not be available during those times to provide care. Then ask his 1:1 support worker in school if they would be interested. If not then one of the other TAs might be interested.

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Timeisawastin · 16/06/2014 18:19

I claimed DLA for my ASD son and this amount allowed me to only to work part-time around his school hours as he didn't cope well within a childcare setting. Could you maybe try to claim this and put it towards paying for someone to support your boy?

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amistillsexy · 16/06/2014 18:34

You need to ask if your local authority do D-Catch funding. It's a pot of money for cases such as this, where the parent needs Out of School Care, and the child will need extra provision to be in place there. In our LA, the D Catch money pays for OOS club to employ an extra person for the sessions where the child with SEN attends, and they can use that person as they see fit (so, not 'glued' to the child as it where, giving the child space to play and make friends).

You do not, and should not need to use your DS's DLA or Direct Payments money to fund extra staff. These monies are for other, important uses.

It would be discrimination for the OOS club to refuse to take your DS due to his SEN- it is their responsibility to make 'reasonable adjustments', and to pay for them. You should nt have to pay more than anyone else for your child to access a service, the service should be accessible to all children.

However, the committees which run these places are very rarely aware of anti-discrimination law, and can be full of NIMBYs who would rather their wonderful little darlings didn't have to associate with the dreadful SEN kids.
This may tempt them to create all sorts of barriers and make up all sorts of spurious reasons why your DS cannot be included, but others can. It is then up to you whether you continue to fight, or give up and try and find another way.
When my son's OOS club was repeatedly 'full' for my DS, yet carried on taking other children, even after I'd put in writing that he could attend on ANY day that was available, I realised that even if I fought against their decision and they were forced to take him, they would not take the steps necessary to make his placement successful, and he would be the one who suffered the shame and sadness of the placement failing.
I made alternative (and much more difficult top manage) arrangements, but at least my DS is happy.

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