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.

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.

@yearnewwhatever that's useful to know thank you. I might give it a few weeks for things to settle down then give the school a call to see what, if anything they can put in place.

We are lucky as all the OT provision is private and they have been excellent since March, and kids will now see them in clinic once a week instead of at school.

SALT which is via the LA has been appalling!

We got the OT privately as I took the LA to a tribunal - bizarrely it was easier for the LA to pay for private therapy than it was to get their own in-house OT to do it! 🤷‍♀️

Our schools are very clear that they are not teaching or assisting with learning, they are in for classroom supervision from 9 - 3pm

I think the vulnerable child label is aimed at children in care or who have a named social worker due to them being at risk of harm. Unfortunately you don't qualify as your son doesn't have an ehcp. X

'Failing their legal obligation to educate him'

Isn't this true of every child in the country at the moment? (Note- not a dig at teachers, they are awesome) no child is getting a proper education at the moment, we're all (parents and teachers) just doing our best. It is what it is.

Also, our school have been very clear, that neither those in school nor those at home will have any more teaching than the other group. As that wouldn't be fair and would mean everyone would try and send their child in.

Underneaththeash - you are completely wrong

OP its clear that your DS doesn't qualify- like many other similar children so the school will not change their decision because its easier for you.
If you would 'fight tooth and nail' for his education than perhaps you could do some research online for educational strategies that would work with your sons needs and be prepared to home school him yourself.
Because schools will not be reopening for months.

[quote Fr0thandBubble]@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.[/quote]
But he won't be being taught at school - he'll just be doing the same remote learning that the kids at home are doing, supervised by whichever member of staff is on duty in his room.

If he needs 1-1 attention you'd be much better off asking to be furloughed or taking unpaid leave and educating him yourself.

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.

In a class with 18 other children and no EHCP to fund 1:1 support, I'm not sure that he would get the level of help that he would need to get the work done. A lot of schools are just giving the in-school children the same work that the rest of the class are getting. They are still expected to sit down and get on with it. Any available support would surely be given to the children with EHCP.

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

They don't have to take him. As many have said special needs schools are closed completely, leaving many vulnerable children to learn from home.

The vulnerable list obviously includes children who should be in school. But the criteria of those who may have difficulty engaging with remote education at home (for example due to a lack of devices or quiet space to study), could easily apply to the majority of children. Accepting children because of it would defeat the point of reducing class sizes to help prevent the spread of the virus.

Are the school actually educating the kids that are in? I'm in a county in Wales and it's basically just childcare so keyworker parents have it worse in a way - they and their kids arrive home tired after a day out of the house and then they have to try and do the educational work that's been set.

@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.

There are lots of schools with a far higher percentage attending than that.

He won't be receiving an "education" as such in school.

He will be being babysat while doing the same set learning that the children at home are doing.

He is not vulnerable in the sense that they mean when allowing vulnerable children to attend school. By that they mean children in care, children who may not be receiving basic care at home such as supervision or food, or children who may be considered to have an unsafe home environment.

There are 2 of you at home, make it work.

I'm a critical key worker (Legal) but have declined spaces for my 3 children so that those truly in need of them, looked after and ECHP children, not to mention NHS, Retail and Education sector children can have them.

It is hard for all of us in this current climate. Don't be THAT parent.

Also, I'm a lone parent, working full time and managing the best that I can. They aren't getting a traditional education at home with me but they're ok and we're getting by, that is enough.

The children who are in are being taught by teachers face to face. I think in the first lockdown it was more of a childcare arrangement but this time around they are getting proper teaching. I really want DS to access this.

There are probably thousands of families whose children will not work independently, thats not a reason to get a school place or schools would be full! Seems this is more about you and DH getting your work done.

The children who are in are being taught by teachers face to face. I think in the first lockdown it was more of a childcare arrangement but this time around they are getting proper teaching. I really want DS to access this.

Don’t we all

25% of my current class is obviously on the autistic spectrum in my class, and another few are likely candidates. Only 1 is in the pipeline for an EHCP; the rest will likely never qualify. Of course we can't accommodate them all during a pandemic on top of KW children and children who have more severe issues and qualify for EHCPs.

And we're not doing 'proper teaching'. The children are sat in front of laptops and tablets doing the same online input along with the rest of their classmates and then having to work independently. Wouldn't be fair otherwise.

What support / help have you had from cahms. Can they intervene (or gp if you have been seeing them)

'I really want to go on holiday!' but it isn't going to happen.

You sound very entitled. There is no legal duty on the school to take your child simply because he isn't 'engaging' at home. That engagement is YOURS and his father's job to facilitate.

Teachers and school staff are fire fighting right now and I really hope your school continue to say no to you.

Goodness me, we ALL want our children to access it.

@Fr0thandBubble

The children who are in are being taught by teachers face to face. I think in the first lockdown it was more of a childcare arrangement but this time around they are getting proper teaching. I really want DS to access this.

Many parents want their children to access face to face teaching, unfortunately what you want and what is possible right now aren't the same thing. I'm sorry OP but school aren't going to change their mind.

@Fr0thandBubble

The children who are in are being taught by teachers face to face. I think in the first lockdown it was more of a childcare arrangement but this time around they are getting proper teaching. I really want DS to access this.

Are you sure op? This would be very different to any school I know of, and also very unfair.

The truth is as much as they may have made the rules so most children can attend that doesn't mean the RA can make it safe for most to attend.

I feel for HT. imagine having to decide which of your pupils attends when you go into the job wanting to provide an outstanding level of education for all.

And imagine having to choose between allowing more children you think is safe and putting your valued staff at risk or keeping your staff safe and not giving a child a place.

I'm not sure the rise in gin sales will just be the home schooling parents!