To demand DS is given a space for school next term

[takemebacktolastyear]

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.

I am very shocked too. Is it the sort of thing you can say to them you need all the reasons why in writing so you can seek legal advice?

I just feel that people get treated this way. What the hell is going on!

It goes without saying, but your son deserves much better.

Place marking to come back and reply properly later. We've had similar.

I’m confused by ‘starting school’ but he’s ‘in reception’.

Could you get your GP on board to confirm to the school that there is no need for him to shield?

If he currently attends reception, he is already in school. How can they say he can't go anymore?

It sounds like disability discrimination. Contact your MP. Schools are meant to be opening to all children in September. Your son is settled in school with his friends. He should not be denied the right to return to his school in September.

Ok, so our situation is similar except my DS. (4) is just starting reception and he has autism. He struggles with peers and social interaction.

His EHCP was finalised a few weeks ago but when it was in Draft a few weeks before that his new school told us (and the EA) that they couldn't meet his needs and suggested to us that we look for another school (er, how?) DS's needs are not profound, he has no learning difficulties in fact cognitively he's well advanced for his age (is already reading simple words and writing and has been for a while). He has 30 hours funding and it's stated that he needs a 1-1. The school said it was too hard to recruit a 1-1 for him and that they couldn't meet his needs for example when he feels overwhelmed he is to be taken to a quiet space to self regulate. Apparently there is no space.

We got on to everyone that we could. The parent SEND team at the county council, the SEN Officer, the appointed SEN teacher at the EA. Spoke to the governors. Pushed and pushed.

After weeks of back and forth, the school officially said to the EA that they couldn't meet his needs. The EA considered this (as they have to) and sent them something allied a Direction Letter which^ refuted each point they'd made and told them that they would^ be named on the EHCP and that they were required to meet DS's needs.

DS is going there. It's the perfect school for him but it's massively put me off and it's been gutting to be honest. All I ever hear from parents is what an amazing school it is (it's very small) and they don't want DS.

I would advise you to call/email everyone you can. Persistently. They cannot do this without good reason and it doesn't sound like they have it.

As a teacher, I am shocked and saddened at this. To me, there seems to be no actual reason why your son cannot attend school in September with all the other children. If he had very severe CP which meant he had intimate care needs/hoisting etc. then at a push I could see why they may be wary due to coronavirus. However, that isn't the case here.

See what the LEA say. I would also contact the parent governor at school to see if they can assist. Failing that, chair of governors.

This is appalling OP, I’m so sorry it’s happened to you. I don’t have any specific advice as this is outside of my experience, except to be as assertive as you can in holding people to account. His needs can and should be met. Be the squeaky wheel.

Gosh that's shocking. You might find it useful to read the IPSEA update on Covid-19, school closures and SEND provision www.ipsea.org.uk/news/ipsea-update-on-covid-19-school-closures-and-sen-provision and also to have a look at the Council for Disabled Children's guidance on Disabled Children and the Equality Act 2010 councilfordisabledchildren.org.uk/sites/default/files/field/attachemnt/equality-act-schools_online.pdf

@princesshollysmagicalwand has it bang in the money. A school can say they are not able to meet your child’s needs but if he has an EHCP there are very few actual reasons that are considered valid. For example if you wanted to send you child to a school where he was the incorrect age, or he used a wheelchair and the school had no disabled access and no way of creating any. The school can say no, the LA will very rarely back them up.
If I were you I would be contacting SENDIASS and arranging a meeting. The school could be breaking all sorts of laws here. They say they cannot meet his needs but they need to prove they have made reasonable adjustments to at least try.
They may have done a risk assessment as someone said previously, but the risk assessments should be done in conjunction with the health and social teams as well as the LA. All voices should be heard and then they should have gone through it with you, if there is a dispute then the LA step in to try and resolve.
From what you have said they have not done this, so a further meeting is required, but get someone from SENDIASS there to support you. I am a SENCO and I welcome SENDIASS in meetings with parents as it’s good to have someone there who is clued up on the laws and can support both parents and school.

How absolutely awful for you, and your son. I think this is so extreme that a written response from you to the Governors mentioning disability discrimination would mean they give your son a place- even if you have to get your MP involved as part of the process.

I honestly would worry how this school will be for your son though, if this is their initial response.

To be honest I was worried that the relationship would break down with the school given that we had threatened tribunal but this hasn't been the case. The school made the adjustments that they were required to do by the LEA and it has been much better for DS. It has broken the trust though and like I say DS was in YR 10 in YR R I might have made a different call

1. DS has a disability and so is covered by the Equality Act 10. Not just by the ECHP.
2. School have to justify why they can’t accommodate DS.
3. Unpick ‘safety’ during C-19 from withdrawing his place - one sounds temporary, the other permanent.
4. Get a Dr. letter to refute ‘safety’ ie he is not at increased risk from C-19.
5. As Wow says - ask to see their assessment. This should have been done in conjunction with other parties ie medical.

I was just coming in here to recommend contacting SENDIASS as they can give you all the legal advice - but I see someone has already done that. The school can’t just ‘withdraw his place’ - that is illegal. But it’s a rubbish situation for you - sending hugs. X

This is disgraceful. I had similar for my son but not CP. I did end up going to another school.amd took my others out. I just couldn't trust them or feel comfortable. Very happy now I have to say

AuntyFungal has covered what I was going to suggest.
Be polite and relentlessly assertive. Call up and ask to speak to someone regarding the risk assessment.
If they'd only mentioned Covid then I'd have been charitable and thought there may be s genuine reason their Sen provision is limited, but talk of withdrawing his place sounds suspicious to me.

What is specified under education in EHCP. So far so have said that DS sometimes walks a bit slower. the only thing I can think of is that the need to keep each bubble separate so all the children need to move at the same speed eg when the go to break. If this is the excuse there must a way round it.

Agree with the others about getting the full risk assessment and then pushing. Also some useful organisations already listed.

Have they actually detailed why they cant meet his needs?

That is absolutely shocking. Yes schools, including special schools, have to do 'risk assessments' for students, but they shouldn't be used as an excuse to exclude a disabled child from accessing a proper education. Why exactly does he present a greater risk than any other child? I would make sure when you contact the school, you only do so in writing, demanding a written answer from them. If you don't get anywhere with the governors and the LA, then I would threaten legal action.

If the school is named in his EHCP they cannot refuse him a place in September. If they do, you can lodge a formal complaint and they would be legally obliged to do so.
There are only 2 grounds on which a school can refuse a child: incompatible with the education of others, or ineffective use of resources. Your child clearly falls under neither category.

Tell the school you do not accept what they are saying. Get a Zoom (or equiv) meeting with the SENCo and get this discussed properly. They cannot refuse him entry unless his needs have been misrepresented through the EHCP process, which opens a whole new can of worms.
If you want to discuss further, feel free to PM me.

Well it all sounds highly illegal! They cannot unilaterally withdraw a placement for a child with an EHCP that’s just not in their gift. That school is named therefore they have to admit him. The law has been changed temporarily but they didn’t change anything about admitting children or allowing in attendance. I think you need to go to the council to say that the school are behaving illegally and that you are seeking advice and will be challenging it. I have often found that the information and advice service really helpful here is the link where you can find your local one. also ask your local authority to send you details of the tribunal service and the complaints process. You need to make them know that you’re serious. I’m really sorry you’re going through this. You could also contact ofsted as they were clamping down on illegal off rolling.

councilfordisabledchildren.org.uk/information-advice-and-support-services-network/find-your-local-ias-service

Couple of questions - does he need extra help eg putting on a coat that requires staff to get closer to him and secondly does he have any reason why he is at increased vulnerability? If the the answer is no to these then it's time to seek professional advice because it's discrimination.

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.

He started school properly last year - a child in reception is as much a member of the school as a child in any other year, and the school cannot just say to you now that he can't go there, they would have to justify to the LA why they were excluding him.
Lots of good advice already on who to contact for help, but don't let the school just tell you he can no longer go there, because they haven't got a leg to stand on.

Also, the question of whether he can socially distance is irrelevant because no child in reception is expected to be able to.