Discrimination

[Msqueen33]

Three DC. 9, 6 and 1. 6 yr old has autism. Last term middle DC 6 (asd, ADHD) said about doing two clubs. A construction club type thing and an art club. Elder sibling went to one of these clubs aswell so they'd be together. DC has ft 1:1 in school but is fine in a more relaxed environment but school said no to clubs. We did ask if she could try going alone without support for one session and if it didn't work we would re-evaluate. We are very flexible. I'd happily wait in reception if DC got upset. We've relayed this to school. They've messed us about on a few other issues. We know DC isn't always easy. They want us to personally pay for a 1:1. I'm a sahm and we don't have loads of money. They wouldn't even give DC a chance to go nor were they interested in me going with as support. We received a formal letter plus cheques returned. Dh is fuming and shouting discrimination. Is this unfair? DC is not allowed to go to any after school function disco etc without one of us going along. We live five minutes from school so am happy to pick up if things don't go to plan.

Are these clubs run by the school, or are they run by T.A.s independently using school premises? If it is the latter I don't think you have the right to go, as you would if they were during school time.

The reasonable adjustments duty includes education and other benefits, services and facilities offered by the school.

It is an additional paid for after school activity for which the school has risk assessed the child and determined 1:1 support is needed, provision of which is to be met by the parent.

This is what we have been told. There is no money to pay for a one to one at DN's after school clubs without charging other parents more. It's run on a not for profit basis so there is no spare cash.

It's NOT wraparound care, it's an after-school club, there is a difference.

Wraparound care is the type of care set up in schools that operate a breakfast club and the equivalent at the end of the day, that parents use instead of childminder etc, often starting at 7.30am and usually ending 5.30-6pm.

The type if club being referred to here is an after school club for things such as drawing, Lego Club, Netball etc, etc. It is an after school activity usually for 45 minutes to an hour. This does not come under the category of wrap around care.

It's run by school TAs. I'd happily go with dc but they don't seem keen. For us paying out of dla is quite a bit for two clubs. I understand there position but it seems unfair. In all honesty I'd rather use the spare bit from the dla to send dc to a professionally run club. But those of us with Sen kids it's hard to see your kids unwelcome at clubs if you can't afford to pay for additional support.

Legally, I think it's not discrimination.

It's pretty poor morally though and I would hope that the school have tried everything they can to make it work before saying no.

Is it a state school? I'm in private and we can, though don't very often, refuse to admit a child altogether on SEN/disability grounds. We'd only do it if we genuinely felt we were the wrong school for the child but I'm still not sure I agree with it. However, once the decision has been made to take a child, we ensure that said child can access the whole school experience like every other child. But then we can make the decision to pick up the tab for that as we can manage our own funds. I guess a state school doesn't have that option.

Aargh, I don't know, it's really difficult. I can see the school's side but still feel it's wrong. Fence sitting!

Op have you rung IPSEA?

https://www.equalityhumanrights.com/sites/default/files/whatequalityylawmeanssforyouuasanneducationproviderr_schools.pdf

4.3 of this guide from EHRC.
It is not as straightforward as some pp seems to imply.

I've said above after school clubs are in scope as additional services. Additional services come under the reasonable adjustment banner. The school has offered a reasonable adjustment and taken LA legal advice on this. Personally I think having a parent in the room or very close by should also meet the adjustment needed but I don't know the specifics.

noef, IPSEA are very good but bear in mind they are a charity for a special interest representation - they are not a neutral advisory organisation.

The Equality Act 2010 and schools
Departmental advice for school leaders, school staff, governing bodies and local authorities May 2014 states:

paragraph 1.5
The Act makes it unlawful for the responsible body of a school to discriminate against, harass or victimise a pupil or potential pupil:

in relation to admissions,
in the way it provides education for pupils,
in the way it provides pupils access to any benefit, facility or service, or
by excluding a pupil or subjecting them to any other detriment.

If they are charging parents it is not a reasonable adjustment. Schools cannot charge when making a reasonable adjustment. That is for anything they offer not just the stuff in standard school hours.
If they are charging for it, they should be saying something like "we do not consider providing 1:1 support to be a reasonable adjustment so it will only be provided at the parents expense".

Surely the point is that disabled children should have the same access to the entire school experience, and this includes extra curricular?

A school has a duty to make reasonable ad but it can sometimes be the case that there is no reasonable adjustment possible. Asking parents to pay is not allowed as a reasonable adjustment.

If all the parents are being charged it isn't a school club run by teachers on a voluntary basis. Gym clubs and drama clubs come under the remit of the school, I believe. At least it did when I was teaching juniors.

These are being charged for, so it looks like the TAs are running them for the cost of materials and their time as separate entities from the school. So there is no obligation on the school to provide a 1 to 1, as far as I understand it.

I run a not-for-profit evening club for teenagers and I have no funds to pay for a 1 to 1. The money the parents pay is used for room hire and equipment. It wouldn't feel right putting up the fees to pay for someone to be a one to one for another child. My reasonable adjustment is that a parent or carer has to stay with a child that needs support. I can't understand why the club in question won't allow the OP to stay.

After school clubs can charge for materials. It is not clear if the TA is running it as an independent club.

Haddock they are saying the reasonable adjustment is 1:1 support, and that the cost for support is outside that which the school is funded for.

If it wasnt legal the local authority would not be supporting it.

Do you really think that LAs don't ignore the SENCOP and equality law to suit themselves?

I don't understand why they won't allow you to stay with the children. It is reasonable for them to say they can't pay for additional 1 to 1 support without additional funds from the lea. It is reasonable to refuse without 1 to 1 support IF the 1 to 1 support is needed for safety as opposed to accessing the curriculum. But it is totally unreasonable of them to refuse to allow you to provide the 1 to 1 support.

Sharkinthedark - the local authority advice and letter was from their legal department outlining the legal position.

T4nut, I know exactly what IPSEA do; that's why I'm recommending them.

I've also linked to the EHRC guides.

Op needs advice specific to her situation and talking to someone will be better than posting bits and pieces here.

BTW having a parent in to support isn't usually the answer; nor is charging the parent staff costs.

The school need to provide op with more information.

I am leaning toward discrimination too, but it is a sticky situation.

You see, if your DS is fine in the group without the 1:1, you run the risk of having the school question the necessity of a 1:1 during the school day.

My DD requires a 1:1 as well as a nurse to attend school (for educational and medical needs). She wanted to join the choir - the only way for it to happen was for me to essentially be her 1:1 and nurse as the choir practices after school.

She decided she didn't want mum at school and didn't pursue it.