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.

Snowbeau - not every child than needs an ehcp has one. Its also worth noting that some schools do amazing things in SEN support - spending a lot of money on equipment, training, materials and even 1 to 1 support for key lessons. All without an ehcp in place. Even at SEN support level you can find the standard online lesson is not suitable for that child.

@Fr0thandBubble I stopped reading the replies half way because there are some real IGNORANT BASTARDS on here with absolutely no understanding of what it's like to have a Child with additional needs. You know your son better than anyone so you carry on and fight for his rights . My son is autistic with an ehcp , they are doing live classes online 9-3 and there is no way he would engage at home and take part so him being allowed to attend means he can continue with his education and routine. It is different to the first lockdown in that they are providing proper lessons in their own classrooms with their own teachers, before it was more of a childcare setting with the children all together in the hall and I kept him home. Speak to your local authority - they should have a parent / school liaison officer. Good luck I hope you get your chikd the support he needs

I do think you've been given a hard time when this really is an incredibly hard time and many people will struggle.

Having a child with special needs during lockdown really does bring a very different experience which others often can't apreciate/Imagine.

I would apply for an EHCP. Its a tough process and you may need to appeal but it's well worth the fight.

Your child does not need to be learning for 6 solid hours a day. You can achieve a lot with 1-1 personalised teaching directly at his level and it doant take long. 20 minute bursts if he can cope for that long or adjust it for his needs. It takes longer in a classroom as there are often 30 kids to 1 teacher whilst at home you can do the same lesson in half the time when it's just your child.

Some home education groups are sharing resources and ideas with school based parents throughout lock down maybe look up some of your local ones.

It's hard and it's stressful and it is a lot to juggle. I think its just suddenly become too much and it got to you.

Perhaps try the SEN boards here for a listening ear when you need it.

Honestly the people on this thread do not speak for everyone. It is patently clear that your child is a vulnerable child and if the school has eg allocated any spaces to key worker children who have one SAHP or furloughed worker at home (and no vulnerabilities themselves) then that would definitely not be on. Most schools around here have been prioritising vulnerable children before critical workers.

OP you didn’t mention he had tears for 8 pages so it has seemed to everyone like you are more fixated on the education and work situation.

However as others have pointed out , whilst the school you would be sending him into will be the same building , it is unlikely to be the school set up he knows and is familiar with which could make him even more emotional.
Different teachers, maybe some substitute ones he has never met before. His normal class mates won’t be there. Kids who normally are in other classes might be in his room. Or he might be in theirs. The daily routine could be different. Is that really what he needs?

@Fr0thandBubble sorry I’ve not read everyone’s responses to you (so this could have already been said) I have read yours though.... I work in an AP and we have had issues key worker spots. Our school spoke to the local authorities - head of education - safeguarding team (I’m sure you can find their number online or your local council and ask to be called back) they emailed the school and let them know how important it was for all our students (and staff) to be in our school due to vulnerability. Not all our students have EHCP but a lot have ASD. So I think they will be able to help you. It happened in about 10 minutes (Apologies for my rambling message I’m so tired)

Children who are going into school during lockdown are getting the equivalent of remote learning. They are still put in front of a screen and have no help from the staff who themselves are trying to deliver lessons online

You have spent more time explaining why having your son at home is risking your job than the impact not attending school would have on his education and emotional well-being. I think you would have had a different thread if you’d outlined the ways your son is affected by this. Rather, you’ve chosen to mainly focus on your work concerns. While many of us can empathise with tjr utter hell that is WFH and home schooling, it doesn’t mean you are automatically entitled to a school place for your son. That said, it is spectacularly crap for many people and very tough.

@lemonsandlimes123

Porridgeoat- that is terrible advice. There is little that schools like less then medical consultants telling them what to do!

Shouldn't schools should work in partnership with outside professionals - especially when a child has SEN?

@millie absolutely, but that doesn't mean a school place is the default next option. I've raised several times about the child having an ehcp and the op hasn't mentioned it which means either there has been no discussion with school about applying for one, or the school don't feel one is needed. The OP can apply for an ehcp so if one was needed I'm sure that would have been done by now too.

@fr0th those are the same options that the majority of parents are facing now too. You are not special and alone in that regard. You are showing no flexibility at all in how you're willing to move forward. You are coming across as entitled and not prepared at all to even consider other views.

You can of course write a complaint following the school complaint policy, complain to ofsted, complain to the LA. The only impact this will have is on breaking down the relationship between you and school.

i dont udnerstand why you keep saying he will rely on you for the rest of his life?

How old is he? Why does he not have ECHP if his needs are so acute. And if his needs were so acute without an ECHP Im sure the school would accommodate.

Why doesn’t he have a EHCP if he’s needs are so great?

@haenow
Totally spot on.

There is a lot of blissful ignorance on this thread regarding children with SEN.

No just because a child dosnt have an EHCP does not mean that the needs are being met.

Not all SENCOs are good at the job (shout out to the fool of a SENCO who told me dyslexia is a trend)

Children struggle in mainstream schools all the time because they are not well supported and they leave school with little to no qualifications.

Before this virus there was thousands of children with no provision at all because SEN support is so poor. Some kids out of school for weeks, some months and others years. There is a serious problem in this country that many didn't care about until the lockdowns hit and suddenly it effected their kids!.

So please have some empathy for parents like OP who often spend the entirety of their child's life fighting for basic support and rights. Its not a path anyone choose and it is exhausting.

Youve asked, theyve said no. I really wouldnt wreck your relationship with the school amd senco over this. Its also likely to be a few weeks.

BBC are doing educational stuff at the moment on bbc2 for secondary age and also oaks academy online are doing free online lessons.
Id get him to do something like that a couple of hours a day and he will be fine for a few weeks.

@user1471505494

Children who are going into school during lockdown are getting the equivalent of remote learning. They are still put in front of a screen and have no help from the staff who themselves are trying to deliver lessons online

Not at my daughters school. They are teaching classes as normal to the kids in school and students at home can join via zoom calls and watch/ask for help and fill in the work sheet as needed.

Hazeyjanell- partnership would be nice but I am not sure how a letter from a consultant telling the school how to decide which children are eligible for places would qualify as working in partnership. Maybe the op could speak to the consultant about strategies she can use at home to support her child.

Our son has a vulnerable child's space at his school. He has suspected ADHD (no EHCP) but has been allocated a social worker and really struggled on last lockdown. It tool all of last term to settle down and is still behind where he was in Mar. We are grateful for the space, he thrives on the routine and we can't give him that at home. So OP, I fully understand where you are coming from. Our daughter who has FASD was offered a vulnerable space at her school but so far we have declined it as she can cope better as full online classes via a chrome book. Having both kids struggling at home as they did in first lockdown really affected my husband's mental health as he didn't feel like he was doing good enough for them. This means that they both get extra focus. I work full time and extended hours so can't help much more.

@Fr0thandBubble 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.
You have exercised your right for the school to educate you child therefore taking responsibility for your own child’s education. The school is educating him remotely.

[quote Snowbeau]@millie absolutely, but that doesn't mean a school place is the default next option. I've raised several times about the child having an ehcp and the op hasn't mentioned it which means either there has been no discussion with school about applying for one, or the school don't feel one is needed. The OP can apply for an ehcp so if one was needed I'm sure that would have been done by now too.

@fr0th those are the same options that the majority of parents are facing now too. You are not special and alone in that regard. You are showing no flexibility at all in how you're willing to move forward. You are coming across as entitled and not prepared at all to even consider other views.

You can of course write a complaint following the school complaint policy, complain to ofsted, complain to the LA. The only impact this will have is on breaking down the relationship between you and school. [/quote]
Parents of children with SN are in a very different position - I am sorry if you don't like that but they are. Autism is a social and communication disorder - receptive communication, and often executive functioning, is impaired. My child cannot access online learning to the same extent a neurotypical child can.

My child has fundamental impairments and needs that your child does not.

And, if anything, it is even more important that I keep my job and be able to provide for my child, because I will have to provide for my child long after you will have to provide for yours.

I've got a pretty thick skin but I think you are being pretty insensitive to keep saying that we are all in the same boat - we aren't.

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.

This, exactly, and what Changalang said about numbers of key workers etc.

It seems the OP is completely unaware of the circumstances of other children. "not being able to focus on school work" would come a LONG way down the list of reasons for needing to be in school.

YAsounding more U the more you post. Especially with your comment about tax

Nor am I sure why your dh's clients would have completely missed the news of this pandemic. Everyone is having to make adjustments and allowances.

Perhaps you should go on to iPlayer and watch the item on the news they did from hospital in London. The country is on the edge. If a child doesn't get any schoolwork done for a few weeks , that pales into insignificance compared with what some people are going through.

I think your dh needs to step up a bit more here. It's likely that unfortunately the school can't. You already work 12 hours and you're the breadwinner. You said he only brings in 20% of 2019 - does that not mean that he has 80% less work? Doesn't that free him up a bit?

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.

Op, honestly, just dont make him do it. You dont have to. Or tell him he needs to at least make an effort with his maths and english every day, and then put some documentaries on.
This really isnt worth it.
Yes my kids are autistic and so am i

You can also ask for place if you feel it will be detrimental to his mental health:
"Others at the provider and local authority’s discretion including pupils and students who need to attend to receive support or manage risks to their mental health"