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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To demand DS is given a space for school next term

59 replies

takemebacktolastyear · 07/07/2020 19:02

Namechange for several reasons.

DS is SEN (cerebral palsy) and is aged 5, due to start 'big school' this year. He already has a confirmed space at school and currently attends reception at the same school. At the moment he is off school, due to the fact that there was only two people wanting to send their DC back to school during this pandemic so schools continued with home school.

I have received an email this morning, detailing how the school is unable to accommodate DS and his needs, presumably its alluding to his SEN but he does not suffer with CP so severely that he is affected - he leads a normal life and does not have a disability affecting his learning. The email goes on to mention that due to his needs, it would be inappropriate for the school to allow him to go to school whilst coronavirus as they cannot ensure his safety. They are also thinking of withdrawing his place and recommend he attends elsewhere. He is one of several SEN children, however as he has a physical disability, he is the only one to be told not to come to school! I am livid, I have not sent a response back but I am so so angry, how can they do this? My friend has a child in a special school and their school is open for all children? How can this be.

OP posts:
Letseatgrandma · 07/07/2020 19:04

This sounds most strange.

Is this an English state school?
Does he have an EHC plan?

Starlet7992 · 07/07/2020 19:07

Oh my. This is terrible. I have two with sen and thankfully have had the opposite experience. They are back at school and school wanted them back as didn’t want them falling further behind.

How can they just say no to his return? If it was me I’d want to move him schools ASAP. Not ideal for him moving schools obviously but they sound awful and I can assure you that not every school is like that. It’s so so important for children to be in school and in a school that are meeting their needs.

I would think about complaining too. Ofsted maybe it the council? Does he have an EHCP? If he does worth talking to the sen team there.

Singlewhiteguineapig · 07/07/2020 19:08

What an inappropriate reaction from the school. Absolutely horrendous. Have you contacted the LEA?

PastMyBestBeforeDate · 07/07/2020 19:08

That seems odd. The obligations on LAs to support SEN were relaxed I think but they'll be back in place by September.
I would be escalating to the governors to start with.

Knittedfairies · 07/07/2020 19:11

Have you spoken to the head? I'd be telling him/her I was prepared to escalate this with the LEA and Scope. That's disgraceful.

Welshmaenad · 07/07/2020 19:12

Details, you need details of what needs they feel they can't meet and why they think he will be at additional risk. Point by point next to his EHCP.

Then it's governors, LEA, and your MP/AM if you're in wales. If you're in wales also flag this up with SNAP Cymru. No idea who does these things in England or Scotland I'm afraid.

My DD has cerebral palsy and is in secondary now. Mainstream throughout. Fairly smooth ride but a few snags like this where I had to go around putting print outs of the Equality Act in peoples desks and saying "now we all know our legal responsibilities this won't happen again will it??". You have to stand up to them early on, so get your tiger mama claws out.

Incidentally my DD did her first contact day today (yr 9). Few phone calls with ALNCO and form tutor and a very brief run through of her healthcare plan with the nurse on the phone, agreed only v minor adjustments needed (escorting through 'closed' doors and one way corridors to reduce distance for her) but it all went fine.

They CAN meet his needs. They just don't want to.

Original poster
takemebacktolastyear · 07/07/2020 19:14

Thanks for your responses, he has an EHCP and we had a telephone meeting and video call with SENCO at his school a while back and with the council LEA - we discussed that I wanted him to go to school in September regardless of a vaccine as things need to go to some normality and I am prepared for anything that occurs. Safety measures are in place and his risk is not higher than any other child's! I have emailed the LEA but it is passed working hours so I will not receive a response today.

Yes he is at a state school. I would move schools, however I also have a 3 year old starting nursery so it makes things easier if both DC are at the same school but if they refuse then I am tempted to move both of them.

OP posts:
bobbieflekman · 07/07/2020 19:14

I have a child with SEN and we had a similar situation pre COVID where the school claimed they were unable to keep him safe in school. Does your DS have an EHCP? If so you can contact SENAT and they will assist. Also the LA should have a fair access team who can also help as well as Parent Partnership/SENDIAS. Fight, fight, fight. We threatened tribunal in the end which the legal team at the LA confirmed we had a case. Good luck, pm me if you want any information. In our case our school backed down but my DS was YR 10 so we didn't want to move him. In your case you may be better off finding a more supportive school

worldweary45 · 07/07/2020 19:15

Does he have physical/intimate care needs?

I've seen schools refuse entry during lock down for some pupils due to needing 2 adults to support that couldn't then social distance from each other which is an absolute nonsense

They absolutely shouldn't be saying they can't meet his needs without an urgent EHCP review -presuming he has one?

Phone call to the LA is in order

bobbieflekman · 07/07/2020 19:17

Sorry I see he has an EHCP, then yes go through it line by line and ask them what needs they cannot provide and why and yes ask for a review meeting and get SENAT and SENDIAS to attend

TennisButterfly · 07/07/2020 19:18

Is the school named on his EHCP? If so it is law that he goes there. They have no choice.

NailsNeedDoing · 07/07/2020 19:44

It’s probably because the school has done a risk assessment according to the current guidelines and it has shown that he won’t be able to socially distance enough for them to feel they are keeping him safe enough.

I think you should ask to see their risk assessment, and absolutely fight it if you can. Don’t go mad at the school though, it’s likely that they’re doing their best according to the crap direction they have had from the government and their LA.

MillicentMartha · 07/07/2020 19:56

The government relaxed the law relating to EHCPs during Covid. Bloody awful. Schools can refuse to take a DC if they can show that they can’t manage his needs, but this looks like an excuse to me. They are trying to get around having to support him using the Covid loophole. It’s horrible for you. I would be tempted to move him anyway if there is a more supportive school that is still manageable to get to. This school have shown that they aren’t really inclusive. Flowers

Singlewhiteguineapig · 07/07/2020 20:04

Where about in the UK are you?

Hiccupp · 07/07/2020 20:04

presumably its alluding to his SEN but he does not suffer with CP so severely that he is affected - he leads a normal life and does not have a disability affecting his learning.

You say he has SEN, which literally stands for special 'educational' need. If CP doesn't affect his learning, this can't be 'alluding to SEN' and will be nothing to do with teaching or learning provision, so, with respect, it is a different situation from the other children who only have educational needs.

If he has a disability they need to risk assess. Physically, you're right he isn't less safe as a result of the pandemic, but if he's unable to distance, the whole environment might be more unsafe overall.

theluckiest · 07/07/2020 20:05

That's awful!!

Primary teacher here...I can't really think of any reason that they can do this. If his needs are purely a physical issue, then surely by law they must make reasonable adjustments to allow him access? I'd imagine any court would throw the book at them as this sounds like discrimination.

Does he have a 1-2-1? That's the only possible reason I can think of (although even then, that's not an excuse to pull the place of he has an ECHP)

Taught a child with quite significant CP last year. Other than occasional help with toileting and sometimes ensuring child could go early & beat the crowds, that's it. Child did have a physio in regularly but that was just making sure there was a room free.

Sounds shit and no wonder you are so angry. I'd be bloody livid too.

reefedsail · 07/07/2020 20:09

I'd download the guidance to schools and start quoting it at them, because they are absolutely failing to follow it.

Pinkyyy · 07/07/2020 20:11

That's awful OP, so sorry to hear that they've been so insensitive.

My advice would be not to 'demand' anything though. Demanding never gets anyone anywhere, perhaps you only said that because you're (rightfully) angry but I thought I'd mention it just in case.

Soontobe60 · 07/07/2020 20:14

They cannot do this. Is it a state school or private? If he's already in Reception, then they cannot remove him from their roll without actually permanently excluding him. Phone the LEAvSennteam and n the morning, don't reply to the email from school, the LEA will be able to support you in this.

avocadoze · 07/07/2020 20:22

That’s disability discrimination.

onlywomennotmen · 07/07/2020 20:23

I would be worrying that this isn't the right school for your DS. Did you look at any others?

Original poster
takemebacktolastyear · 07/07/2020 20:25

bobbieflekman - Thank you so much, how has your experience with the school been so far now?

I am in the South East - it isn't a huge school. His needs are very identical to an able bodied child, the difference is that sometimes DS will walk slower than other children depending on pain etc but he does not require a wheelchair or an aid and has no 1 to 1. The only grounds I think of is that they might feel he cannot socially distance which is untrue as he is very understanding and has socially distanced when we've been to the hospital recently and to his grandparents.

Hiccupp - I say SEN as its very common around where I am to refer to a child with any disability as SEN - therefore I use this word as it makes it easier to refer to and his LEA coordinator even refers his needs as SEN as it isn't exclusive to his learning ability.

I won't be 'demanding' as such, as it won't get anywhere but I just can't believe this can be allowed so late in the school process where he's about to start school properly. It is a state run primary.

OP posts:
Neolara · 07/07/2020 20:27

It would have been good practice for the school and you to have done the risk assessment together. This would have allowed you to understand what they think will be so difficult to manage and given you and staff the chance to come up with solutions. It's pretty terrible just to tell you he can't come to school without at least discussing with you what they think they can't manage. I suggest that you get the local authority involved. Schools are temporarily released from having to meet all the requirements of EHCPs, but they still need to make reasonable endeavours.

KaleJuicer · 07/07/2020 20:27

Even if you do manage to get them to rescind their position I would be wary of being involved with a school with such a “can’t do” attitude. This could be the first of many battles.

gruffalo28 · 07/07/2020 20:28

I'm so shocked at this and I thought I had heard it all. Do they think that he should be shielding or is it because of intimate care needs?