To think this is a Reasonable Adjustment for disability?

[Batterypoweredmumra]

cross posted in SN too for traffic.

DS has SPD and ASD. Clothes are a huge issue and things took a marked downward turn when he went up to juniors and had to wear a shirt and tie. He absolutely couldn't tolerate the collar, I tried all kinds of shirts and collars and his meltdowns were epic. Full on self harming, screaming fits, and if I did manage to get him in, then he'd refuse the tie and then rip the lot off at home time. He'd also only wear shorts, not trousers.

So our autism support lady pointed out that his best days are the days when he does swimming, as they're allowed to wear PE kit all day and suggested that he wear this every day instead of the usual uniform.

We trialled this for two weeks and he's like a different child! Mornings are infinitely easier, he's more relaxed at pickup and is generally happier all round.

And yet I've been told today that this isn't part of school policy and the head needs to get permission from the governors, and wants to discuss a phased return to uniform.

I'm really disappointed. Can they do this?

Yes, I absolutely think that this is a reasonable adjustment.

I'm guessing they will also think so too if they have to go to court about this...

Do you think this could possibly be because other parents are complaining about what they may be perceiving as 'special treatment' as opposed the Head having a rigid adherence to policy? Because of confidentiality the Head isn't able to tell parents why your child should have an exception to uniform code. Could he be taking the easy way out and blaming the 'higher ups' because he doesn't want to be fielding complaints?

I'm pretty sure uniform can't be legally enforced in primary schools.

Battery

On the basis of more flies with honey, I'd write to the Head and say something like...

Dear Head

Thank you for allowing the trial.

DS has been a different child since he has been able to wear the PE Uniform instead.

He no longer has meltdowns in the mornings. You may not have seen an Autistic Meltdown so here is a link xxxx. People often think it's just another word for a tantrum, it's really not. It's massively distressing for DS to start his day this way.

However, with the PE Uniform he is, once again, looking forward to going to school.

He is, once again, fully engaged while he is there instead of being deeply uncomfortable and unable to focus on learning.

I'm sure you'll agree that this Reasonable Adjustment for Disability is well worth the small difference in which uniform he wears.

I understand these changes need to be 'approved' by the Governors so I will send them a copy of this letter to approve this adjustment.

Kind regards
Battery

Send a copy to the Governors with a covering letter. Directly - NOT via the school or the Head.

Send a copy to the Senco.

Cross your fingers it gets approved quickly!

Good luck.

I also thought that uniform was optional in infant schools certainly. I can kind of see the Head's point of view (he is probably worried about other pupils coming up with reasons not to wear a collar and tie which I suspect is not a popular mode of uniform!) but surely this has come up before? What did they do before, just enforce the collar and tie?

I would get on the phone to the Equalities Commission for advice - I'm pretty sure that they're in breach of disability law. Time to get tough with them.

Disclaimer: I come from a country without school uniform so admittedly don't really understand the fuss about them.

YANBU.

Whether the head needs the board of governors consent or not, surely is the head's problem, not yours.
Your child's needs are met better by wearing something that is part of the school's uniform anyway, so surely, it's all good?!
If the head says they need to seek permission, I'd just reply "thanks for doing that. DS will come in every day in his PE kit. Much appreciated'.

Be nice and polite, and don't budge an inch on this.
You have tried lots of strategies by the sounds of it, your DS has been put the wringer and simple wearing his PE kit works for all, so that's what should be accepted.

Perhaps the SENCo can back you up.
DS' problem was shoes. Eventually we found plain black skater shoes which were not regulation but he would wear them. The SENCo went into battle on his behalf and he was allowed to wear them.

I would suggest that their adherence to 'policy' would be superseded by the requirements set out in the Equality Act and that they may be forgetting that 'reasonable adjustments' are not just buzzwords - they're requirements enshrined in law. Possibly worth reminding them of this obligation if they're being difficult?

If they insist on a phased return to school uniform why don't you suggest that they phase it in during school hours.
Then they can try and get him into a shirt and tie.

That may make them see things differently

Jesus, year three? I was thinking the head was being ridiculous when I thought it was a secondary school, but he's trying to enforce this on a small child?! I'd be fuming. This is practically the definition of a Reasonable Adjustment - it's a small change that isn't disrupting the education of any other children or taking up any school resources, and has helped to prevent a child from becoming distressed to the point of self harm. If the governors don't agree to it I would be inclined to take legal action (although you shouldn't have to take on the additional stress of a legal fight when you've already got enough on your plate!)

Copy CouldHaveIt's letter word for word.

It's just clothes.
Honestly, the school should unclench.

I can't tell from your posts whether the HT was told of the recommendations made by the autism lady regarding the PE uniform before ds started wearing it. If not it might go some way to explaining his response. If he was aware this was going to happen she needs to go back to him and say ds absolutely need to ŵear it because it's working! Does he listen to her? I can only think that he's had other parents on his back complaining that their dc have to wear a shirt and tie as per the policy and ds doesn't.

OP they are going against the Equality Act. Contact the Equalities and Human Rights Commission, they are really, really helpful. They will point you in the right direction and give you all the information you need in order to proceed with this. If needs be they will contact the school for you.

I have contacted them in past when I had problems with DS2 at school. It was their advice that got the school to back down.

Good luck.

I wonder if another parent has complained to somebody just saw him in the pe shirt and got all humphy about it ? Yanbu though the fact he is at school should matter the most you shouldnt have to answer to a board

Either the governors are far too involved in the day to day running of the school and have stripped the HT of much of his authority, or he does have the autonomy to make this type of decision but is choosing to pretend he doesn't as it's easier blaming someone else.

Either of those scenarios would concern me tbh.

OP have you seen this autism-friendly schoolwear range?

www.autism.org.uk/get-involved/media-centre/news/2016-07-21-marks-and-spencer.aspx

If the Head does have to take this to be governors, it isn't going to be helpful to get angry with him for telling you that this is what he has to do. Just say your son will be in his P.E. kit until further notice pending that discussion. If they refuse you can take it up with them.

Just write to the CoG, copied to the SN governor and the HT, noting that you have been informed by the school that the adjustment recommend by the autism service requires board of governor approval. Let them know that the recommendation has been successfully implemented and you are extremely grateful, as it means that ds's needs have been met and his education is now accessible for him.
Ask when the board of governors will be able to ratify this adjustment to policy so that your son can continuE to access his education.
Job done.

If there is a school uniform policy and the HT needs to amend it to allow reasonable adjustment for a SEN/medical issue, then yes of course the governing body would need to approve that amendment. Same applies to all school policies. But - governors in my experience are sensible, committed people - they want what's in the best interest of the pupils, just like anyone else. So don't panic about it having to "go to the governors" - that really is standard, and an explanatory letter will definitely help.

Ok, would they allow him to go back to wearing the polo shirts if the PE tshirt isn't an option?

My DS is the same, ASD/SPD are two of his issues amongst others, and their uniform changed in yr5 from polo to shirt/tie. He's tolerated the change to the collared shirt (after lots of washing to soften it) but has point blank refused to wear a tie.. and i told them it was not a hill i was willing to die on.

It goes in his bag so he has one 'on site' if they need one for some reason, but he won't, and they've accepted it as a reasonable adjustment.

and i know you've said the polo is infant uniform, but its better than a PE shirt!

As far as reasonable adjustments go it's a ridiculously easy one for them to agree! I would hope that they'd realise that but lately I've lost faith tbh. I would ask the austism support person to help, people seem to listen when it comes from them.

I always ask them to explain why, in light of the equalities act 2010, it is not a reasonable adjustment to make for a disability

email the governor in charge of disability and special needs.