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'm
A teacher and disgusted with this!!!

I would go along too, every time so she doesn't miss out and you can also help out generally?

@AlwaysLatte

I would go along too, every time so she doesn't miss out and you can also help out generally?

The OP has said she has work and has to be at home for medical deliveries.

@AlwaysLatte I physically can not go. That’s the issue they are basically saying it’s your fault because you can’t go so she can’t go.
It’s completely unfair in my opinion.

Oh sorry, I read you can't go afterwards. Can a family member go with her instead?

The reason I can’t go to this one ( I probably would if I could because she really wants to go ) is because I have a appointment / meeting about said child on the same day which is extremely important.
I can’t reschedule it as it has to be done before end of term.
It’s just really hard to cram everything in.
I didn’t know I had to go as when I asked I was told of course no issues. I then received an email much later on.

This is disability discrimination pure and simple.

If the trip is not possible for your DD to go on they should be rearranging the trip so that your DD can go. Under the Equality Act, schools have a statutory duty to make reasonable adjustments for pupils with disabilities.

www.ipsea.org.uk/what-is-disability-discrimination

www.equalityhumanrights.com/sites/default/files/reasonable_adjustments_for_disabled_pupils_1.pdf

And their argument does not hold water. If your DD does not go, then the 1:1 shouldn't be going either as she is employed to be with your DD!

@converseandjeans

What is the trip? It seems unfair that the 1-1 allocated to your daughter - presumably funded for her - is being used to help out and make up numbers. What do they expect you to do with your daughter for the day?

This. My DS previous school used to ask me to go on the days out and use the 1:1 as a general TA. I was able to go, so did, but it’s a bloody cheek really when the 1:1 is specially funded for that job. Do you have a specialist teacher assigned by the council who checks up on your child at school every so often that you could ask to support you in this matter? Worth contacting the council who is funding the 1:1 anyway, or at least telling the school you will be doing so if they don’t include your child.

[quote Manic20201]@WorraLiberty you ate talking like I haven’t tried to sort it out. I have numerous times. I can’t tell you how many times. I have had to fight for an education for her from day 1.
I went above the school but they then make out all is fine to the LA and then make promises etc

Have you ever dealt with the LA ? They are all in trying to just get you to stay put.[/quote]
This is so true! Unless the school is supportive to the needs if the child then its an uphill struggle to get them to fulfil what is written in the EHCP.

Not helpful just posting to say that school is making excuses. … writing writing and escalate

If your DCs 1-1 goes with the class, who is with your DC whilst they are gone?

My son has been tube fed since eight months old and has never missed a school field trip his class attended!

Ok, if you can't go and dd has 1:1 support then the school needs to make it happen.
I guess head teacher then governors ?

It really isn't ok.

I agree with previous poster- ask the school for written or emailed reasons as to why they are refusing to take your child on a school trip.
On the face of it, it does not sound like they can do this.

@Manic20201

When I did raise this in a big meeting the HT knocked it down with the whole 2-1 scenario and how I would be depriving another child of a 1-1 in school. He then said well it’s only like 6 days a year like it didn’t mean anything to daughter.

I dont see why she needs a 2-1!! I assume the ambulance issue would be if the tube came out in which case her 1-1 goes in the ambulance and is not affecting any ratios on the trip and they pay for the 1-1 to get a taxi back to school when you get there. (I suppose thats hard on long trips but you say it's half a day locally).

You could also try the tack that she is missing out on part of her coursework if the trips are properly educational rather than just a jolly.

Your DD's 1-1 is employed by an outside party to be with her, & only her, 100% of the time? If that's the case, can they legally use the 1-1 for other work if your DD is available for school (i.e. not off school sick)? Surely it would be misappropriation of funds, or something? Probably not exactly that, but they are diverting a staff member intended for a specific purpose, for a disabled student, & then saying that the student cannot do X activity because she doesn't have appropriate supervision?

It's a big steaming heap of bullcrap. Escalate it, no-one will want it on their doorstep once they realise what's going on. Hopefully the school will see sense & do the right thing.

I've a feeling there's more to it than you've written. I've only known about one child not being able to go on a trip ( residential in London) and that was because their safety could not be guaranteed and all.the ins and outs were discussed with the parents and they came to that agreement together.

So what are the risk factors?

So she can go, but only if someone proficient (a parent) in her medical needs is available. I take it she has been on some school trips though when you are available? It does suck, but maybe the 1-1 feels there is a bit of a difference in providing care for your child in the school setting than our and about? It's not a blanket she can't attend, but that with her complex needs, you need to attend to?

Absolutely shocking. I'm guessing she wouldn't even be getting a feed during the time she was away?
They surely would have to have a risk assessment for if any child required an ambulance. If there's not enough staff to take any child to hospital then their numbers are not safe. Is your child much more likely to need an ambulance that any other child? Plus even though you have a mental day I'm sure that if they required an ambulance for your child you would be there!

You need to check this with someone legal but I think that when there is clear discrimination like this then you can wither go for the organisation OR the individual.

I know under HASAW you can do this, but your DD is not an employee.

If they are taking the 1-1 but not your DD then they have to provide her with a different 1-1.

From the government info:

Employers should not start from the assumption that all students with disabilities present a health and safety risk. A sensible approach to health and safety will help all parties work together to find solutions that enable access to educational opportunities.

So they may be in breach of the law, they are certainly at odds with the guidance.

www.hse.gov.uk/services/education/special-educational-needs.htm

Also

The public sector equality duty places positive obligations on educational establishments – the aim is to prevent problems from arising, rather than dealing with them after they have occurred, when it's often too late. Specific guidance for schools is available on the Equality and Human Right's Commission website.

Quote these at the head and say you will be informing the HSE of their breach. Remind the head that she/he is individually responsible and that as a minor your DD is entitled to legal aid.

I'd probably email them and tell them you are making a request uder teh data protection act.

You need the risk assessment for why your DD is being excluded from the trip - quote from HSE site, if they have not done a risk assessment then they are breaking DDA, Equality Act and HSAW act.

Ask what will happen if any child on a trip needs an ambulance? Your DD is no more likely to need one than any other child so if they have not risk assessed other children they are discriminating against your DD.

Then point out that under HASAWA

If a health and safety offence is committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the organisation, then that person (as well as the organisation) can be prosecuted under section 37 of the Health and Safety at work act

Also ask for the risk assessment for your DD not attending the trip and the impact of removing her 1-1.

You need clarification of the role of the 1-1 on the trip, as they are not being paid by the school then are they there in a voluntary basis? If so have they informed who ever pays the 1-1 so they are not paid that day? If they are being paid then that's potentially fraud because the organisation paying (LA?) is not paying that person to attend a trip.

What are they providing to make up for the missed educational opportunity for your DD? You are legally responsible for educating your child, you have chosen to do this by her attending school, the school have to provide the same quality of education as others in the school.

I would basically cause them so much paperwork that it is less hassle to take DD on the trip.

"I would go along too, every time so she doesn't miss out and you can also help out generally?"

The OP shouldn't be expected to go. What is going on is disability discrimination.
What may be needed here is a formal complaint about it.

What a really bad message they are sending to the rest of the class.

I think you need to make a formal complaint.

This is illegal. The school is breaking the law (Equality Act 2010). It pisses me right off that parents of disabled children have to fight so fucking hard for their children to be given the same opportunities as others, when it is enshrined in law that they shouldn't have to!!

They are supposed to organise trips taking into account the cohort they have.

Start getting everything in writing. Email everything. If the school tells you things verbally, email a summary of the conversation making sure you include any 'dodgy' comments the school makes. Ask in writing for copies of risk assessments. When they see you are doing this they will probably take the situation more seriously.