To think this is clear disability discrimination?

[BoomShakALakaa]

DS has SN and we are trying to get him a college placement for September in a specialist college. He has an EHCP.

Found a college that ticks all the boxes but they say they are not suitable for him due to DS having a mild learning disability. They say he will be too slow and hold up the rest of the (small class) which will be detrimental to him and other students. No reasonable adjustments can be made.

Obviously this is a college but a school couldn’t get away with saying that could they?

There are presumably entry requirements, and he presumably doesn't meet them? So no, not disability discrimination. Everyone has to meet the same entry requirements. it would be detrimental to the whole class to accept one individual who has not met the entry requirements.

Sorry you are disappointed. many students don't get the college courses they applied for, even when they do meet the entrance requirements, courses fill up and people are turned away. I hope you find somewhere else for your son

They're refusing admission solely on the grounds of disability, it's direct discrimination and I'd pursue it through their complaint process.

He does meet the admission requirements. There are no entry requirements as it’s not a mainstream college.

They have been clear that this to do with his learning disability.

sorry, I don't understand this post at all, which seems to be contradicting itself. Perhaps you could give some more details? No one the face of it, I can't see why any college has to admit someone with learning disabilities onto a course not suitable for them.

Schools and colleges (and other organisations) have a legal duty under the Equality Act, they cannot exclude solely on the grounds of disability as this is discrimination.

OP, I would get some advice from the EAS about this.

https://www.equalityadvisoryservice.com/

The college will need to demonstrate the adjustments that they have considered and why it would be unreasonable for them to implement it. They cannot just say "there are no reasonable adjustments that can be made" and this would not hold up under challenge through tribunal.

Only if they can make "reasonable" adjustments. What is "reasonable" depends on many factors. If they have genuine reasons why any adjustments needed wouldn't be "reasonable", then no, it's not illegal discrimination.

No one the face of it, I can't see why any college has to admit someone with learning disabilities onto a course not suitable for them.

They cannot legally refuse to offer a place just because someone is disabled, it's unlawful under the Equality Act. Disabled students also have a right to reasonable adjustments which the college have refused to consider and is, again, unlawful.

Have they said what the reasonable adjustment is they can't make?

To be quite frank they are telling you that they can’t meet his needs. So why would you want to force them into accepting him? Whether it’s classed as discrimination or not, surely you want a place for him where he will be supported and nurtured and will do well. Focus on that.

If he has qn EHCP than I still think you would have to name the college I assume college has read his EHCP ?
And on that basis feel they can't meet his needs ?

with an EHCP support and adjustments are what allow he playing field to be levelled so that your DS can access the course ie time for teacher to prepare presentation of course that works for him, a TA or scribe etc. No excuse for discrimination but if the course is one that may not have had many students with SEND, the course/college may need to have their heads strongly wobbled by reference to discrimination. Almost everything is accessible and everything can be made accessible with some thought by the college/teachers

Try IPSEA for free advice: www.ipsea.org.uk/

sorry, but this makes no sense- students apply for places, we choose on the basis of who is capable of the course. Until the course is full, then no one can get a place, however capable and well qualified they are.

Of course we turn down people who are not capable of the course - and intellectual ability is the main consideration. And of course we could not run a course for a whole class who have the academic ability and one who does not.

yes, you can turn someone down if they do not have the academic ability to do something, whether that is a course, a qualification, a job, or anything.

Just to be clear. this is a SEN college who create bespoke learning packages for students from vocational to GCSE and A level. Tou don’t apply for a specific course!

what sort of SEN does it cater for?

On what basis are they saying they can't meet his needs ?Have they read his EHCP and based their decision on that?
My Son has always gone to a special school ,obviously there are different types of special school, s and colleges .

Purely on the basis of his learning disability!

I'm currently going through similar with finding a specialist placement for my 10 year old. Even though it feels discriminatory it's not.

When a child has an EHCP the local authority consults with your preferred college placement about whether they can meet your child's needs.
The placement has a legal right to refuse placement if:

• it is incompatible with the child or young person’s age, ability, aptitude or special educational needs

Or

• it is incompatible with the efficient education of others with whom the child or young person would be educated, or the efficient use of resources.

Is your son's EHCP updated to reflect his current needs? If not, I would request an annual review to do this. And then reconsult with colleges using the updated EHCP. Alternatively if you feel you disagree with the reason a place was refused, you can appeal it and take it to tribunal. However there is currently a 3 month wait to have your appeal approved, followed by a year's wait for your case to be heard. I personally asked for further detail about why the placements felt my daughter wasn't compatible with them etc. Some placements gave reasons I agreed with, others I disagreed with as her needs have changed between the annual review and now. As we're going through the tribunal process for another EHCP related issue, it was amended it to reflect daughter's current needs and new consultations were sent out to some of the schools.

I would recommend
Www.ipsea.org.uk and www.sossen.org.uk for advice on appealing and on what constitutes a lawful refusal of a college place etc.

I'm sorry you're going through this. It can be a battle to secure appropriate education for our SEND children.

But there are different types of SEN colleges if they are offering GCSE,s and Alevels than it sounds like they accept student's who are quite academically able but with other needs
Honestly you probably need proper advice about this .

But what SEN does the college cater for? I have a son with ASD. He’s heading to a specialist school for children with Autism. Other needs may be present but ASD is the first diagnosis and every applicant is assessed individually. If needs can’t be met then a place isn’t offered regardless of diagnosis.

My eldest went to a specialist college. Whilst they did not have academic requirements they had an extremely limited number of places and had to carefully match the various educational et al needs against those of others to check if they could provide a safe and supportive learning environment. Funding was another major issue. No way I could have afford to pay. There were an awful lot of disappointed families who could not get full funding or whose older child’s needs were not a good fit for the provision and who did not get a place.
Sons college tried to signpost towards alternative options, if the college cannot cater for your sons needs or funding for your son is limited could they point towards alternatives

It’s a college specifically for SEN students? But they’ve said they can’t meet your sons SEN needs? When they’ve said he’ll be too slow and keep the class back this sounds to me like they think he doesn’t have the ability, in that case do you really want to push this and have your son struggling?

So what benefit would it be to attend a school that is not fit for him, you can try and stick a 'discrimination' label on it but how would that specifically help him?

Schools usually phrase it as "we cannot meet the needs of this child" and yes it is very common.