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.

So when your daughters 1:1 is on the trip your daughter doesnt have them. This is ok with you?

I'm sorry but dont stand for this. 1:1 stays with your daughter. Speak to head, governers and then report. You shouldn't have to but they are literally walking all over you.

As others have mentioned, aside from this being unreasonable, have they said what provision will be in place for your child if she is left behind? She still has to be in school that day and learning. They can’t exclude her even more by expecting her to stay at home.

You need to see the risk assessment and challenge it if appropriate.

In further/higher education we have very rare occasions where there are no suitable reasonable adjustments that we can think of to enable a student to access a course - eg a student with severe visual impairment wanting to complete a childcare qualification that certifies they are able to independently supervise a set number of children, or a student with uncontrolled seizures wanting to join a course where they will be using dangerous machinery - eg on joinery courses.

We are usually satisfied when a medical professional states that they are happy for the student to participate, as long as that medical professional is fully briefed on what will be involved.

But it's a question of going through the risk assessment with a fine tooth comb to see where it can be challenged. Getting MPs involved can put a lot of pressure on schools as well.

I'd be tempted to do a Subject Access Request for your child.

@0None0 it's that kind of blinkered thinking that needs to change. The problem started with whoever planned a trip that wasn't suitable for a wheelchair user, when you had a wheelchair user in the class. It should never have got to the risk assessment stage. At any rate, by the time you realised a child wouldn't be able to go, you should have changed the trip.

They're using her 1-1 as a member of their staff to look after the other kids on the trip. If your daughter goes then they can't use her 1-1.
Tell them she'll be coming into school as normal then and her 1-1, who they don't pay, better be available for her as that's why she's there.

You need to find out the reason why, I expect it could be an insurance issue. But don’t assume, you need to know the reason why, can’t really make any suggestions until you know why this decision was made.

The 1 to 1 is her support, and school will be getting funding for that. They can find someone else to help with the others

Complain to the head teacher, copy in the chairman if Governors, tell them it’s disability discrimination, she has a 1 to 1 funded for her, not the rest of the kids. I would also tell them you are happy to sue them for discrimination if necessary

The school have a legal duty to make reasonable adjustments (if practicable) for your child to access all parts of the curriculum, including trips. There is good guidance on this (including trips) from the equalities commission:

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

From what you’ve said, your child doesn’t even need adjustments to be made anyway to participate and they are just giving blanket ‘no’ to all trips. I’d ask them what they have done to try and accommodate your child, ask for the risk assessment that makes the trip too risky for your child (and why reasonable adjustments can’t be made) and also ask to meet with the Head. If no joy, take it to the governors and put in a formal complaint. Consider complaining to ofsted and others if not satisfied.

Clearly discriminatory. If they can't include your DD they shouldn't run the trips.

I think you need a lawyer.

So a letter to the school should include the assumption that the only reason for their decisions is to free up the 1-2-1 for 'numbers' hence has nothing to do with child safety and if they refuse to allow your daughter to attend and your daughter cannot attend school on the day with their 1-2-1 then this confirms the assumption. They need to show contemperaneous evidence of a risk assessment to show demonstrably reasonable decisions were made each time your daughter was refused.

The 1– 1 is attending the trip, everytime its the same thing if I don’t go then she can’t go and the 1-1 then attends in numbers.

Does that mean your child is left without her 1:1? Assuming the 1:1 is prescribed in her EHCP and is for her alone, that's unlawful. Tell the council that the school is misusing the funding they've given for the 1:1.

Surely if your DC can not go on the trip the 1:1 worker can’t either as they will be at school with your child. The school can’t just say she can’t come in just because they want the 1:1 on a school trip. Definitely mention the equality act. The EHCP is a legal document if they ignore it definitely take it further.

It will depend where the OP lives. Some LA's (Nottinghamshire for an example) will not attach any funding on the EHCP.

Is there more to this OP?

I agree that clearly the child has far more complex needs than a feeding tube. However the feeding tube is the reason the school are giving, so if the actual reason is the child’s complex needs which make managing situations outside of the school environment more difficult then they should be saying that. But given they’re not, the OP should be approaching them on the basis they’re discriminating based on her needing to be tube fed, which is exactly what they’ve said.

A parent shouldn’t need to go, that straight away changes the experience for the child.

Ds is tube fed and has a feed in school. If he attends something outside of school his 1-1 does the feed there

It went from on a previous trip because of she needed an ambulance 1-1 wouldn’t be able to go with her.

Why not? The 1:1 should be there for her alone, therefore there is no reason why she couldn't go with her. If she couldn't go because that would mean they didn't have enough adults for the other children, then the same argument would apply to every other child on that trip who might have an accident. The simple fact is that they have to plan to meet that eventuality.

This time it’s medical reasons and that the risk assessment didn’t allow it.

Ask urgently for a copy of the risk assessment and show it to your GP to see if they agree.

You said you've not been able to go in 4 years because "I work etc have medical supply deliveries which can’t be missed."

Is there really no way you can take a day's annual leave and ask someone else to be there for the delivery?

As a matter of law, no school can make attendance on a school trip by a disabled child conditional on a parent attending. It's blatant disability discrimination.

@Manic20201

The 1– 1 is attending the trip, everytime its the same thing if I don’t go then she can’t go and the 1-1 then attends in numbers. The one I did attend the 1-1 was needed for numbers. I can’t attend the trip this time though.

So that does that mean your dd has to stay at home? That’s disgusting. I’m pretty sure that’s not legal as your dd is being deprived of an education.

This is discrimination.

Your child's 1-to-1 should not be included in ratio numbers for supervision. If your child needed to go in an ambulance, then the 1-to-1 goes with her. If the school are short on supervision, they need to get parent helpers to make up those numbers, not use the member of staff specifically paid to be there for your daughter.

If your daughter doesn't go and stays in school, is her 1-to-1 in school with her?

As everyone rightly says, this is discrimination based on your child's disability and a clear breach of the Equality Act 2010. You should write to the Head and the Chair of Governors saying so, and ask for confirmation that your child can go with her 1:1. Warn them that if they won't agree you will be bringing a DD claim in the Special Educational Needs and Disability Tribunal. Contact the Equality and Human Rights Commission who may well be prepared to support you in bringing the claim.

Also contact the local authority and ask them to intervene as it appears clear that the school is misusing the funding for your child's 1:1.

What are her medical conditions? Is this a day or overnight trip? The 1:1 is paid close to minimum wage per hour so they might be afraid of the heightened responsibility of looking after a child with complex physical disabilities out of the school setting? The only option you have is to volunteer to go. I know you said you’re working, but couldn’t you book a day off for the sake of your Dd?

I'd contact Coram Children's Legal Centre for some advice. What they are doing is actually unlawful. I don't understand how people can't believe this sort of thing happens but clearly they have had a lovely sheltered life. You shouldn't have to go as s/he has a 1:1 so ignore people telling you that you should have to rearrange everything or provides someone else. You sound so focussed on your child and have been clear the issue is not about whether you want to go or not, and clearly would if you could and it was about that, it is about your child wanting to go on the trip and be independent of mum. That being said, the attitude of the school towards your child must really hurt. I've been so fortunate as the school my child attends (completely different type of disability) is so can do and inclusive and I never for a moment take it for granted. Sending you a big hug.

Good luck with sorting this out it sounds as though you have been extremely patient. Good advice on this thread - but I am sorry you have to fight again. Be calm patient and inquisitive, get it written down and escalate to the governors and LEA. Ambulance thing is ridiculous because any child might need an ambulance.