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 think Branleuse has the best idea. If you can’t facilitate the work then don’t push it! Rather than try and push him to do the tasks set by school why doesn’t he do some project work on a topic that really interests him

We have decided that any project set for a period longer than a week DS won’t be doing, he also isn’t doing art, drama or pe homework as it’s not really essential. I will get him to do as much as I can, if it be 7 bits to only 1 bit a day with will depend on his mood on the day. I’m not subjecting him, or the rest of the house to a meltdown over something not really significant to his mental health.

@arethereanyleftatall We have a 5 year old as well - he is helping them as well as juggling his job. Pandemic or no, DH has contractual obligations to his (remaining) clients. If he doesn't do the job, best case scenario they will leave; worst case they will sue him for breach of contract. His company is failing massively due to this pandemic and he is having to do what he can to keep his head above water.

DS needs someone with him literally every minute or he just can't do the work. His executive functioning is non-existent. He can't seem to follow instructions via a Zoom call at all. He is getting very upset and keeps saying he is stupid. It is very upsetting to watch.

**I have a child with SEN, because he is clinically vulnerable he can’t go into school.

It’s a nightmare situation all around. I still think the OP is being unreasonable**

@Sirzy

With all due respect, your situation is different because your DC couldn’t go anyway even if offered a place, with being clinically vulnerable.

You may have to email the school and say that he's not able to do the learning set and that instead he'll do x constructive activity.

As an example, DD1 (15 with SN) was meant to do some art today. It's geometric abstract art. I drew the lines for her and all she had to do was colour them in. But I've forgotten how much effort it takes DD1 to colour. It's not a fast process. She also wasn't feeling good today, so she did a few minutes and that was that. It will probably take her a good few hours to complete. I'm not going to pressure her, because it's hard enough for her to adapt to all the changes anyway.

@lougle Thanks but it's not that I am worried about getting into trouble with school for not doing the work, it's that I am worried about him falling even more behind.

I wonder if any of the many many posters who've sent kids in when they really don't need to, are feeling guilty reading this.

With hindsight, we maybe should have put our cases in months ago for why each child needed a spot, and then they could have listed them in priority order.

**I have a disabled toddler who has been stuck at home since March due to being vulnerable to Covid.

I think OP is entitled, am I allowed an opinion**

@Useruseruserusee

Oh my good god- it’s not a cometitioj over who’s child has the most ‘in need’ SEN, it’s about being understanding that DC with SEN will struggle more than a child without SEN

It’s shit all around for everyone, but it’s shitter for parents of children with SEN.

Also to answer your question, you couldn’t use a space even if one was offered as you say, if you’re LO is vulnerable. It’s awful for you, must be really difficult but it’s not the same as the OP situation

@Aalvarino

We are definitely not all in the same boat... this thread is evidence that SEND is still not well understood or taken seriously by many, many people.

Yep. My NT 8 yo is also unhappy, dislikes remote learning and cries because she wants to be in school. But her distress is incomparable to that of her autistic brother (who also has ADHD).

I’d also like to reiterate that not having an EHCP doesn’t mean a child doesn’t need one. Some schools discourage parents from applying as they’re worried about having to meet additional costs, and in our London borough they take a minimum of 20 weeks to process the application and do the assessment. Imagine how many applications got stuck in limbo during the last lockdown!

Cut short.... None. I was in the same boat last lockdown. My son has ASD ADHD ocd arfid and sensory processing disorder. We were appealing a refusal to assess last lock down when schools shut. They could not grant him a space as the ehcp is what makes them considered vulnerable. This time we have just received his draft EHCP 3 weeks ago so he got a place. I called County Hall local authority the lot last time kicking off but got no where. Keeping pushing for an assessment if they refuse one appeal it nearly all appeals are won by parents. It's crap but keep going.

My child cannot access online learning to the same extent a neurotypical child can.

Our KW children are in front of a laptop in school.

This could be a perfect time for you and your husband to spend short bursts of time focusing the the things he struggles with to help him get the basics solidly so he is in a better position to access education moving forward. It can also be a time to help him develop the life skills it sounds like your worried about him developing in order to help increase his chance of independence when he is older.

Turn the negative into a positive as much as possible.

@Fr0thandBubbleth it may not help you now but you should ask the Local Authority to make an EHC needs assessment of your child. Securing an EHCP will give you options and support for your son in school to ensure his needs are met. Template letter hereIPSEA and SOSSEN will advise you throughout the process and to Tribunal should you end up there. Contacting the LA inclusion team might help with your need for a school place just now too.

OK, I am a teacher but do genuinely understand & sympathise with your situation.

HOWEVER, the bigger picture right now is that schools should technically have as few children & adults in them as possible for the sake of literal life & death safety reasons. They're simply over-subscribed & struggling to cope. It's a ridiculous situation - many of my colleagues have small children & have had to take key worker places at their children's schools in order to come into ours to work! Plus, we're all desperately anxious about our safety & the risks to our own families. In fact, my husband is working full time from home & having to home school our son while I go into my school EVERY SINGLE DAY to look after other people's children.

To be fair, your child's specific set of needs would be very challenging right now - many schools are providing childcare at best. There's a skeleton staff (rightly so) & they're supposed to keep their distance & keep the children in their seats, away from each other & preserve bubbles etc.

It's a shit situation & not yours or the school's fault.

Probably not going to be a very popular opinion, but it sounds like maybe this is a time to reassess if having two parents with busy careers is practical for your family - as you have one very young child and one child with severe needs.

Could you afford for one of you to go part-time? It sounds like your DS needs more input than you can currently offer. You cannot only rely on school alone to fulfil this for him - something will have to give.

One of my DCs has SEN and is really struggling with accessing school work independently, and yes we’ve had tears this week. DH works long hours, and I work in a role for which I am overqualified and underpaid, but it means I can work locally and the hours are shorter so it’s better for the DCs especially DS - I can give him some focused time after I finish work. I have accepted this because ultimately the children are mine and DH’s responsibility.

My DH is currently juggling his hours to help with the homeschool by doing his work early morning and into the evening, so he can help DCs a couple of hours in the daytime - is this something your DH could do? Is it crucial he works specific hours in the daytime?

What really surprises me here @Fr0thandBubble is that you feel the level of anger you do towards the school, but express no anger towards your employers, who frankly sound awful. You've said that they will throw you on the scrap heap if you show any sign of needing flexibility or understanding. Doesn't that make you angry? Why is it all right for them to put you in that position and extend you no slack, but the school who are stretched beyond their limits are the villains of the piece?

Oh and please try not to take frustrations out on the SENCO, they are struggling too. Many school staff are anxious and worried about being in school. The SENCO at my local school died of Covid over Christmas, it is tragic and very upsetting.
I am sorry that your son’s education is suffering but there is a very important reason schools are closed.

Of course children with SEN struggle more and I really feel for you. But I think it all so depends on where you live and what the situation at your school is like. Yes, children with SEN have more difficulty engaging with remote learning. But ‘vulnerable’ children in our school includes those not getting fed or cared for in their home situation. Whether they can engage with remote learning isn’t even relevant - they need a safe place. Then we have a high proportion of keyworker parents. Children with EHCPs. Children who may fall behind with education - even with SEN- who have two safe parents at home are simply not high enough on the list. Because there is a very obvious conflict her in the guidelines which also require schools to operate within health and safety requirements - which means social distancing etc. Which means there simply is a limit to the children they can accommodate in reality. It’s shit. Do you think he would thrive in school under the current circumstances though? With such a different set up than he is used to? Also, if you are such a high achiever, do you really feel you would lose all future prospects by taking a step back at work right now? It feels so dramatic when you say that if you take a step back for what seems a very good reason, you would be pretty much without any income ever again to support your child later in his life.

My DD (10) ASD and EHCP was sent to school during 4 weeks of the first lockdown her anxiety increased to the extent she started to self harm. The changes in her SEN unit made to protect them unsettled her so much she won’t leave the house. She struggles to do home learning so we have had to accept that she will fall further behind because she can’t cope with the in school changes. Her EHCP is legally enforceable in court however the education act is not. This is why I said you need that EHCP. It’s not just about the school meeting needs without it. It’s about all the specialist provision too.

OP you have briefly mentioned some of your child’s difficulties contact the SEN team in your local authority and list these with them and ask for help. I appreciate the issues with work but you will need to focus on his difficulties and why he needs to be physically in a setting but be prepared you may be offered a place in a different hub if his own school can not safely take him

Confused why you had a go at the SENCO when they were doing their job, if the guidance is that children can attend if they have an ECHP and your DS doesn't, then it makes sense. Out of interest, what do you think schools are like at the moment? Because its mainly new routine, probably different classroom, different children, which aren't likely to be easy to deal with. I know you say you don't want to ask for unpaid leave because it means you won't get a promotion, but you or DH should step up, sorry.

'Both DH and I have full-time jobs etc..' you and thousands of others who are managing in far worse circumstances than yours!!!! You have to make adjustments to your working schedules to be there for your child. That's what everyone else is doing if they can. A diagnosis of ASD does not guarantee an EHCP. It comes down to the level if need and whether those needs can be met by provision ordinarily on offer from the school. If that is the case then submit a parent request for EHC needs assessment to the local authority. And stop being nasty to the SENCO

It might be worth sending them this link which explains the guidelines on how to class a vulnerable child: www.gov.uk/government/publications/coronavirus-covid-19-maintaining-educational-provision/guidance-for-schools-colleges-and-local-authorities-on-maintaining-educational-provision?fbclid=IwAR0Fj0oEB1vSpiVvTrFNSkHnaXz_hDbmmax6jTGVtxT6Uy5lGPYc-mQt7e4

Really @ArtyFartyQueen???
You don’t think the school has read that document?
That’s the document the school are using to refuse ops ds a place as he does not qualify

It might be worth sending them this link which explains the guidelines on how to class a vulnerable child:

The school will already be acutely aware of this document ans it will be what has formed their decision on why they feel the OPs son doesn't require a place.

It would be incredibly patronising to send them the document.

@ArtyFartyQueen the key line is "This might include.." and entirely up to the school/La to decide