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.

@Fr0thandBubble

To be clear, the guidance says that a vulnerable child includes:

“those who have been identified as otherwise vulnerable by educational providers [...] and who could therefore benefit from continued full-time attendance, this might include [...] those who may have difficulty engaging with remote education at home [and] others at the provider’s discretion including pupils and students who need to attend to receive support or manage risks to their mental health.”

It is these grounds I am relying on.

My firm isn’t furloughing and it is a pretty cut-throat sector. If I don’t do the work, I am fairly confident I will end up being managed out. As the main breadwinner for a child with special needs whose future earning capacity is very much unknown, I am not going to jeopardise my job, because there is a good chance I am going to have to support DS financially throughout his adult life.

Every single child in my class could make an argument under that paragraph. Every. Single. One.

YABU. This isn't about your kid; it's about your job. ANd while i feel for you, countless families are in the same position.

Schools will have different rules because they have different circumstances. We have high numbers of key workers because of our location, near teaching hospitals and food production companies, pretty much every household around here has someone working in one or the other! So, even without other categories, we have around 50% keyworker children. We have double the average percentage nationally of children holding EHCPs and a significant number of children with social care involvement. Just these children takes us up to 60% in many classes. But there will be other schools in different locations and catchments who have fewer keyworker children and can widen the scope of their "vulnerable" category without having so many children in as to make lockdown pointless.

Really feel for you OP. I think you are being given a very tough time on here, really cold and judgmental. One reason why I never start a thread on MN. Keep going .

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.

This^. At my school the keyworker/vulnerable children who are on site are at the computers doing the same Google Classroom work as students at home. They are supervised by LSA's/cover supervisors.

There is no face to face teaching going on in our school or any other of the local schools.

There must be something he can do at home even if it's watch educational videos or maybe you could get him an online tutor? I understand it's not the same as a school education but it's better than nothing. Maybe on the weekends you can do some schooling with him.

Sorry but I think you are out of order for all the reasons previous posters have already said and owe the SENCO an apology.

[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]
I have been teaching today. The children have done exactly the same as those at home have done. However, as the set up is so much different to what children normally have in school, it is very unsettling for them. If your child has ASD and is struggling to complete work at home, he would most likely find being on school so much harder.

There’s proper teaching going on in my children’s school. The curriculum has not been suspended like it was last summer.

They can refuse him a place. 18/30 is a lot. It means they are in a really difficult position. They are not supposed to be teaching, they are providing childcare to those who most need it

It's just a shit position you're in. You obviously want what is best for your son. Schools have been told it's their responsibility to keep numbers as small as possible while the government releases an incredibly long list of circumstances which mean you're entitled to a place for your child. This puts the burden of responsibility on schools to make a prioritised list of who is most deserving of a place and who they have to let down. It's one of those ones where you're not wrong but neither are the school you've just both been put in a shit situation.

Kids in our school do less work in school than at home as they do sport/craft/films. At home it's just them cracking on at their pace. So if it's about the education side he will do more at home. YABVU.

Fr0thandBubble leaving aside your ds accessing the learning for a moment, but are you and your dh both able to get your work done if you tag team childcare/work flexibly if your ds is at home?

Because if so, I would focus on asking the school to provide something that your ds can access at home or providing it myself.

In reality, the class 'bubble' is likely to burst (very soon!) and even if he did have a place at school, you'd still be in the situation of the online provision not being accessible.

I would focus on the school providing an education that is accessible to your ds, rather than the school place issue - they can't just say no to that and it will be more productive.

[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]
How much of an education are you expecting him to get even if he is in? Most schools are just doing the same online work but in the school.

You say you will fight tooth and nail but neither you or your DH are proactively doing anything to help him - one of you needs to take holiday or unpaid leave if you are that concerned. Many of us are in the same boat and I'm afraid your son doesn't fit the criteria anymore than most children would - even NT ones

@spanieleyes

Schools will have different rules because they have different circumstances. We have high numbers of key workers because of our location, near teaching hospitals and food production companies, pretty much every household around here has someone working in one or the other! So, even without other categories, we have around 50% keyworker children. We have double the average percentage nationally of children holding EHCPs and a significant number of children with social care involvement. Just these children takes us up to 60% in many classes. But there will be other schools in different locations and catchments who have fewer keyworker children and can widen the scope of their "vulnerable" category without having so many children in as to make lockdown pointless.

Exactly this. Our school has a high number of children with EHCPs, several sibling sets who are LAC, and more who have a CIN plan. Then there are the ones who don't yet have SW involvement but are known to be vulnerable due to their circumstances at home. We are desperate to get these children into school. A child being unable to work independently at home would be a much lower priority for us.

@sadeyedladyofthelowlands63

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.

This^. At my school the keyworker/vulnerable children who are on site are at the computers doing the same Google Classroom work as students at home. They are supervised by LSA's/cover supervisors.

There is no face to face teaching going on in our school or any other of the local schools.

This

@Fr0thandBubble I will fight tooth and nail for him to have an education. you need to fight with your employer then. Your child is not vulnerable enough. Dh and I are wfh and home educating multiple disabled children. Parents are ultimately responsible for their children’s education. The more children in school the more deaths we will have.

My son has an EHCP and was offered a place.
I haven’t taken it up as he will be in a classroom, with others in his year group, sat at a computer doing the online lessons. There will be one TA supervising them all, he won’t get the 1-1 support he needs.
It would be easier for me if he was in school but harder for him. At home he can at least chat online to his friends (which would be discouraged if at school) and he can have a bit of downtime between lessons.

DS is missing out in his education and isn’t getting any of his interventions. I really hope this is rectified soon so I can send DS in and he will get the in person teaching the government have said those in school will get!

It is really tough. In my DD's reception class 21 out of 30 children have key worker parents and have asked for places. The school has said they can only offer 10 spaces to keep the staff safe. Parents are kicking off and I understand their dismay.

A lot of this could have been made better if Boris had made the call to lockdown a couple of weeks earlier. Teachers could have prepped, parents could have made arrangements...etc.

I feel very sorry for head teachers right now

Going against the grain here OP YANBU
MN is often anti ND people

What are yours and DH jobs? Key worker seems to cover most people these days.

Don't fight with the school, for sure keep on at them but to iterate how vulnerable he husband continues to be. Polite and firm. And get started on an EHCP, having one in progress might help him access adequate support

@JanewaysBun

Going against the grain here OP YANBU MN is often anti ND people

What are yours and DH jobs? Key worker seems to cover most people these days.

Don't fight with the school, for sure keep on at them but to iterate how vulnerable he husband continues to be. Polite and firm. And get started on an EHCP, having one in progress might help him access adequate support

What a load of rubbish. There are many, many children with EHCPs who go to special school, who can't get places. This isn't 'anti ND' it's reality.

We have recorded some online lessons and other resources for home. The BBC is also doing 3 hour daily slots for children. Those in school are having face to face teaching. This is pretty much the same for other local schools who have as yet low staff absence. Check what your school is actually providing. We only have 15% in school but they will be working.

@AldiAisleofCrap Not technically true. The government is ultimately responsible for my child’s education as a matter of law - and your children’s too.

I could maybe try to get unpaid leave from my job but it will very likely write off any chance of promotion and my firm has an “up or out” policy - if you don’t get promoted to partner, you are managed out.

As the parent of a child with special needs, I cannot jeopardise my job. Because of my child’s special needs, I doubt very much that he will ever be able to hold down a job himself. I need to be able to support him financially on an indefinite basis.

I pay my taxes (way, way more than my fair share) - I should be entitled to an education for my disabled child without having to lose my job in the process.

@Fr0thandBubble Not technically true. The government is ultimately responsible for my child’s education as a matter of law - and your children’s too
No parents are always responsible for their children’s education, that’s why you are fined if your child is registered at school and doesn’t attend. You can however choose to fulfil your responsibility by sending your children to school.

You need to look at the bigger picture OP, as hard as it is your situation is not unique either and there are many much worse off.

I hate that Covid has made it that you are getting responses like this, it would never have happened before this but as someone who works in a ASN school, we are just trying to get out of this alive and other areas of our lives need to suffer to achieve that end goal.