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.

On your school website you need to find and then quote their Sen policy and what they have written in their Sen report. I’m a SENCo in a mainstream school and this just would not be an issue. Additionally the ambulance element is crap as the same can be said for any child that may hurt themselves. 1:1 should not be included in ratio and in my experience, venues allow another free member of staff in 1:1 situations.
This pisses me right off!

Wow yes get some advice it is wrong my son has complex medical needs and his ms primary always took on trips with his 1-1 there fir him and his 1-1 had travelled in ambulance with him and I met them at hospital

Head was also willing to make it work for residential trip by sending extra staff to cover (in End. he was to ill for it

Ridiculous of the school. The 1-1 is there to care for your dd, not to make up their ratios. I would make a complaint.

@PathOfLeastResitance

On your school website you need to find and then quote their Sen policy and what they have written in their Sen report. I’m a SENCo in a mainstream school and this just would not be an issue. Additionally the ambulance element is crap as the same can be said for any child that may hurt themselves. 1:1 should not be included in ratio and in my experience, venues allow another free member of staff in 1:1 situations. This pisses me right off!

I was coming on to say this. In my 2017-2018 cohort we had a little boy with a mickey button, all staff who came into contact with him received the training to look after him, not just his 1:1. I lived in fear of him pulling it out (he had done a few times) but it never happened with us. He came on all of our trips, we were just stringent that we had included his care plan in our risk assessment. He always carried his emergency pack anyway, so it was no different to just coming to school.

@Manic20201

I would if I could but I really can’t and I also think this sets them up for always relying on me when I’m not sure they are allowed to refuse based on parent not being able to attend.

You’re absolutely right here. They are breaking the law as they are treating your child differently because of their disability - which is a protected characteristic under the Equality Act. My school had to cancel swimming lessons for 2 classes as the pool didn't have a working hoist for one child in a wheelchair. He couldn’t go so none of the class went. Arrangements were then made for the lessons to take place in a different pool which cost the school a lot more due to the transport costs. Here’s a link to part of the legal aspect of disability discrimination - I suggest you email the link to the Head and point out that you do not expect them to break the law by refusing to take your child on the trip. www.gov.uk/rights-disabled-person/education-rights

There is statutory guidance for schools around day trips and attendance by pupils with medical needs here

I am a teacher and have taken many such children on day and residential trips, although risk assessments have usually suggested 2:1 support for safety and parents generally attended to ensure that ratio is met.

I would be making it clear that you want her to attend and will consider it discriminatory if she does not. If they are confident that they are within the guidance, ask them to explain this in writing. If they are insistent that she cannot attend - and there are circumstances where this can be justified - then tell them she will be attending school on that day and will need her 1:1.

Kick up a big stonking fuss. They are discriminating against your child

I'm outraged on your behalf. I'd come up with better advice if you were in Scotland, but if you're asking for their risk assessment, why not go all in and do a subject access request? If the local authority don't do what they should they'd get a Freedom of Information request a week on the topics of what they're doing to support inclusivity and the rights of disabled children. It has to be a slightly different question each time.

yes the school don’t pay for this member of staff.
This isn't entirely true. They will part fund some from their SEN budget.

However the way they are dealing with trips is discrimination and needs challenging now. Ask to see the RA and to support school in overcoming any risks they feel they cannot manage.

I’m a teacher in Scotland and I’m not sure what the official rules are on this, but no way would our headteacher allow for a child to be left behind on a school trip for any reason. The only times I haven’t taken a child is because the parent/carers were not happy for them to attend. This has been the case in all the schools I have taught in over the past ten years. You cannot deny any child an educational experience that the rest of the class are having.

In your child’s circumstance, the 1:1 would be there, only for the child they were employed to work with. Any additional adults would be sourced by the class teacher in the normal way.

Luckily, most places in my city that offer school trips have been very adaptable and accommodating towards the various needs of children I have had in my classes.

The only thing I can add is that they are singling your dd out and in so doing are highlighting to the other children she is different from them and can be excluded from the group. You say this is already starting to be an issue so it is really important to get the school to stop now for excluding your dd sends a terrible message not just to her but to the other children in terms of exclusion and disability discrimination. Shame on them. Schools do normally not like to exclude children. They like children to be treated all the same. This is supposed to be a fundamental philosophy. It seems this is only lip service in your dd’s case.

Just another voice agreeing that this is appalling. Ex teacher and senior leader here, no way would we ever have allowed a student to miss out on a trip due to any kind of complex need. It would always be expected that it was simply factored into any trip planning. We had students in wheelchairs with very complex medical needs. They never missed out. This is discriminatory and completely unacceptable.

I couldn’t see if you’d been to the governors (apologies if missed that you did) but an email to the head quoting the various helpful pieces of legislation mentioned here, copying in head of governors would be my next move. It wouldn’t hurt mentioning escalating to Ofsted if you don’t get a satisfactory resolution. That should kick any head and chair of governors into action. How depressing though that that head would essentially need blackmailing to ensure that he did right by his students. ‘Only 6 days a year’ honestly makes me so angry. That man has no place as an educational leader.

Another thought, a school trip would usuallly be linked with the curriculum and learning in the classroom and the trip should be complimentary to that and used before and after to enhance learning. How are they replicating that for your child?
You shouldnt have to go on the school trips. Your child has the right to attend and to do so without you.

I would contact the department that issued your child EHCP and let them know that the school are not meeting the requirements set out in it. This is a legal document so not enabling her to go is in breach of that as is using her 1-1 for other children.

Make an official complaint (call it that) and write to the chair of governors and cc SENDIAS. It wouldn’t always be illegal but in the circumstances you describe, it sounds like they are not making reasonable efforts to include her. The logic of her 1:1 going in the trip without her is also very If your DD can’t go for some valid reason the 1:1 should be with her in school. So that adds to the impression your DDs needs are getting virtually no consideration.

Sorry I haven’t read the full the thread so may have been answered

If the 1:1 is going and your DD isn’t who is looking after her in school?

I'd point out that the 1-1 can't go on the trip as they'll be needed to look after your child in school.

Where are they expecting your DD to be on the day of the trip?

OP, I think you should post this in the SEN board and ask what legal responsibilities the school has to treat your Dd equally.

To al these posters suggesting help from family members etc: we have Equality Discrimination legislation. The school is funded to educate the OP’s Dd according to her needs, and that includes school activities.

I had a similar battle with one of my Dc but it was a long time ago so I can’t remember the details of my argument.

But basically the school are saying it is a budget issue because they have not allocated enough person power. That is their problem to solve. They should have budgeted for this within your DD’s plan.

Think about it from the point of view of the teachers. We are not medically trained, yet expected to be familiar with literally dozens of medical conditions and disabilities.

No member of staff is obliged to take responsibility for an individual with a condition they are not comfortable with

I have refused to take responsibility for a very fragile child in a wheel chair when I would have had to push the heavy wheel chair up a very steep hill that I simply wasn’t sure I was strong enough to do.

I wrote on the risk assessment that I required a member of staff strong enough to push the wheel chair up the hill. Non were available, so the child could not attend. The alternative was to cancel the whole trip for everybody.

Two colleagues of mine agreed to take a child with a severe medical condition on a school trip. There was an incident and the child nearly died. The teachers present acted as they had been trained and saved the child’s life, and got awards for their action, however it ended the careers for both of them. Both resigned, and years later are still traumatised

As a teacher I think this is horrific.
The 1:1 is for your daughter. When I plan trips I don't count the 1:1 in numbers as they are allocated to an individual child. I absolutely would escalate and move schools. A good school would do whatever was needed to include.

But any child could need an ambulance on a trip. Just because she is peg fed doesnt make her more likely to need an ambulance.

They should staff for the group accordingly. Your dds 1:1 should only ever count for your dd.

I'd take this as far as I could. Local MP etc after governors etc.

Special needs schools (inc many peg fed kids) go on 5 day residential. It's not a big ask to expect dd to be taken to the bloody park by school.

I agree the school should take her. If they really won’t back down, I would go yourself. I know you say you can’t, but as an older lady to a younger one - my advice would be never put work before your child. Work won’t love you like your child does. It also doesn’t need you in the same way.

I can’t believe people are saying you should go on the trip.

I would not even get into the specifics with the school regarding risk assessments and their staffing issues.

I would write a letter to the head and the chair of governors stating your child had been excluded from the trip due to their disability and that this is illegal. If they can not resolve this and allow her on the trip you will be taking further legal action. And then if they don’t, I would.

The specifics of staffing etc is the schools problem, not yours. Go big picture here- they are blinding you with details to get out of taking her.

Find the supporting children with medical conditions in school.

Read the equality act.

Then hit them with a shit hit email that informs them they are breaking the medical conditions policy and also the law.

Then state if they still refuse to allow your child attend you expect the 1:1 to be providing education in school with a teacher teaching her.
Oh - and you be following up that with taking them to tribunal for disability discrimination.

You also need to request in writing to see the risk assessment that excludes your child. They can only refuse to take her if a high risk cannot be negated. Which it doesn't sound like they can because she has a trained 1:1 (why is it fine in school but not out?) and also they'll let her go if you attend. (Why is it safe if you are there - what risk can you negate they are claiming they aren't).

Ask them specifically the questions in writing. Make them account for their discriminatory actions.

My ds is disabled. His school tried everything to make sure he could attend trips. Sometimes he didn't because he really felt like he couldn't manage and that was different because they were willing at times to give him 2:1 to support him.

And even you could go, I would refuse to go. Schools needs to be able to accommodate her needs. I wouldn’t go out of principle. Other children don’t have their parents their, as you say, she is getting older, she should have the same opportunities as her peers. To be on a School trip with a parent there.