What recourse do I have for school refusing to give “vulnerable child” place to DC with ASD (but no EHCP)

[Fr0thandBubble]

DS1 has autism and is struggling to access online learning. He struggles with concentration and executive functioning and finds it very hard/impossible to work independently at home. Both DH and I have full time jobs and have very limited time to sit with him and help him.

We have therefore asked his school for a place as a “vulnerable child”, on the basis that he is having difficulty engaging with remote education (one of the stated grounds). They have said no as they already have 18 key worker children and children with EHCPs in his year who have places in school (my DS does not have an EHCP but does have an official diagnosis of autism and is registered with the local authority’s children centre and CAMHS). 18 is a lot less than his usual class size of 30.

I’ve just had a huge row with his SENCO and made it clear that I consider that they are failing their legal obligation to educate him but what the hell can I actually do to make them give him a place? I know this isn’t an AIBU but posting for traffic - if anyone has any advice it would be very much appreciated.

I’m having similar sorts of issues.
It was said today they is your not getting anywhere with complaining to the school to contact ofsted.

I've got 7 year old twins both ASD and both have EHCPs. I've decided to keep them at home though as the school can't put in place the provisions that are on the EHCPs due to minimal staffing etc.

The school is basically open for mass childcare. I think this would make the anxiety worse for my two without the routine of their usual class mates and teachers.

So even if you did get a place they probably wouldn't provide anything that would be tailored to his needs.

It's pretty rubbish all round.

Also. I think the legal requirements to provide what was in the EHCPs last time was 'suspended' probably the same now, so may not get anywhere if you challenge this.

18 is over half the class - what’s the point in shutting the schools if everybody sends their kids in and they’ve got half the class not able to distance appropriately???

You have to do your “bit”. You’re apparently not key workers and your child isn’t vulnerable enough.

Ask to be furloughed from work.

Or just accept that for the next couple of weeks they will watch tv for a while. It’s really not the end of the world - what would have happened during the war?

There’s absolutely no point in shutting the schools if everybody sends their kids in because they find it hard!! It’s not the end of the world if they don’t do anything.

@specialcase there is a reason children who are vulnerable have a place because it’s not that simple.

Yes and the OPs child has been classed as not vulnerable enough - clearly other Children’s needs are greater otherwise there would be a place for OPs children.

Not saying it’s simple or easy but how is a “lockdown effective” with only 11/30 children at home???

There is no recourse. ASD doesn't itself make a child vulnerable. My DD's special school is closed to all but a very few children. All the children have EHCPs, but that doesn't, in itself, make them vulnerable.

I would go to the head next and then the governors. There's normally a complaints procedure. I don't believe Ofsted will get involved with an individuals issues only if it is a school wide issue. So maybe you could say to them that the school was not accepting vulnerable children - but the school might say they are accepting all children with EHCP's and so are accepting vulnerable children. So anyway after the governors I'd go to your LEA rather than Ofsted. x

I work in a college but we are having the same issue - more students that qualify as vulnerable under the new guidance than we have space or staffing for.

We are prioritising the 'most vulnerable' (we're going with those on child in need or child protection plans, those who are looked after, or with EHCPs) first and then offering the remaining places on a kind of rota system to the others so that hopefully they will all get some on site input rather than none at all. It's not ideal but we really are up against it, and in some cases we have had to offer other support rather than a place.

Could you ask the school if this would work, and then perhaps combined with both you & your husband taking leave perhaps this would be better than nothing?

@specialcase

Not saying it’s simple or easy but how is a “lockdown effective” with only 11/30 children at home???

Exactly.

@specialcase If anyone deserves to be protected from all the sacrifices required of society, surely it is children with special needs. I will fight tooth and nail for him to have an education.

We have therefore asked his school for a place as a “vulnerable child”, on the basis that he is having difficulty engaging with remote education (one of the stated grounds).

I understand why your DS has difficulties engaging remotely, but this is such a broad term that it could easily be applied to every child in school.

Ideally every child would be in school, but unfortunately this isn't possible right now. It's not the answer you wanted but if the school have said no, then they're unlikely to change their mind.

Apply for an echp yourself its not a quick solution but if chris witty is to be believed we will go through this again later on this year

My neighbours son with autism struggled way more going in- different kids in class, different adults, different routine, totally different lessons, he then started school refusing, no 1-1

To clarify, it is 18 across 3 classes. So 18 out of 90. They have put them in one bubble.

@queenjaneappro

Also. I think the legal requirements to provide what was in the EHCPs last time was 'suspended' probably the same now, so may not get anywhere if you challenge this.

@queenjaneappro the legal right to EHCP provision absolutely hasn't been suspended this time. It has to be provided. God knows how but at least they are recognised that children with SEN can't be flung under the bus further than they normally are. My son is having his provision I'd say 90% in place at school.

My sons special school is closed every child is vulnerable due to their disabilities and every child has an EHCP 🤷

Whilst It’s hard, if they only have x places, are you suggesting your dc takes the place of a key worker child or someone with an actual EHCP? (Whilst your dc has needs, I guess theirs are higher).
It’s terribly hard on you as it is for a lot of parents with children with extra needs.
You can only do what you can do. No one is expecting you to sit with your child the whole day. My DC haven’t had any input from me or their father this week. (We work. They are 8 and 6). We will try and do what we can at the weekend and some evenings.

What would you like them to do? They are meant to be keeping the class sizes small. Keyworkers are taking a risk going to work and sending their kids to school. The smaller the class the better.

Its awful and frustrating but having a 'huge row' with the SENCO is that really fair?

It’s your job to protect him not everyone else’s job. It sounds like the home environment would work well for a child who has difficulty focussing. Potentially far fewer distractions than at school. Sound like it’s time for you to step up to support him and meet his needs in terms of supporting his learning at home.

I agree with specialcase which I’m sure is not what you want to hear. Unfortunately we are not going to get out of this rubbish position if we don’t make some sacrifices, if you want your child to do any school work one of you needs to take some time out of work to do this.
We have had to make sacrifices to educate our children and to keep them and others safe.

Your problem is at present he hasn't got a formal diagnosis he isn't officially vulnerable so they can refuse him a place.

Definition of vulnerable is in this document here. Does he fall into that category?

www.gov.uk/government/publications/coronavirus-covid-19-maintaining-educational-provision/guidance-for-schools-colleges-and-local-authorities-on-maintaining-educational-provision