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.

@fr0th I am not doubting that your child has needs which means remote learning is more challenging. I'm also not saying that your home situation is the same as someone with a NT child. Every situation is unique to each family depending on the dynamics. We are in the same boat in terms of having to juggle things and balance everything. Some families have it harder. I don't deny that.

You've made a lot of assumptions about me, which if I'm honest just adds to how entitled you come across.

You still have not addressed why your child does not have an ehcp if needs are so high. I am fully aware that it takes 20 weeks, that's not just in London boroughs, it's stated in law. But, if you were on that pathway somewhere even if your teacher or senco was considering it, that would add weight to the case of him being in school.

Lots of children struggle doing the remote learning, but your request of sending him in has been denied. You now need to work with the school to work out other options. Not all learning has to be online live lessons.

You've also not addressed the points about how your child might manage in a school that is totally different to what he is used to. Your focus has been on your job and not the learning of your child.

You are allowed to take annual leave. You are allowed to take parental leave. You are allowed to be furloughed. There are so many options to you but it's going to cause you so much angst and animosity with the school if you shout at them to try and intimidate them into letting your child into school.

@underneaththeash

You've had some very odd replies OP. I'd email school again and "remind" them that they have to take him. It's not optional.

Most schools will need to educate around 20% of children in the classroom. Which is significantly better than 100% and will mean much less transmission.

The issue is that most schools have way more than 20% of children who need a place, so they're having to make soon very difficult and unpopular decisions.

Schools local to us have 60% of children in. Soon they will be forced to close because teachers will send letters under section 44 and refuse to work in schools.

Cant help with school situation. If he is primary take it back to basics. 1 literacy worksheet, 1 maths worksheet. Reading or listening to audio book. BBC are doing primary programmes. Theres also online resources and apps he may find easier

He's in primary school and all children are disadvantaged by this situation. Tell him not to worry and tell the school that he'll do some TT rock stars/Maths watch/etc.

@Snowbeau

Schools local to us have 60% of children in. Soon they will be forced to close because teachers will send letters under section 44 and refuse to work in schools.

And this is the issue, yet again the government give wishy washy guidance which adds to the pressure on schools

Snowbeau I think it's more likely to be a repeat of what was happening in schools before Xmas actually.

School sites having to close, or close to some year groups, due to too many staff unwell or having to self-isolate, or too many bubbles bursting.

You have my utmost sympathy but the school won't change their mind. As long as they do a bit of work at home I'd be happy. Take the pressure off if you can, but they must do some work
I'd apologise to the Senco and start looking for a new job. This will be going on for a while. Respect to you for trying to work under all this stress, it must be difficult under normal circumstances let alone now

the thing is OP, if your childs needs are that significant, then what you are dealing with now is the fact you havent secured an EHCP for him yet. This could go down as evidence that he needs his EHCP, but if you piss the school off too much now then you will alienate yourself and wont get as much help when you want to apply. Obviously it shouldnt be like that, but like in many cases, the way to get what you need is for everyone to feel on the same side over.

My son with an EHCP was offered a place and my daughter who is also autistic wasnt offered a place.

Your worries about him being behind when he goes back arent going to be the priority, because a one-plan or a diagnosis doesnt have the legal obligations of an EHCP. If it did, then what would be the point of an EHCP.
We can argue about who is vulnerable till the cows come home, but I honestly dont see how your dc would have constant one to one support at school without an EHCP anyway.

I just dont want you to mess up your relationship with the school over this, because this will be the biggest thing in getting what he needs when he is back and also you mustnt let it stress you so much. If he gets very little done now, then so be it. He wont be the only one, and this isnt as crucial as you think. The point of lockdown is to reduce the transmission and therefore the majority of kids are off school. Even SEN schools are closed

@Fr0thandBubble

I think YABU.

I pay my taxes (way, way more than my fair share)

This implies to me that you're earning a very good wage. Why don't you look into hiring a nanny 3 days a week who can help your children access remote learning?

@tvdfan It would be very, very difficult to find a nanny at short notice who is able to deal with all the Zoom calls for two children, print out everything that needs printing, be able to help to teach my son, etc. We do have an after-school nanny two afternoons a week and she wouldn't be able to do that.

And I apologise again for that stupid tax comment.

I didn't realise that you had another child at home Fr0thandBubble.

Fwiw, it sounds like your ds is exactly the type of 'vulnerable child' who people opposed to moving schooling online were wringing their hands about only a few short days ago.

It does sound like he needs to be and should be, if we're considering need of the child, in school, esp as you have another young child at home.

However, the school sounds like it's not budging on that at the moment. It may become a bit of a moot point very soon when the class bubble bursts and they're all sent home to isolate anyway.

For the moment, I would focus on conveying to them that his disability makes it impossible for him to access the home learning in the manner that it is being sent, so what adjustments are they able to offer please?

'Reasonable adjustments' aren't just doing something a bit differently but the same for everyone and hoping that it works. They're intended to be adjustments that reduces or eliminates the disadvantage caused by the disability that the individual person has.

It sounds like this may be a wake up that family priorities need to change for everyone’s mental health. From your posts about your son is level of need is only going to increase as he gets older so will the long hours you both work be conducive to providing the support he needs and making sure everyone’s mental health is good?

Even when in school full time children with SEN are going to need more help and support from home If they are going to meet their potential. It’s a team thing!

This isn’t meant as a dig. I know how hard it is, when ds was 6 I realised that me working and meeting his needs weren’t compatible especially not if I was to provide him with what he needs most which is a mentally healthy and strong mum. Everything is a fight as I am sure you know.

OP sounds like the starting point for now is to email and say your children will not be completing zoom classes and explaining why your son can not focus/use them.
So for example executive function make it difficult for him to deal with instructions without hand over hand modelling(or whatever technique is used in class)
Sensory issues mean he can not tolerate the sound/camera/electrical noise. Etc
Then request they provide printed packs and you can then see if your nanny or a tutor wishes to pick up some extra hours to assist with this?
Don’t aim for 6 hours aim for bite size chunks focusing on basics we have extended the school week to seven days with 2-3 pieces being done a day

I will fight tooth and nail for him to have an education.

But you and DH aren't prepared to make any sacrifices yourself to give him it.....?

OP I'm not judging your situation. I have two girls at home with diagnosed adhd (one with dyslexia) and I'm self employed trying to run a business that requires 100% focus when I have adhd myself. I'm owning the fact that in order for me to homeschool them I would have to make sacrifices I am not prepared to make. My oldest literally will forget to eat unless I am there constantly reminding her to do it. My youngest cannot sit still and needs active learning, which the school is usually great at providing for her (she is in a class of 4 for half the day). During the last lockdown they managed a bit of sumdog and the youngest managed 20 minutes of teach your monster to read as long as I supervised.

I'm owning the fact that I can't do it. I would have to cut my hours drastically and as a single parent I won't risk my business, and therefor my daughter's future life chances even more.

That is a choice we are both making. Own it. Life owes us nothing and a virus gives no fucks.

Are they getting an education? No. Are they vulnerable? Also no. I don't believe they are. They are fed and loved and warm and they're not abused and we have a roof over our heads. Their education can be caught up when things go back to normal. Yes they might fall behind but they're not going to be the only ones... half the country has fallen behind.

And maybe I could kick up and push for them to be recognised as vulnerable but what will it achieve? They'd be in a glorified childcare setting still not able to learn because the usual support is not in place.

These are shit times for everyone. There are winners and losers. I'm just grateful that (like you) I earn a decent wage and will be able to support them both in future should they not reach their full potential. However I have confidence that they'll catch up, and if they don't / can't then they're going to be one of many. I suggest you and your DH either choose to focus on his education or choose to focus on your careers. Not many people are getting to have both right now.

[quote Fr0thandBubble]@tvdfan It would be very, very difficult to find a nanny at short notice who is able to deal with all the Zoom calls for two children, print out everything that needs printing, be able to help to teach my son, etc. We do have an after-school nanny two afternoons a week and she wouldn't be able to do that.

And I apologise again for that stupid tax comment.[/quote]
Honestly, if a Nanny cannot cope with homeschooling two children, then I am not very impressed. Yes it’s a bit of hassle setting up the Zoom/Teams lessons, printing out the work, but I am doing that for 3 children whilst doing my own work. Your Nanny really can’t do that?

Another option is to ask the school for SEN appropriate work to be sent to you. My son’s school did this for children who found online lessons too difficult. Then the Nanny could work through the sheets with your son.

As for saying you wouldn’t be able to find a Nanny at short notice, are you sure? There are a lot of people looking for work at the moment, who might have left teaching previously, or childminders who are no longer needed because parents aren’t at home or can’t afford them. There have been a lot of posts on our local parenting forums recently from people offering Tutoring services, including Tutoring for SEN children.

You have been given lots of good ideas on here which you haven’t addressed.
It seems you are looking for reasons why you can’t help your son to be taught at home, and I am wondering why this is? Is there another issue?

UPDATE

Just found out that the school has done a u-turn and said he can have a place. Thank God. DS is over the moon.

Thanks for all your responses.

That's good news. I hope he settles well.

That's great news Fr0thandBubble.

Thanks for updating.

Just found out that the school has done a u-turn and said he can have a place. Thank God. DS is over the moon.

I'm pleased for you and sincerely hope he copes but something tells me that he will possibly find it even harder being in school without his usual support.

I also hope that upon reflection you appologised to the SENCO.

My DS has ASD and no ECHP. Home learning didn’t work for us either last time. He is currently at school at his private prep. He is not being taught live but he is in a bubble with his LSA and she is helping him and a group of other SEN and key worker kids access the online learning programme. Can you afford to go private, good mainstream schools who cater for kids with SEN do exist you, just have to pay up. I work full time to be able to afford this, as well as all his other services and treatments which I fund privately (despite being a high rate tax payer).

@Clarinsmum Yes, DS will be going to a private prep school in September. His SENCO has said that he thinks his autism isn't severe enough to get an EHCP but I can see him beginning to not cope with the large class sizes which state schools have.

I'm very lucky that I am in the position to do this and I wish a lot more funding was given to state schools - especially SEN provision.

@same4walls I did.

Great news on the update OP.

@Fr0thandBubble you really have nothing to lose by asking the Local Authority to make a needs assessment. School staff are not best placed to give advice on this as they are fed LA policy rather than the law. Criteria to qualify for a needs assessment are a child has or may have a SEN or disability (ASD dx fulfils that part) that needs or may need support through a plan (if ds needs support of 1 to 1 to learn then you can argue you have met the criteria.
FWIW LA fund independent specialist through the EHCP for my dd who has always been very academically able (top five per cent) and has never had any behavioural issues