AIBU disabled DC and school trip

[Manic20201]

My DC class is going on a school trip at the end of term. They school are refusing to take them due to disability ( tube fed )
We have had medical clearance from health team and she has a trained 1–1.
AIBU to believe ( this is now nearly 4 years of never attending a school trip ) that it’s getting ridiculous. She is so sad about it and waited a long time to go.

I am just catching up. The fact she is tube fed etc is the reason she has a 1-1, I am not stating that my child is sick. She has a life limiting life threatening illness however day to day she is like every other year 3 child. She would never go to school
Unwell and in 4 years has been sent home sick twice and never needed an ambulance .
Her 1-1 was employed because the school
Felt like they needed someone who was more comfortable so that’s what we fight for and got it. Her 1-1 is medically qualified.

It's really not about this one trip but what is right for your daughter. Its unlikely she will be going on this trip and you are probably exhausted but I would do the following:
Follow the schools complaint procedure
Contact you LA and consider legal action
Contact your MP
Contact your local news

It's crap and needs sorting.

@Manic20201

I am just catching up. The fact she is tube fed etc is the reason she has a 1-1, I am not stating that my child is sick. She has a life limiting life threatening illness however day to day she is like every other year 3 child. She would never go to school Unwell and in 4 years has been sent home sick twice and never needed an ambulance . Her 1-1 was employed because the school Felt like they needed someone who was more comfortable so that’s what we fight for and got it. Her 1-1 is medically qualified.

In that case I would be perfectly comfortable kicking up a fuss and continuing to kick up a fuss until it was resolved.

Unfortunately some people won't do the right thing unless forced.

I'm so sorry you and your daughter are being put through this. As a teacher I have taken children with all sorts of needs on trips. Crutches with back-up wheelchairs, insulin pumps or injections, epipens and feeding tubes have all featured as have more temporary needs such as a child in a wheelchair post broken tibia and fibia and a child on a residential whose surgical dressing for an exploded abcess needed to be changed daily. Never have I demanded a child's parent accompany them on a trip because of their medical needs; sufficient school staff have always been trained to manage the long-term medical needs and for things like exploding abcesses, I arranged to have training from the school nursing team. If I want/need additional adults to come, I ask for parent volunteers. I would rather not take anyone than leave one member of the class behind because of their medical needs!

Would it be helpful for you to get some quick legal advice so the school is reminded of its responsibilities re: your daughter's access to the curriculum?. this guy has been a huge help to a number of families I know, some of them as a result of the free consultation alone.

SUE EM
This is discrimination under the equality act.
If they claim its for health and safety reasons they must tell you what it is.
If there are reasonable adjustments that would make it so your child can go then is is discrimination.

If a business refused service to you child because she is disabled then you could sure em for discrimination. This is the same for school.

The school needs to clarify exactly why your child can't go. They should give you advance notice of trips so if you need additional support for your child you can arrange it.

Send them a request for them to outline the reasons and then seek legal advice.

If your child would be able to go to the place where the school trip is without the business saying no then i cant see why the school should say no.

If its because your child is tube fed then thats wrong. As you can get additional help.

I'm no rocket scientist but logic and commonsense has it her 1-1 needs to be with her.

So ask the school some awkward questions have they done a risk assessment for her being in school while the 1-1 is on the trip.

My guess is they are expecting you to keep her home or cave in and go on the trip.

But ultimately she has a right to her education and x many days in school per year. (Someone brighter than me will know the details).

You sound amazing and good luck in your fight.

Gosh, some dreadful discriminatory nonsense on this thread.

I won’t add to the advice save to say that the legal duty to maintain the EHCP is always on the LA and cannot be delegated. If the school are playing fast and lose with your 1:1 then you need to point out that they’re not fulfilling the provision of section F and are *therefore placing the Local Authority at risk of Judicial Review” and say that unless they stop immediately you will be starting the pre action protocol for JR on the LA.

That usually shits ‘em up just enough.

Just to add to @Shuffleuplove's comment, there's some helpful information about judicial review on here - www.sossen.org.uk/information_sheets.php