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 you’re getting a hard time OP. Unless you have one of your own, it’s difficult to understand how hard it can be for a child with ASD to engage with remote learning, even if they can cope without extra support at school.

We’re in the same boat with DS. And it’s definitely not about me not wanting my own work disrupted; I’m not working at the moment! I want him to be at school because he’s incredibly anxious and unhappy and it’s horrible to watch your child have multiple meltdowns a day about schoolwork which you know they’re more than capable of, but are too distressed to engage with because the environment isn’t the one they’re used to. If he was at school he’d be with the majority of his peers, in his usual classroom, with his usual class teacher and TA.

I’m not going to challenge the school though. I know they have more keyworker children than they can cope with, so we’ll have to struggle on. You have my sympathy though OP and I admire your tenacity.

@Lougle all children with an EHCP should be given school places, no school should be turning children away though I understand why some are.

My hon. Friend is absolutely right to point out that children on an EHC plan are entitled to and should be allowed into school and receive the care and support that school provides to those incredibly important children, so I absolutely, categorically make that totally clear to all schools and all colleges as well
This is what Gavin Williamson stated today. hansard.parliament.uk/commons/2021-01-06/debates/D2A64DD9-6A6B-4EAB-8001-C3BACDE25B02/Covid-19EducationalSettings

@Fr0thandBubble here is the actual law.
Section 7 of the Education Act 1996 makes it clear that it is parents who are responsible for their own children’s education.

7 Duty of parents to secure education of children of compulsory school age.
The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable—
(a)to his age, ability and aptitude, and
(b)to any special educational needs he may have,
either by regular attendance at school or otherwise.

@Newpuppymummy

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

So why is @Mrsfrumble
Saying this

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

It should be across the board that the curriculum is ‘stopped’. This is why so many parents are worried about their child falling behind. To hear things like the above makes you feel shit when your SEN child can’t access the learning at home...

@AldiAisleofCrap Under the Education Act, the State has a legal obligation to provide my child with an education, taking into account his special needs. It’s not up for discussion, it’s a fact.

Can't your DH take some time off work if yours isn't possible? One of you needs to try and home educate if the school cannot take your DS, you can't force them to take your child if they say they can't.

They are trying to keep numbers in school to the absolute minimum to reduce spread of the virus (you can catch it more than once).
The new variant is 50-70% more infectious so the restrictions need to be much more rigorous this time to lower the R rate.
All children really need to be at home if there is someone there to look after them.
The right to life trumps the right to an education I'm afraid. Education can be recovered but life cannot.
It's very difficult I know but the virus is out of control and hospitals cannot cope.
The n America they are having to leave people to die at home as their hospitals are overwhelmed, we must prevent that here.

www.google.co.uk/amp/s/www.bbc.co.uk/news/amp/world-us-canada-55549037

[quote Fr0thandBubble]@AldiAisleofCrap Under the Education Act, the State has a legal obligation to provide my child with an education, taking into account his special needs. It’s not up for discussion, it’s a fact.[/quote]
It doesn't say that education has to be in school or in person though.

@TableFlowerss last time the schools were just providing childcare, this time they need to provide a quality education for all.

But why can’t I send my child in? He finds it hard at home too and we both work. Your child doesn’t have an EHCP and neither does mine, therefore we can’t. All the kids should not be at school.

[quote Fr0thandBubble]@AldiAisleofCrap Under the Education Act, the State has a legal obligation to provide my child with an education, taking into account his special needs. It’s not up for discussion, it’s a fact.[/quote]
They are providing your child with an education- remotely!

[quote Fr0thandBubble]@AldiAisleofCrap Under the Education Act, the State has a legal obligation to provide my child with an education, taking into account his special needs. It’s not up for discussion, it’s a fact.[/quote]
They are providing an education though. It may have to be at home but that’s the same for the majority of children.

They are trying to keep everyone safe. If your job is too important to make time for your child maybe your husband could?

Poor senco. You do realise teachers had this sprung on them the same time as everyone else.
What a nightmare trying to sort everything out last minute with parents screaming at you.

If you shouted at a teacher you can expect to be banned from school grounds.

There is no way you are going to get a place now and rightly so.

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

What does this even mean?

The sense of entitlement from the OP is truly astonishing. Such a shame that she and her husband place their own needs and wants first and put their child into second place, no wonder the poor kid is struggling.

www.theguardian.com/world/2021/jan/06/english-schools-struggle-with-demand-for-key-worker-places

MN is often anti ND people

Not at all. I have 2 DC of my own with ASD. One has an EHCP and one doesn't. I also work as a 1:1 in a primary school, including during the current lockdown.

None of that changes the fact that the school doesn't have to offer a place to the OP's child.

[quote Cactusowl]@TableFlowerss last time the schools were just providing childcare, this time they need to provide a quality education for all.[/quote]
Problem is, it’s not for all though.

You sound so entitled OP.
There are thousands and thousands of us up and down the country having to make this work. You’re really not a special case.

@Jangle33

But why can’t I send my child in? He finds it hard at home too and we both work. Your child doesn’t have an EHCP and neither does mine, therefore we can’t. All the kids should not be at school.

Is he on the SEN register?

@Fr0thandbubble

You say there is a legal duty to provide an education. You are correct. There is nowhere that says that has to be within the school building. The school is providing your child with an education.

I'm surprised that your child has not got an ehcp if you anticipate him never being independent when he's older.

You say your job is too vulnerable to being managed out if you take unpaid leave. What about anyone else in your house?

The trouble is, as these places become more and more saturated with parents thinking they are entitled to something just for an easier life, it will force unions to act again if capacity is closed. This would result in teachers refusing to be in work if numbers are so high that their health is at risk.

Where is your child safest, all things considered?

My child has ASD and has an EHCP and a 1:1 at school, and he's not in school either. The school have said that only families with 2 keyworker parents can go in. I'm sure I could push it if I wanted, but to be honest he finds it hard at school and he finds it hard at home. He is really struggling at the moment, but so are so so many NT children too. We just have to accept that it's hard and do the best we can in the circumstances.

Tbh, the more information you give, the more it does sound like you want him to go in because of your job. I am so sympathetic towards parents both trying to work from home in this situation (or single parents), but there are a lot of others in the same boat who can't get their child into school (quite rightly) and are also suffering.

If your job is that demanding and you're the main breadwinner, I'd suggest your DH is the one to try and and take on more of the home learning, and for the rest, don't beat yourself up over it.

@lemonsandlimes123

The sense of entitlement from the OP is truly astonishing. Such a shame that she and her husband place their own needs and wants first and put their child into second place, no wonder the poor kid is struggling.

How DARE I feel entitled to an education that my child with special needs can actually access!!! My sense of entitlement is of the scale isn’t it?!

Unless you’ve got a child with SEN I don’t think you can call the OP entitled at all!!